Case: Imani v. City of Baton Rouge

3:17-cv-00439 | U.S. District Court for the Middle District of Louisiana

Filed Date: July 9, 2017

Closed Date: April 16, 2023

Clearinghouse coding complete

Case Summary

On July 9, 2017, thirteen protesters and two reporters who were arrested during a protest in Baton Rouge filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiffs sued the City of Baton Rouge, as well as numerous agents of the Baton Rouge Police Department, East Baton Rouge Sheriff’s Department, and other state agencies, under 42 U.S.C. § 1983 and Article 306 of the State of Louisiana Children's Code. The plaintiffs, represented by private couns…

On July 9, 2017, thirteen protesters and two reporters who were arrested during a protest in Baton Rouge filed this lawsuit in the United States District Court for the Middle District of Louisiana. The plaintiffs sued the City of Baton Rouge, as well as numerous agents of the Baton Rouge Police Department, East Baton Rouge Sheriff’s Department, and other state agencies, under 42 U.S.C. § 1983 and Article 306 of the State of Louisiana Children's Code. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief as well and monetary relief and attorneys’ fees.

After a Baton Rouge police officer shot and killed Alton Sterling, people gathered in Baton Rouge to speak out against the pattern of police misconduct in the area and, more generally, in the United States. In July 2016, a peaceful, youth-led protest gathered at the State Capitol building where participants spoke, sang, and prayed. Participants then marched around the area in the same fashion.

Eventually, law enforcement officers gathered. The officers ordered the protesters to disperse – an impossible order to comply with, since the police blocked off most of the surrounding streets, had already ordered the protesters to stay off the sidewalks, and were arresting people who stepped into the streets to leave.

Shortly thereafter, the officers swept through the crowd, violently grabbing people and binding their wrists with plastic zip ties. The officers arrested a mix of protesters, reporters, and legal observers. One of the plaintiffs was a 17-year-old girl put in an adult prison with male inmates in violation of the Children’s Code. Another plaintiff was separated from her children, including a five-year-old who was taken from her and put into child protective services.

The plaintiffs claimed that the defendants had, in ordering the dispersal of a peaceful protest and unlawfully arresting participants, violated participants’ First Amendment rights to speech, assembly, and free press. The plaintiffs also claimed excessive force, unreasonable search and seizure, and civil conspiracy. The original complaint and some of the exhibits contained many photographic images depicting the actions of both protesters and law enforcement officers.

The plaintiffs sought injunctive relief in the form of a preliminary injunction requiring the defendants to end the practices and policies described above. The plaintiffs also sought a preliminary and permanent injunction requiring the defendants to expunge the plaintiffs’ arrests at the defendants’ cost and bar the defendants from reporting the plaintiffs’ arrests to any law enforcement agency, database, employer, or credit agency. 

On July 12, 2017, the plaintiffs filed a notice of related cases. The plaintiffs listed six cases that all involved damages lawsuits on behalf of people who were wrongfully arrested during the July 2016 Alton Sterling protests in Baton Rouge, including  McKesson v. City of Baton Rouge.

The case was originally assigned to Judge Shelly D. Dick. On July 12, 2017, the case was reassigned to Judge James J. Brady. Then, in light of the plaintiff’s notice of related cases, the court reassigned the case to Judge John W. deGravelles and Magistrate Judge Erin Wilder-Doomes, the judges who presided over the McKesson case mentioned above.

On July 21, 2017, the plaintiffs filed their first amended complaint, adding an exhibit to the complaint listing the names and charges of all persons arrested during the protest.

On September 11, 2017, the defendants filed a motion to strike the plaintiffs’ complaint and first amended complaint. The defendants argued that the plaintiffs’ failed to comply with Rule 8 of the Federal Rules of Civil Procedure (FRCP) in their use of illustrative pictures in a petition and a “Photographic Timeline” as one of the exhibits. The defendants considered these to be unconventional and unprofessional.

Then, on September 28, 2017, the defendants filed another motion to dismiss and, in the alternative, a motion to strike the first amended complaint. The defendants made similar arguments to the motion above.

On October 12, 2017, the plaintiffs filed a stipulation of voluntary dismissal of some of the defendants, namely, the defendants associated with the Louisiana Sheriff’s Association. Judge deGravelles approved this the next day.

On January 2, 2018, the plaintiffs filed a second amended complaint, removing some of the unconventional exhibits complained about in prior motions to dismiss. The amended complaint retained, however, much of the photographic imagery in the complaint itself. On January 11, 2018, the defendants, in response to the plaintiffs’ filing a second amended complaint, withdrew their September 11, 2017 and September 28, 2017 motions to dismiss. 

In the following weeks, the defendants filed two motions to strike and four motions to dismiss the second amended complaint. In support of the motions to strike, the defendants argued again that the second amended complaint violated FRCP Rule 8. Additionally, the defendants claimed that the complaint contained redundant, immaterial, impertinent, and scandalous allegations.

