University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Robinson v. Foti JC-LA-0025
Docket / Court 2:99-cv-03167 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Jail Conditions
Case Summary
Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP). On October 22, 1999, he filed a pro se 28 U.S.C. 1983 action in the Eastern District of Louisiana alleging misconduct and failure to provide adequate medical treatment by corrections officers

Plaintiff ... read more >
Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP). On October 22, 1999, he filed a pro se 28 U.S.C. 1983 action in the Eastern District of Louisiana alleging misconduct and failure to provide adequate medical treatment by corrections officers

Plaintiff alleged that a fight that erupted between plaintiff and several Asian detainees held in OPP on behalf of the INS was instigated by a corrections officer. Plaintiff alleged that the corrections officer equipped the plaintiff with a weapon, and cleared experience guards out of the cellblock to enable him to attack the Asian detainees, with promises of benefits if he did attack the detainees. Plaintiff brought the action alleging that his injuries were the result of the defendant officer's and warden's negligence, that his 8th Amendment rights had been violated by the coercive instruction by the corrections officers threats/promises, and that the injuries suffered as a result thereof were unconstitutional.

After a bench trial, the Court (Magistrate Judge Joseph Wilkinson) found defendants not liable for all the Sec. 1983 claims. However, because the senior corrections officer escorted the first victim of the attack to the infirmary leaving the block staffed by a single, inexperienced officer, the court found the defendant warden liable for the escalation of the fight and plaintiff's resulting minor injuries under Louisiana tort law and entered judgment for the plaintiff for $200 on October 12, 2000.

Blase Kearney - 04/15/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Orleans Parish
Plaintiff Description Inmate who was allegedly compelled to fight other prisoners at Orleans Parish Prison Correctional Officer's direction.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing JC-LA-0001 : Cong v. Foti (E.D. La.)
JC-LA-0026 : Miller v. Foti (E.D. La.)
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
2:99-cv-03167-MVL-JCW (E.D. La.) 10/12/2000
JC-LA-0025-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Findings of Fact and Conclusions of Law 10/12/2000
JC-LA-0025-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 10/12/2000 (E.D. La.)
JC-LA-0025-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Lemmon, Mary Ann Vial (E.D. La.)
JC-LA-0025-9000
Wilkinson, Joseph C. Jr. (E.D. La.) [Magistrate]
JC-LA-0025-0001 | JC-LA-0025-0002 | JC-LA-0025-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Matthews, Freeman Rudolph (Louisiana)
JC-LA-0025-9000
Morin, Linda Pacetti (Louisiana)
JC-LA-0025-9000
Quaglino, John Vito (Louisiana)
JC-LA-0025-9000
Other Lawyers None on record

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