University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Foti JI-LA-0003
Docket / Court 93-CC-1337 ( State Court )
State/Territory Louisiana
Case Type(s) Juvenile Institution
Case Summary
In 1993, the parents of a juvenile offender filed suit under 42 U.S.C. § 1983 against the state of Louisiana in the Civil District Court, Parish of Orleans. The plaintiffs alleged that the juvenile court judicial administrator wrongfully sent their minor son to a juvenile detention center ... read more >
In 1993, the parents of a juvenile offender filed suit under 42 U.S.C. § 1983 against the state of Louisiana in the Civil District Court, Parish of Orleans. The plaintiffs alleged that the juvenile court judicial administrator wrongfully sent their minor son to a juvenile detention center where he was allegedly raped. The Civil District Court (Judge George C. Connolly, Jr.) denied the state's motion for summary judgment and the state applied for writs to the Court of Appeals, which were denied on August 2, 1993. The state further filed for certiorari to the Louisiana Supreme Court. On November 29, 1993, the state's writs to the Supreme Court were granted, and the case was remanded to the State Court of Appeal. Doe v. Foti, 629 So.2d 407 (La. 1993).

On May 15, 2006, the Louisiana Court of Appeals (Judge Robert J. Klees) granted the state's motion for summary judgment, holding that the state was immune from suit under 42 U.S.C. § 1983. The court reasoned that the state received immunity because the judicial administrator performed a judicial function in deciding to send the plaintiff's son to the detention center. Doe v. Foti, 634 So.2d 58 (La.App. 4th Cir. 1994). Moreover, the plaintiffs' evidence (an unsigned "incident report") in opposition to the state's motion was insufficient to preclude summary judgment.

We do not have the docket or any further information on the case.

Stacey Jensen - 05/15/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Sexual abuse by residents/inmates
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) State of Louisiana
Templeman Detention Center
Plaintiff Description Juvenile offender alleging that juvenile court judicial administrator wrongfully sent juvenile to juvenile detention center where he was allegedly raped
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Decision 11/29/1993 (629 So.2d 407)
JI-LA-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 03/15/1994 (634 So.2d 58)
JI-LA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Armstrong, Robert R. Jr. (N.D. Ala.) [Magistrate]
JI-LA-0003-0001
Klees, Robert J. (State Appellate Court)
JI-LA-0003-0001
Waltzer, Miriam G. (State Appellate Court)
JI-LA-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Breslin, T. Peter (Louisiana)
JI-LA-0003-0001
Defendant's Lawyers Barkley, Robert E. Jr. (Louisiana)
JI-LA-0003-0001
Ieyoub, Richard P. (Louisiana)
JI-LA-0003-0001
Mohre, Elizabeth H. (Louisiana)
JI-LA-0003-0001
Schwab, Thomas E. (Louisiana)
JI-LA-0003-0001
Other Lawyers None on record

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