In support of the motions to dismiss, the defendants argued that the plaintiffs failed to state a claim on which relief can be granted. Moreover, the defendants claimed that the court lacked jurisdiction over some of the defendants because Eleventh Amendment immunity applies to them. Lastly, the defendants argued that this case was ripe for dismissal on the grounds that the outcome of the case might influence the claims that had already been or had yet been filed.

On February 20, 2018, the defendants moved to stay discovery. Then, on February 26, 2018, the defendants filed another motion to dismiss and, in the alternative, a motion to strike the second amended complaint. The defendants argued that the complaint should be dismissed and/or stricken because the 82-page, 333-paragraph complaint with its attached 64 pages of exhibits, violated the provision of FRCP Rule 8 that requires that a properly pled complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” On May 14, 2018, Judge deGravelles granted in part the defendants’ motion to stay discovery. With the exception of written discovery, discovery was stayed pending resolution of the issues raised in the motions to dismiss.

On January 22, 2018, the defendants moved to dismiss the complaint against the Louisiana State Police and its superintendent, which the plaintiffs opposed on February 5, 2018. On September 7, 2018, the court granted and denied in part the motion. The court dismissed the claims against the Louisiana State Police on the grounds of being barred by the Eleventh Amendment, while retaining the claims against the superintendent in his official capacity. 

On January 24, 2018, the former superintendent of the Louisiana State Police moved to dismiss the claims against him. The plaintiffs opposed on February 28, 2018. On September 7, 2018, the court granted in part and denied in part the motion. The court dismissed in part the claims against him in an individual capacity for lack of personal participation, but maintained the claims against him in an individual capacity for failure to intervene.

On January 24, 2018, certain Louisiana State Police troopers moved to dismiss the claims against them, which the plaintiffs opposed on February 28, 2018. On September 7, 2018, the court granted in part, denied in part, and deferred in part the motion. The court dismissed the claims against the troopers for excessive force, unlawful search and seizure, and conspiracy, because the plaintiffs failed to state a viable claim. The court deferred whether the plaintiffs stated a cognizable claim for other constitutional violations or that qualified immunity was overcome, because the court could not determine whether these particular defendants were liable.

On January 25, 2018, the sheriff of the East Baton Rouge Parish moved to dismiss the claims against the East Baton Rouge Sheriff’s Office. The plaintiffs opposed on March 21, 2018, and the defendants replied in support of the motion on April 30, 2018. On September 7, 2018, the court granted in part, denied in part, and deferred in part the motion. The court dismissed the claims against the sheriff in his individual capacity for conspiracy, personal participation, custom of unlawful arrest and excessive force, and failure to train, supervise, and implement a policy, Pending limited discovery, the court deferred ruling on the sheriff’s liability for some state law claims and whether a single policy decision had the moving force of a constitutional violation.In response to these rulings and further discovery, on November 6, 2019, the parties filed a joint motion to dismiss so that the plaintiffs could file a new complaint that included only the officers against whom the plaintiffs had remaining claims. The new complaint was filed on November 14, 2019; it changed the list of defendants, removing the ones already mentioned and adding new defendants identified during discovery. 

On February 26, 2020, the plaintiffs moved for partial summary judgment, which the court denied without prejudice on July 30, 2020. Plaintiffs were reminded to “re-urge” their motion following the close of discovery. 

On September 18, 2020, the plaintiffs moved to resume discovery, which the court found moot on September 22, 2020. Originally, discovery was stayed pending the resolution of motions to dismiss for qualified immunity. As that issue was resolved, a scheduling conference order had already been issued to address the extent of permissible discovery.

On January 21, 2021, the defendants moved to dismiss the November 2019 complaint. On September 22, 2021, the plaintiffs filed a consent motion to voluntarily dismiss particular defendants from the case. The next day, on September 23, 2021, in consideration of the consent motion, the court granted the dismissal of 10 defendants with prejudice. The dismissed defendants were ordered to bear their own costs. 

On October 19, 2021, the plaintiffs filed a consent motion for partial voluntary dismissal of certain claims. The court granted the consent motion on October 20, 2021, dismissing the claims with prejudice, and ordering each party to bear its own costs. Later that same day, the parties filed a notice of settlement for one of the plaintiffs. On October 21, 2021, the court approved the joint notice of settlement for that plaintiff, ordering the dismissal of the plaintiff’s claims without prejudice to the right, upon good cause, of the parties to reinstate the claims if the settlement was not consummated within sixty days. The parties bore their own costs, and once settlement was consummated the claims would be dismissed with prejudice. The details of the settlement were unknown to the Clearinghouse. 

