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Case Name In Re: C.B. et al JI-LA-0004
Docket / Court 97-KA-2783 ( State Court )
State/Territory Louisiana
Case Type(s) Juvenile Institution
Case Summary
In 1997, in an effort to ease overcrowding in juvenile detention centers, the Louisiana Legislature enacted a law allowing the Department of Public Safety and Corrections [the Department] to transfer juveniles that had been adjudicated delinquent (not convicted of a crime) to adult facilities upon ... read more >
In 1997, in an effort to ease overcrowding in juvenile detention centers, the Louisiana Legislature enacted a law allowing the Department of Public Safety and Corrections [the Department] to transfer juveniles that had been adjudicated delinquent (not convicted of a crime) to adult facilities upon reaching the age of seventeen. LSA-RS 15:901.1 (effective July 14, 1997). Once transferred, the juveniles would be treated the same as the adult convicted felons and required to perform hard labor.

On September 3, 1997, five juveniles filed a "Motion to Stay Transfers to "Adult Prisons" and an "Application for Preliminary Injunctive Relief" in the Juvenile Court for East Baton Rouge Parish. The juveniles contended that the law in question violated both the state and federal constitutions.

The Juvenile Court found that the law violated due process as guaranteed by the state constitution and issued a permanent injunction enjoining the Department from effectuating further transfers of juveniles in that parish. The Department requested a stay of the order pending appeal, which was denied. The juveniles requested that the injunction be expanded state wide to stay all juvenile transfers. That request was also denied. The Department appealed directly to the

On appeal the, Louisiana Supreme Court affirmed. It held that LSA-RS 15:902.1 as applied by Regulation B- 02-008 was unconstitutional as it violated the due process clause of our state constitution. The Supreme Court noted that the Juvenile Court did not differentiate whether it found the law to be unconstitutional on its face or as applied by the regulation. The decision left open the possibility that the Department could attempt to issue a different transfer regulation. In re C.B., 708 So.2d 391 (La. 1998).

We have no further information on this matter.

Dan Dalton - 02/21/2007


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Issues and Causes of Action
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Issues
General
Youth / Adult separation
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Louisiana Department of Public Safety and Corrections
Plaintiff Description All detained juveniles in the East Baton Rouge Parish that had been adjudicated delinquent (not convicted of a crime), who were subject to transfer to adult facilities upon reaching the age of seventeen.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1998 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 03/04/1998 (708 So.2d 391)
JI-LA-0004-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 03/11/1998
JI-LA-0004-0001.pdf | Detail
Judges Calogero, Pascal F. (State Supreme Court)
JI-LA-0004-0001 | JI-LA-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers Dixon, Stephen Andrew (Louisiana)
JI-LA-0004-0002
Utter, David J. (Louisiana)
JI-LA-0004-0002
Defendant's Lawyers Finalet, Carlos M. III (Louisiana)
JI-LA-0004-0002
Ieyoub, Richard P. (Louisiana)
JI-LA-0004-0002
Kline, William Lester (Louisiana)
JI-LA-0004-0002
Morgan, Martha S. (Louisiana)
JI-LA-0004-0002
Other Lawyers Lambert, David Lee (California)
JI-LA-0004-0002

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