University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Miller v. Foti JC-LA-0026
Docket / Court 2:99-cv-03257 ( 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) who brought a pro se 28 U.S.C. 1983 action alleging misconduct by corrections officers and failure to provide adequate medical treatment in the Eastern District of Louisiana on November 2, 1999. The case was ... read more >
Plaintiff was a non-immigrant pretrial detainee at the Orleans Parish Prison (OPP) who brought a pro se 28 U.S.C. 1983 action alleging misconduct by corrections officers and failure to provide adequate medical treatment in the Eastern District of Louisiana on November 2, 1999. The case was consolidated with Cong v. Foti, and Robinson v. Foti, which arose out of the same incident.

Plaintiff alleged that a fight that erupted between another inmate and several Asian detainees held in OPP. Plaintiff alleged that the senior corrections officer's abandonment of the cellblock lead to plaintiff's embroilment with a fight in which he sustained injury. 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 conducted by Magistrate Judge Joseph Wilkinson, defendants were found not liable for all the Sec. 1983 claims. However, because the senior corrections officer had escorted the first victim of the attack to the infirmary, the block was left understaffed and the only remaining officer was inexperienced. The defendant warden was found liable for the escalation of the fight and plaintiff's resulting minor injuries under Louisiana tort law, and judgment was entered for the plaintiff for $250 on October 10, 2000.

Blase Kearney - 04/15/2012


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Issues and Causes of Action
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Issues
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Personal injury
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Orleans Parish
Plaintiff Description A pretrial detainee who was being booked when a fight broke out in a cellblock.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
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 2001
Case Ongoing No
Case Listing JC-LA-0025 : Robinson v. Foti (E.D. La.)
JC-LA-0001 : Cong 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-03257-SSV-JCW (E.D. La.) 01/21/2001
JC-LA-0026-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Findings of Fact and Law 10/10/2000
JC-LA-0026-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 10/11/2000 (E.D. La.)
JC-LA-0026-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Vance, Sarah S. (E.D. La.)
JC-LA-0026-9000
Wilkinson, Joseph C. Jr. (E.D. La.) [Magistrate]
JC-LA-0026-0001 | JC-LA-0026-0002 | JC-LA-0026-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Matthews, Freeman Rudolph (Louisiana)
JC-LA-0026-9000
Morin, Linda Pacetti (Louisiana)
JC-LA-0026-9000
Quaglino, John Vito (Louisiana)
JC-LA-0026-9000
Other Lawyers None on record

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