On September 28, 2021, plaintiffs once again moved for partial summary judgment. The next day, on September 29, 2021, defendants moved for summary judgment. On July 14, 2022, the court issued orders on both motions. The court granted the defendants’ motion for summary judgment on two claims, ordering the dismissal with prejudice of (1) claims against the BRPD police chief in his official capacity, and (2) claims for intentional infliction of emotional duress. The court found the official capacity claims against the police chief to be redundant to the claims against the city, and noted that the plaintiffs failed to oppose the dismissal or respond to the argument, which was effectively a waiver. As to the intentional infliction of emotional duress claims, the court found that the plaintiffs failed to demonstrate a genuine issue of material fact about whether they experienced distress that no reasonable person could be expected to endure. On all other claims, the court denied both the plaintiffs’ motion for partial summary judgment and defendants’ motion for summary judgment, as they presented issues of fact for a jury to decide. This included claims regarding: Monell liability, qualified immunity, First Amendment generally, First Amendment protests, First Amendment freedom of press, First Amendment retaliation, false arrest, imprisonment, manufacturing of evidence, claims against individual officers, claims against the city, search and seizure, excessive force, failure to intervene, civil conspiracy, Louisiana constitution, negligent infliction of emotional distress, assault and battery, false imprisonment, malicious prosecution, negligence, and vicarious liability and indemnity.

On January 20, 2023, the parties filed two consent motions to dismiss certain defendants. The court granted the motions on January 23, 2023, dismissing the specified defendants with prejudice and ordering each party to bear its own costs.

Jury trial began on February 2, 2023. On February 15, 2023, before closing statements in the trial, the Baton Rouge Metro Council approved a $1.17 million settlement, inclusive of costs and attorneys fees. The following day, the court ordered a 60-day dismissal of the action without prejudice, pending the consummation of the settlement agreement. 

This case is now closed. 

Summary Authors

Jake Parker (6/5/2018)

Anna Brito (11/14/2018)

Ellen Aldin (6/1/2020)

Jerry Lan (4/13/2023)

Grayson Metzger (2/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6121773/parties/imani-v-city-of-baton-rouge/


Judge(s)
Attorney for Plaintiff

Adcock, John Nelson (Louisiana)

Barriere, Brent Bennett (Louisiana)

Attorney for Defendant

Abadie, Rachel Marie (Louisiana)

Andrews, Arthur H. (Louisiana)

Baniszewski, Chris Robert (Louisiana)

Expert/Monitor/Master/Other
Judge(s)

DeGravelles, John Wheadon (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorney for Defendant

Abadie, Rachel Marie (Louisiana)

Andrews, Arthur H. (Louisiana)

Baniszewski, Chris Robert (Louisiana)

Batson, Lea Anne (Louisiana)

Beck, Ashley Walton (Louisiana)

Brown, Gwendolyn K. (Louisiana)

Brustowicz, Celeste (Louisiana)

Cunningham, Erika (Louisiana)

Dotson, Anderson O. (Louisiana)

Erlingson, Mary G. (Louisiana)

Evans, James Garrison (Louisiana)

Fahrenholt, Gregory Charles (Louisiana)

Frosch, Craig Edmond (Louisiana)

Gaudin, Andre' Collins (Louisiana)

Gremillion, Frank J. (Louisiana)

Henry, Patrick Edgerton (Louisiana)

Hilburn, James L (Louisiana)

Humphrey, Courtney King (Louisiana)

Jackson, Michael L. (Louisiana)

James, Edward (Louisiana)

Johnson, Managan Lee (Louisiana)

Johnston, Tara Lynn (Louisiana)

Jordan, David Robert (Louisiana)

Knightshead, Tedrick K. (Louisiana)

Lamothe, Alexandra Marie (Louisiana)

LeBlanc, J. Burton (Louisiana)

Lefeve, David M. (Louisiana)

Lewis, James Russell (Louisiana)

Monsour, Sarah Shannahan (Louisiana)

Moore, Shelley Denise (Louisiana)

Morris, Deelee (Louisiana)

Murray, Dwayne M. (Louisiana)

Nebeker, William Albert (Louisiana)

Peck, Christina Berthelot (Louisiana)

Phayer, Dennis J. (Louisiana)

Philips, Harry Joseph (Louisiana)

Rome, Alan Gregory (Louisiana)

Roper, Mary E. (Louisiana)

Sanders, David Glen (Louisiana)

Saucer, S. Ann (Louisiana)

Schillage, Michael Paul (Louisiana)

Schroeder, Lloyd Frederick II (Louisiana)

Scott, Joseph K (Louisiana)

Sr, Jonathan Holloway (Louisiana)

St. Pierre, Catherine S. (Louisiana)

Urbina, Rolando Roberto (Louisiana)

Usry, Thomas Allen (Louisiana)

Washington, Alvin R. (Louisiana)

