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Case Name Cong v. Foti JC-LA-0001
Docket / Court 2:99-cv-00663-SSV-JCW ( E.D. La. )
State/Territory Louisiana
Case Type(s) Jail Conditions
Case Summary
This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.

The suit alleged that correctional officers beat the plaintiffs and conspired with non-immigrant ... read more >
This 42 U.S.C. § 1983 case was filed in the Eastern District of Louisiana on November 6, 1998 by private counsel on behalf of thirteen Asian immigrant detainees of the Orleans Parish Prison.

The suit alleged that correctional officers beat the plaintiffs and conspired with non-immigrant incarcerated people to fight them in 'staged gladiatorial contests.' Along with the § 1983 claim, the plaintiffs simultaneously filed a motion for a temporary restraining order (TRO) to require defendants to allow them access to counsel.

On January 7, 1999, the Court (Judge Sarah S. Vance) issued the TRO and on January 12, 1999, issued a Preliminary and Permanent Injunction containing its terms; ordering defendants to grant the plaintiffs' counsel immediate access to any incarcerated person who signed a contract of representation or who requested a visit with counsel. The order further required defendants to allow counsel to photograph any incarcerated person who had signed a proper contract of representation.

The plaintiffs moved for an interim award of attorney fees and costs, and on April 12, 1999, the Court (Judge Vance) granted the motion.

The case was consolidated with two other cases arising out of the same incident. In one, a non-immigrant incarcerated person claimed that he had been coerced into fighting the Asian immigration detainees. In the other, a new pretrial incarcerated person claimed that he had been left unguarded and was embroiled in the fight. All three cases were set before Magistrate Judge Wilkinson for a bench trial.

A bench trial began on May 16, 2000, and after the conclusion thereof, the parties reached a settlement prior the release of Magistrate Judge Wilkinson's findings letter. We have no details about the terms of the settlement and no further information about this case.

Blase Kearney - 04/17/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Due Process: Substantive Due Process
Discrimination-basis
Race discrimination
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Protective custody
Staff (number, training, qualifications, wages)
Medical/Mental Health
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Orleans Parish
Plaintiff Description Thirteen Asian male immigrant detainees in the Orleans Parish Prison.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 02/26/1999
Case Closing Year 2000
Case Ongoing No
Case Listing JC-LA-0025 : Robinson v. Foti (E.D. La.)
JC-LA-0026 : Miller v. Foti (E.D. La.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D. La.
10/11/2000
2:99−cv−00663
JC-LA-0001-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. La.
04/09/1999
Order and Reasons (for awarding attorney's fees) [ECF# 11] (1999 WL 212752)
JC-LA-0001-0003.pdf | WESTLAW | Detail
Source: Westlaw
E.D. La.
08/04/2000
Order of Dismissal [ECF# 93]
JC-LA-0001-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Vance, Sarah S. (E.D. La.) show/hide docs
JC-LA-0001-0003 | JC-LA-0001-9000
Wilkinson, Joseph C. Jr. (E.D. La.) [Magistrate] show/hide docs
JC-LA-0001-9000
Plaintiff's Lawyers Gaudin, Michele (Louisiana) show/hide docs
JC-LA-0001-9000
Longoria, Salvador G. (Louisiana) show/hide docs
JC-LA-0001-9000
Defendant's Lawyers Matthews, Freeman Rudolph (Louisiana) show/hide docs
JC-LA-0001-9000
Quaglino, John Vito (Louisiana) show/hide docs
JC-LA-0001-9000

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