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Civil Rights Litigation Clearinghouse
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Case Name Doe v. Foti JI-LA-0002
Docket / Court 93-1227 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Juvenile Institution
Attorney Organization Youth Law Center
Case Summary
On April 14, 1993, juveniles confined in the Concheta Facility, Orleans Parish Prison, filed a class action suit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff and the Prison. The plaintiffs, represented by the Youth Law ... read more >
On April 14, 1993, juveniles confined in the Concheta Facility, Orleans Parish Prison, filed a class action suit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff and the Prison. The plaintiffs, represented by the Youth Law Center of San Francisco, CA, the ACLU and local private attorneys, presented violations of rights under the 1st, 4th, 5th, 8th, 9th, and 14th Amendments. Specifically, the complaint alleged unsanitary physical conditions; failure to provide necessities for basic hygiene; overcrowding; lack of an adequate classification system for incoming detainees; inadequate mental, physical, and dental health care; failure to provide educational and physical exercise programs; restricted access to visitors; and inadequate and poorly trained staff.

On May 21, 1993, the Court (Judge Peter Hill Beer) reassigned the case to Judge Lansing Leroy Mitchell. On August 19, 1993, the Court (Judge Mitchell) referred the case to Magistrate Judge Alma Chasez for all non-dispositive pre-trial matters. After granting motions for the plaintiffs to proceed anonymously and in forma paupris, the Court (Magistrate Judge Chasez) held a series of hearings and conferences designed to settle the matter without going to trial.

On October 14, 1997, the parties submitted a consent decree to the Court (Judge Mitchell). At some time prior to this, a Federal Court Order was entered capping the population at the Concheta Facility at 150. The new Consent Decree contained concessions by the Sheriff to comply with minimum constitutional requirements in the detaining of juveniles. Specifically, the defendants agreed to construct an indoor gym / educational facility containing approximately 10,000 square feet, next to the current Concheta Facility on or before April 1, 1998. Juveniles were to receive daily exercise as well as weekly structured recreation. The Sheriff further agreed to establish a classification and placement system accounting for: age; prior criminal behavior; prior institutional commitments; level of drug abuse; gang affiliation; suicide potential; prior psychiatric commitment; ward of residence; and current instant offense. Lastly, juveniles were to be allowed 30-minute visitation periods twice weekly, at least one being during weekdays.

On October 28, 1997, the U.S. District Court for the Eastern District of Louisiana (Judge Mitchell) adopted the Consent Decree as a Court Order. On February 13, 1998, the Court (Magistrate Judge Chasez) ordered defendants to determine what additional food can be available in the evening to juveniles who voiced complaints that they were hungry. On August 4, 2000, the Court (Magistrate Judge Chasez) ordered the matter administratively closed. On March 5, 2002, plaintiffs issued notice of intention to file a petition for attorneys' fees.

Greg Venker - 05/21/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Crowding
Crowding / caseload
Pre-PLRA Population Cap
General
Bathing and hygiene
Classification / placement
Education
Food service / nutrition / hydration
Recreation / Exercise
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Visiting
Medical/Mental Health
Dental care
Medical care, unspecified
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Orleans Parish
Plaintiff Description All juveniles who are currently, have been or will be In the future confined In the Conchetta Facility, Orleans Parish Prison.
Indexed Lawyer Organizations Youth Law Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Docket(s)
93-1227 (E.D. La.) 03/05/2002
JI-LA-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Complaint for Declaratory, Injunctive, and Other Equitable Relief 01/01/1993
JI-LA-0002-0001 PDF | Detail
Conference Status Report 05/31/1994
JI-LA-0002-0002 PDF | Detail
Correspondence 06/10/1997
JI-LA-0002-0003 PDF | Detail
Consent Decree 10/14/1997 (E.D. La.)
JI-LA-0002-0007 PDF | Detail
Judgment 10/28/1997 (E.D. La.)
JI-LA-0002-0008 PDF | Detail
Judges Chasez, Alma L. (W.D. La., E.D. La.) [Magistrate]
JI-LA-0002-0002 | JI-LA-0002-0003
Mitchell, Lansing Leroy (E.D. La.)
JI-LA-0002-0007 | JI-LA-0002-0008 | JI-LA-0002-9000
Moore, Louis Jr. (E.D. La.) [Magistrate]
JI-LA-0002-9000
Monitors/Masters Stewart, John Calvin (Louisiana)
JI-LA-0002-9000
Plaintiff's Lawyers Bell, James Raymond (California)
JI-LA-0002-0003 | JI-LA-0002-0007 | JI-LA-0002-9000
Bowers, Patricia Nalley (Louisiana)
JI-LA-0002-0002 | JI-LA-0002-9000
Cook, Richard B. (Maryland)
JI-LA-0002-0001 | JI-LA-0002-9000
Lee, Donna Hae Kyun (District of Columbia)
JI-LA-0002-9000
Lopez, Mark J. (District of Columbia)
JI-LA-0002-0002 | JI-LA-0002-9000
Ramiu, Maria Felisa (California)
JI-LA-0002-9000
Scheckman, Steven Robert (Louisiana)
JI-LA-0002-0001 | JI-LA-0002-9000
Speir, Jerry L. (Louisiana)
JI-LA-0002-9000
Troxell, George Henry III (Louisiana)
JI-LA-0002-9000
Defendant's Lawyers Detweiler, Keith (Louisiana)
JI-LA-0002-9000
Endom, Franklin Jr. (Louisiana)
JI-LA-0002-9000
Jennings, Maureen Blackburn (Louisiana)
JI-LA-0002-0007
Lambert, Nolan Patrick (Louisiana)
JI-LA-0002-9000
Lambert, Alexander Adam Jr. (Louisiana)
JI-LA-0002-9000
Matthews, Freeman Rudolph (Louisiana)
JI-LA-0002-0007
Morin, Linda Pacetti (Louisiana)
JI-LA-0002-9000
Rosenberg, Robert M. (Louisiana)
JI-LA-0002-9000
Segu, Maria Michelle (Louisiana)
JI-LA-0002-9000
Torregano, Kathy L. (Louisiana)
JI-LA-0002-9000
Usry, Thomas Allen (Louisiana)
JI-LA-0002-0003 | JI-LA-0002-0007
Walker, Annabelle Hoppe (Louisiana)
JI-LA-0002-9000
Weeks, John F. II (Louisiana)
JI-LA-0002-0002 | JI-LA-0002-9000
Wilson, Greta L. (Louisiana)
JI-LA-0002-9000
Zibilich, Franz L. (Louisiana)
JI-LA-0002-9000
Other Lawyers Quigley, William Patrick (Louisiana)
JI-LA-0002-0002
Rees, Robert (Louisiana)
JI-LA-0002-0002

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