Young, David Alexander (Louisiana)

show all people

Documents in the Clearinghouse

Document

3:17-cv-00439

Docket [PACER]

May 6, 2020

May 6, 2020

Docket
1

3:17-cv-00439

Complaint

July 9, 2017

July 9, 2017

Complaint
59

3:17-cv-00439

Second Amended Complaint

Jan. 2, 2018

Jan. 2, 2018

Complaint
131

3:17-cv-00439

Order

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion

2018 WL 2018

134

3:17-cv-00439

Order

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion

2018 WL 2018

133

3:17-cv-00439

Order

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
130

3:17-cv-00439

Order

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
132

3:17-cv-00439

Order

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
189-1

3:17-cv-00439

Second Amended Complaint

Nov. 14, 2019

Nov. 14, 2019

Complaint
289

3:17-cv-00439

Judgment of Dismissal

Sept. 23, 2021

Sept. 23, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6121773/imani-v-city-of-baton-rouge/

Last updated April 6, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 053N-1606891.), filed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Most, William) (Entered: 07/10/2017)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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July 9, 2017

July 9, 2017

Clearinghouse
2

MOTION for Leave of Court to Conduct Limited Expedited Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Draft Order, # 3 Exhibit A, # 4 Exhibit B)(Most, William) Modified on 7/11/2017 to edit text. (EDC). (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

MOTION(S) REFERRED: 2 MOTION for Discovery (Limited, Expedited). This motion is now pending before the USMJ. (EDC)

July 11, 2017

July 11, 2017

PACER

Motions Referred

July 11, 2017

July 11, 2017

PACER
3

NOTICE of Related Cases by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage (Most, William) Modified on 7/13/2017 to edit text. (EDC). (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER

Case Reassigned to Judge James J. Brady. Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW)

July 13, 2017

July 13, 2017

PACER

Case Assigned/Reassigned

July 13, 2017

July 13, 2017

PACER
4

ORDER: The Court having determined that the above captioned matter presents common questions of law and fact with 16-cv-520-JWD-EWD, DeRay McKesson, et al v. City of Baton Rouge, et al. The matter of Blair Imani, et al v. City of Baton Rouge, et al., 17-cv-439-JJB-RLB, is hereby TRANSFERRED to Judge John W.deGravelles and Magistrate Judge Erin Wilder-Doomes. Signed by Judge John W. deGravelles and Judge James J. Brady on 7/18/2017. (EDC) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER

Case Assigned/Reassigned

July 18, 2017

July 18, 2017

PACER

Case Reassigned to Judge John W. deGravelles and Magistrate Judge Erin Wilder-Doomes. Judge James J. Brady, Magistrate Judge Richard L. Bourgeois, Jr. no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC)

July 18, 2017

July 18, 2017

PACER
5

AMENDED COMPLAINT (First) against All Defendants, filed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Most, William) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
6

RULING denying 2 MOTION for Leave of Court to Conduct Limited Expedited Discovery. Signed by Magistrate Judge Erin Wilder-Doomes on 7/25/2017. (LLH) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
7

Summons Submitted (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Most, William) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
8

Summons Issued as to Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association, Louisiana State Police, Kevin Reeves. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) Attorney will re submit summons for Michael Edmondson. (LLH) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
9

WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. AIX Group waiver sent on 7/21/2017, Aix answer due 9/19/2017. (Adcock, John) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
10

WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Sid J. Gautreaux, III waiver sent on 7/21/2017, Sid Gautreaux III answer due 9/19/2017. (Adcock, John) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
11

WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Louisiana Sheriffs' Association waiver sent on 7/13/2017, answer due 9/11/2017. (Adcock, John) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
12

WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Chuck Hurst waiver sent on 7/25/2017, answer due 9/25/2017. (Adcock, John) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
13

MOTION TO DISMISS/NOTICE of Dismissal of Defendant Atlantic Specialty Insurance Company by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage (Adcock, John) Modified on 8/25/2017 to change event type and edit text (ELW). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
14

ORDER approving 13 MOTION to Dismiss Defendant Atlantic Specialty Insurance Company only pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Signed by Judge John W. deGravelles on 08/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
15

ANSWER to 1 Original and First Amended 5 Amended Complaint, by Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association.(Schroeder, Lloyd) Modified on 8/31/2017 to edit text (ELW). (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
16

MOTION for Leave of Court to Conduct Limited Expedited Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Draft Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Most, William) Modified to edit the text on 9/5/2017 (KAH). (Attachment 6 replaced on 9/5/2017) (KAH). (Entered: 09/02/2017)

1 Memorandum in Support

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2 Draft Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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Sept. 2, 2017

Sept. 2, 2017

PACER

MOTION(S) REFERRED: 16 MOTION for Leave of Court to Conduct Limited Expedited Discovery. This motion is now pending before the USMJ. (KAH)

Sept. 5, 2017

Sept. 5, 2017

PACER
17

MOTION to Enroll T. Allen Usry as Additional Attorney by Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association. (Attachments: # 1 Attachment PROPOSED ORDER)(Schroeder, Lloyd) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER

Motions Referred

Sept. 5, 2017

Sept. 5, 2017

PACER

MOTION(S) REFERRED: 17 MOTION to Enroll T. Allen Usry as Additional Attorney . This motion is now pending before the USMJ. (EDC)

Sept. 5, 2017

Sept. 5, 2017

PACER
18

MEMORANDUM in Opposition to 16 MOTION for Leave of Court to Conduct Limited Expedited Discovery filed by Sid J. Gautreaux, III. (Attachments: # 1 Exhibit Exhibit A)(St. Pierre, Catherine) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
19

ORDER granting 17 Motion to Enroll Co-Counsel. T. Allen Usry be and hereby is allowed to enroll as co-counsel of record for Defendants, Sid J. Gautreaux III, in his capacity as President of the Louisiana Sheriffs Association, Mike Cazes, Chuck Hurst and Louisiana Sheriffs Association. Signed by Magistrate Judge Erin Wilder-Doomes on 9/7/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified on 9/8/2017 (NLT). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
20

MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. by City of Baton Rouge, Carl Dabadie, Jr, Melvin Lee Holden, Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
21

ORDER granting in part and denying in part 16 MOTION for Leave to Conduct Limited Expedited Discovery. Plaintiffs are granted leave to issue a limited subpoena to BRPD as stated in the attached order. Plaintiff's request to conduct expedited discovery directed to EBRSO is denied. Signed by Magistrate Judge Erin Wilder-Doomes on 9/11/17. (DCB) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER

MOTION(S) REFERRED: 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P.. This motion is now pending before the USMJ. (LLH)

Sept. 12, 2017

Sept. 12, 2017

PACER

Motions Referred

Sept. 12, 2017

Sept. 12, 2017

PACER
22

There is no Docket # 22. Entered in error by Case Administrator. (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER

Motions No Longer Referred: 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P.. This motion is now pending before the USDJ. (BLR)

Sept. 13, 2017

Sept. 13, 2017

PACER

Motions No Longer Referred

Sept. 13, 2017

Sept. 13, 2017

PACER
23

MOTION for Leave to File Memorandum in Excess of Page Limit by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Leave, # 2 Proposed Pleading; Proposed Order re Motion for Leave, # 3 Proposed Pleading; Motion to Dismiss, # 4 Memorandum in Support Memorandum in Support of Motion to Dismiss, # 5 Proposed Pleading; Proposed Order on Motion to Dismiss)(St. Pierre, Catherine) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
24

RETURN OF SERVICE of subpoena(s) executed upon Baton Rouge Police Department on 9/20/2017 by Personal (Adcock, John) (Main Document 24 replaced on 9/21/2017) (EDC). Modified on 9/21/2017 to rotate pages. (EDC). (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
25

ORDER granting 23 MOTION for Leave to File Memorandum in Excess of Page Limit filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 09/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
26

MOTION to Dismiss and in the Alternative MOTION to Strike 5 First Amended Complaint, by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Order)(LLH) (Entered: 09/29/2017)

1 Memorandum in Support

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2 Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
27

MOTION to Enlarge the Time to Serve the Remaining Defendants by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Adcock, John) Modified to edit the text on 10/2/2017 (KAH). (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER

MOTION(S) REFERRED: 27 MOTION to Enlarge the Time to Serve the Remaining Defendants. This motion is now pending before the USMJ. (KAH)

Oct. 2, 2017

Oct. 2, 2017

PACER

Motions Referred

Oct. 2, 2017

Oct. 2, 2017

PACER
28

NOTICE of Briefing Schedule on 26 MOTION to Dismiss MOTION to Strike 5 Amended Complaint, : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
29

RESPONSE to 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. filed by All Plaintiffs. (Most, William) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
30

Ex Parte MOTION to Enroll Michelle Rutherford as Additional Attorney by All Plaintiffs. (Most, William) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER

MOTION(S) REFERRED: 30 Ex Parte MOTION to Enroll Michelle Rutherford as Additional Attorney . This motion is now pending before the USMJ. (SGO)

Oct. 3, 2017

Oct. 3, 2017

PACER

Motions Referred

Oct. 3, 2017

Oct. 3, 2017

PACER
31

ORDER granting 30 Ex Parte Motion to Enroll Michelle M. Rutherford as Additional Counsel of record for Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 10/3/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
32

ORDER granting in part and denying in part 27 Motion to Enlarge the time to Serve the Remaining Defendants. Plaintiffs have until October 31, 2017, to serve the remaining defendants. Signed by Magistrate Judge Erin Wilder-Doomes on 10/10/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
33

STIPULATION of Voluntary Dismissal of LSA Defendants by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage. (Most, William) Modified on 10/13/2017 to edit text. (EDC). Modified on 10/13/2017 to change event type. (EDC). (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
34

ORDER approving 33 Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), dismissing plaintiffs' claims without prejudice against Defendants: Mike Cazes, Chuck Hurst and The Louisiana Sheriffs Association. Signed by Judge John W. deGravelles on 10/13/2017. (KDC) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
35

MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF MOTION TO STRIKE by City of Baton Rouge, Carl Dabadie, Jr, Melvin Lee Holden, Parish of East Baton Rouge. (Attachments: # 1 Attachment Order, # 2 Proposed Pleading;)(Morris, Deelee) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
36

STRICKEN FROM THE RECORD Opposition to 26 MOTION to Dismiss and in the Alternative MOTION to Strike 5 First Amended Complaint filed by All Plaintiffs. (Most, William) Modified to edit the text on 10/20/2017 (KAH). Modified on 10/24/2017 to remove document as it has been stricken (LLH). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
37

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 36 Response. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KAH) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
38

MOTION for Leave to File Excess Pages and Strike Incorrect Pleading by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading;)(Most, William). Added MOTION to Strike on 10/23/2017 (KAH). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
39

ORDER granting 38 Motion for Leave to File Excess Pages Motion to Strike 36 Memorandum in Opposition. Signed by Judge John W. deGravelles on 10/23/2017. (LLH) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
40

MEMORANDUM in Opposition to 26 MOTION to Dismiss and in the Alternative MOTION to Strike 5 Amended Complaint, filed by Plaintiffs. (LLH) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
41

Consent MOTION to Enlarge the Time to Serve Remaining Defendants by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Draft Order)(Most, William) Modified to edit text on 10/31/2017 (BLR). (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER

Motions Referred

Oct. 30, 2017

Oct. 30, 2017

PACER

MOTION(S) REFERRED: 41 Consent MOTION for Extension of Time Serve Remaining Defendants. This motion is now pending before the USMJ. (LLH)

Oct. 30, 2017

Oct. 30, 2017

PACER
42

ORDER granting 41 Consent Motion to Enlarge the Time to Serve Defendants for good cause. The time to serve Defendants under Fed. R. Civ. P. 4(m) is enlarged and the Plaintiffs therefore have until December 15, 2017, to serve the remaining defendants. Signed by Magistrate Judge Erin Wilder-Doomes on 10/31/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
43

MOTION for Leave to File Reply Memorandum in Excess of Page Limit by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support Memo in Support of Motion for Leave, # 2 Proposed Pleading; Reply Memo in Support of Motion to Dismiss, # 3 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
44

ORDER granting 43 MOTION for Leave to File Reply Memorandum in Excess of Page Limit filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 11/07/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
45

REPLY Memorandum to 40 Memorandum in Opposition In Support of 26 MOTION to Dismiss and in the Alternative MOTION to Strike filed by AIX Group, Sid J. Gautreaux, III. (KAH) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
46

Request for a Scheduling Conference Date by All Plaintiffs. (Most, William) Modified on 11/8/2017 to edit text. (EDC). (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

RECAP

Motions Referred

Nov. 8, 2017

Nov. 8, 2017

PACER

MOTION(S) REFERRED: 46 MOTION for FRCP 16(b) Scheduling Conference Date. This motion is now pending before the USMJ. (EDC)

Nov. 8, 2017

Nov. 8, 2017

PACER
47

ORDER granting 35 MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF MOTION TO STRIKE filed by Parish of East Baton Rouge, Carl Dabadie, Jr., Melvin Lee Holden, City of Baton Rouge. Signed by Judge John W. deGravelles on 11/13/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
49

REPLY MEMORANDUM in Support of 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. filed by East Baton Rouge, Carl Dabadie, Jr., Melvin Lee Holden(City/Parish defendants) (ELW) (Entered: 11/14/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
48

ORDER: The 46 Request for a Scheduling Conference is DENIED without prejudice to re-urging after all defendants have made an appearance. Signed by Magistrate Judge Erin Wilder-Doomes on 11/14/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
50

MOTION for Leave to File Supplemental Brief in Opposition to Sheriff's Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Order)(Most, William) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
51

MOTION for Leave to File Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Order)(Most, William) (Attachment 2 replaced on 12/14/2017) (ELW). Modified on 12/14/2017 replaced as order by rec doc 56 (ELW). (Entered: 11/29/2017)

1 Memorandum in Support

View on RECAP

2 Proposed Pleading;

View on RECAP

3 Proposed Order

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER

MOTION(S) REFERRED: 51 MOTION for Leave to File Second Amended Complaint . This motion is now pending before the USMJ. (ELW)

Nov. 30, 2017

Nov. 30, 2017

PACER

Motions Referred

Nov. 30, 2017

Nov. 30, 2017

PACER
52

ORDER granting 50 MOTION for Leave to File Supplemental Brief in Opposition to Sheriff's 26 Motion to Dismiss. Signed by Judge John W. deGravelles on 11/30/2017. (LLH) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
53

SUPPLEMENTAL BRIEF in Opposition to 26 MOTION to Dismiss or in the Alternative MOTION to Strike 5 Amended Complaint, filed by All Plaintiffs. (LLH) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
54

MOTION to Strike and Replace 51 Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Draft Order)(Most, William) Modified to edit the text on 12/11/2017 (KAH). (Entered: 12/10/2017)

Dec. 10, 2017

Dec. 10, 2017

PACER

MOTION(S) REFERRED: 54 MOTION to Strike and Replace 51 Second Amended Complaint. This motion is now pending before the USMJ. (KAH)

Dec. 11, 2017

Dec. 11, 2017

PACER

Motions Referred

Dec. 11, 2017

Dec. 11, 2017

PACER
55

MOTION for Leave to File Supplemental Reply Memorandum by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Motion for Leave to File in Excess of Page Limit, # 2 Proposed Pleading; Supplemental Reply Memorandum, # 3 Proposed Pleading; Proposed Order re Motion for Leave to file Supplemental Reply, # 4 Proposed Pleading; Proposed Order re Motion for Leave to File in Excess of Page Limitation)(St. Pierre, Catherine) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
56

ORDER granting 54 MOTION to Strike and Replace Second Amended Complaint (R. Doc. 51-2). The clerk's office is directed to replace R. Doc. 51-2 with 54-2. Signed by Magistrate Judge Erin Wilder-Doomes on 12/13/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
57

ORDER: Plaintiff's 51 Motion for Leave of Court to File Second Amended Complaint, to which no opposition has been timely filed, is GRANTED. The clerk's office is instructed to file the Second Amended Complaint (R. Doc. 51-2) into the record, which will become the operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 1/2/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
58

NOTICE of Hearing: Status Conference set for 1/10/2018 at 11:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
59

SECOND AMENDED COMPLAINT against AIX Group, William Alexander, Alex Bell, Kenny Brewer, Kevin Cannatella, Samuel Capaci, City of Baton Rouge, John Clary, Beau Comeaux, Kevin Curlee, Carl Dabadie, Jr., Mark Dennis, Joe Dessens, Jason Dohm, Jonny Dunnam, Michael Edmonson, Sid J. Gautreaux, III, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Insurance Company Does 1-100, Jonathan James, Earnest Jones, Earl Lapeyrouse, Unknown Lapeyrouse, Law Inforcement Does 1-500, Louisiana State Police, Alaina Mancuso, Richard McCloskey, Herman Newell, Travis Norman, Officer Does 1-500, Parish of East Baton Rouge, Jeff Pittman, Kevin Reeves, William Seymour, Reab Simoneaux, Jr., James Thomas, Unknown Thomas, Gerald Varnado, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson, filed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad, Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols, Tammy Cheney, Jonathan Abadie.(LLH) Modified on 11/19/2019 to replace as per rec doc 190 (KAH). (Entered: 01/04/2018)

Jan. 2, 2018

Jan. 2, 2018

Clearinghouse
60

WAIVER OF SERVICE Returned Executed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad, Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols. Jonathan Abadie waiver sent on 12/10/2017, answer due 2/8/2018; William Alexander waiver sent on 12/10/2017, answer due 2/8/2018; Alex Bell waiver sent on 12/10/2017, answer due 2/8/2018; Kenny Brewer waiver sent on 12/10/2017, answer due 2/8/2018; Kevin Cannatella waiver sent on 12/10/2017, answer due 2/8/2018; City of Baton Rouge waiver sent on 7/13/2017, answer due 9/11/2017; John Clary waiver sent on 12/10/2017, answer due 2/8/2018; Beau Comeaux waiver sent on 10/17/2017, answer due 12/16/2017; Kevin Curlee waiver sent on 12/10/2017, answer due 2/8/2018; Carl Dabadie, Jr waiver sent on 7/13/2017, answer due 9/11/2017; Mark Dennis waiver sent on 12/10/2017, answer due 2/8/2018; Joe Dessens waiver sent on 12/10/2017, answer due 2/8/2018; Jason Dohm waiver sent on 12/10/2017, answer due 2/8/2018; Michael Edmonson waiver sent on 7/13/2017, answer due 9/11/2017; Taylor Giroir waiver sent on 12/10/2017, answer due 2/8/2018; Kirk Glover waiver sent on 12/10/2017, answer due 2/8/2018; Melvin Lee Holden waiver sent on 7/13/2017, answer due 9/11/2017; Darren Hunt waiver sent on 12/10/2017, answer due 2/8/2018; Jonathan James waiver sent on 12/10/2017, answer due 2/8/2018; Earnest Jones waiver sent on 12/10/2017, answer due 2/8/2018; Earl Lapeyrouse waiver sent on 12/10/2017, answer due 2/8/2018; Alaina Mancuso waiver sent on 12/10/2017, answer due 2/8/2018; Richard McCloskey waiver sent on 12/10/2017, answer due 2/8/2018; Travis Norman waiver sent on 12/10/2017, answer due 2/8/2018; Jeff Pittman waiver sent on 12/10/2017, answer due 2/8/2018; Kevin Reeves waiver sent on 7/13/2017, answer due 9/11/2017; William Seymour waiver sent on 10/17/2017, answer due 12/16/2017; Reab Simoneaux, Jr. waiver sent on 12/10/2017, answer due 2/8/2018; James Thomas waiver sent on 12/10/2017, answer due 2/8/2018; Gerald Varnado waiver sent on 12/10/2017, answer due 2/8/2018; Billy Walker waiver sent on 12/10/2017, answer due 2/8/2018; Derrick Williams waiver sent on 12/10/2017, answer due 2/8/2018; Willie Williams waiver sent on 12/10/2017, answer due 2/8/2018; Keith Wilson waiver sent on 12/10/2017, answer due 2/8/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Most, William) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
61

Minute Entry/Conference Report and ORDER for proceedings held before Magistrate Judge Erin Wilder-Doomes: Status Conference held on 1/10/2018. Counsel for the parties discussed the pending cases and preliminary issues with respect to each case. The parties also discussed possible consolidation of these matters for purposes of discovery and/or pretrial procedures. The parties discussed the possibility of settlement of any or all of these matters All responsive pleadings on behalf of all defendants who were served or for whom service has been waived shall be filed by no later than 1/24/2018. The court will issue a supplemental Notice and Order shortly setting out instructions for filing revised Motions to Dismiss based on qualified immunity and the current operative complaints. A in person Status Conference set for 2/5/2018 at 10:30 AM in Courtroom 5. The 43, 54 Motions for Rule 16 Scheduling conference in 17-CV-323 and 17-CV-324 are DENIED. The undersigned will set scheduling conferences in all matters at a later date to be determined by the Court. (LLH) (Entered: 01/11/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
62

MOTION to Withdraw 26 MOTION to Dismiss MOTION to Strike 5 Amended Complaint, by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
63

MOTION to Withdraw 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Attachment Order)(Morris, Deelee) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
64

MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
65

ORDER granting 62 Motion to Withdraw 26 MOTION to Dismiss. Signed by Judge John W. deGravelles on 1/12/2018. (KAH) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
66

ORDER granting 63 Motion to Withdraw City/Parish Defendants' Motion to Strike Plaintiffs' Complaint, First Amended Complaint Under Rule 12(f), Fed.R.Civ.P. Signed by Judge John W. deGravelles on 1/12/2018. (SGO) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
67

ORDER denying as moot 55 MOTION for Leave to File Supplemental Reply Memorandum filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 01/17/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
69

MOTION to Dismiss by Louisiana State Police, Kevin Reeves. (Attachments: # 1 Memorandum in Support)(Brustowicz, Celeste) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

RECAP
68

MOTION to Strike 59 Amended Complaint by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit B from Original Complaint)(Brustowicz, Celeste) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
70

STRICKEN FROM THE RECORD MEMORANDUM in Opposition to 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. filed by All Plaintiffs. (Most, William) Modified on 1/24/2018 to remove document as it has been stricken (LLH). (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
71

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 70 Memorandum in Opposition to Motion. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (LLH) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
72

NOTICE of Briefing Schedule on 68 MOTION to Strike 59 Amended Complaint,,,, : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
73

NOTICE of Briefing Schedule on 69 MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
74

MOTION to Strike 70 Memorandum in Opposition to Motion and File Memorandum in Excess of Page Limit by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Proposed Pleading), # 3 Draft Order)(Most, William) Modified on 1/24/2018 to edit text (LLH). (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
75

MOTION to Dismiss for Failure to State a Claim by Michael Edmonson. (Attachments: # 1 Memorandum in Support)(Brustowicz, Celeste) (Entered: 01/24/2018)

1 Memorandum in Support

View on PACER

Jan. 24, 2018

Jan. 24, 2018

RECAP

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 9, 2017

Closing Date: April 16, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are thirteen protesters and two reporters arrested and jailed during a police frenzy at the July 2017 Alton Sterling protest, even though they continuously complied with police orders.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Baton Rouge, City

Parish of East Baton Rouge, City

Louisiana State Police, State

AIX Group, Private Entity/Person

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1,170,000

Issues

General:

Aggressive behavior

Over/Unlawful Detention

Pattern or Practice

Restraints : physical

Policing:

Excessive force

False arrest

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation