Case: Humphrey v. LeBlanc

3:20-cv-00233 | U.S. District Court for the Middle District of Louisiana

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This entry includes two putative class action lawsuits challenging Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences. In Humphrey v. LeBlanc, on April 15, 2020, three former prisoners filed a putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by the civil rights firm Loevy & Loevy, local counsel, and the Promise of Justice Initiative, a public interest group, the…

This entry includes two putative class action lawsuits challenging Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences.

In Humphrey v. LeBlanc, on April 15, 2020, three former prisoners filed a putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by the civil rights firm Loevy & Loevy, local counsel, and the Promise of Justice Initiative, a public interest group, the plaintiffs sued the Secretary of the Louisiana Department of Public Safety and Corrections (DOC), under 42 U.S.C. § 1983 and Louisiana state law. The plaintiffs sought compensatory and punitive damages for their alleged over-detentions.

All three named plaintiffs received sentences that were already complete upon sentencing due to the time they had already served prior to conviction. However, all three were held in DOC custody for weeks after their sentencing due to slow processing. Plaintiffs alleged that this constituted an illegal depravation of freedom under the 14th Amendment's due process clause. Moreover, plaintiffs alleged that the DOC has subjected "thousands" of criminal defendants in like situations to similar unlawful imprisonments and that the department's Secretary was "deliberately indifferent" to these alleged violations.

The case was assigned to U.S. District Judge John Wheadon deGravelles, sitting in Baton Rouge, LA. 

On December 3, 2020, seemingly prompted by this lawsuit, the U.S. Department of Justice launched an investigation under the Civil Rights of Institutionalized Persons Act into Louisiana's prisoner release practices.

After various discovery disputes, the plaintiffs filed their motion to certify class on July 21, 2022. The proposed class was: “all persons who have been remanded to the custody of the DOC since April 16, 2019, and who were entitled to release at the time of their remand (either pursuant to sentencing or parole revocation), but who were released by the DOC more than 48 hours past the time that they were remanded to the DOC’s custody.”

On January 25, 2023, the Department of Justice issued its report, finding that from January 2022 to April 2022, 27 percent of the people who were legally entitled to be released from state custody, some for minor crimes or first-time offenses, were held past their release dates. About 24 percent of those improperly detained had been held 90 days or longer past their release dates. The Department of Justice found that these violations of people’s due process rights were “severe, systemic, and [were] both caused and perpetuated by serious ongoing deficiencies in LDOC’s policies and practices.”

On February 28, 2023, the parties met with the Court for a status conference regarding the DOJ report, but the parties declined to hold a settlement conference. The parties continued to engage in discovery. 

Giroir v. LeBlanc was a similar putative class action lawsuit filed on February 19, 2021 in the U.S. District Court in the Middle District of Louisiana by one of the plaintiffs in Humphrey, represented by the same counsel. The Giroir plaintiff raised the same claims as the Humphrey plaintiffs, but sought declaratory and injunctive relief instead of monetary relief. Giroir was also assigned to Judge deGravelles. On May 5, 2021, Judge deGravelles agreed to consolidate the two cases (Humphrey v. LeBlanc and Giroir v. LeBlanc) for discovery purposes only. 

The defendants in Giroir moved to dismiss on April 9, 2021. The court ruled on the motion on March 30 of the following year, granting it in part and denying it in part. The court dismissed any claims from proposed class members sentenced prior to February 17, 2020 because they were barred by the statute of limitations. However, the court denied the motion to dismiss the claim for injunctive relief because the plaintiff had alleged enough facts to support that claim. 2022 WL 969614.

As of December 25, 2023, the cases were ongoing, with motions to certify the class pending in both.

Summary Authors

Sean Drohan (6/1/2021)

Venesa Haska (12/18/2023)

Related Cases

CRIPA Investigation of Louisiana Department of Public Safety and Corrections, No Court (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17072951/parties/humphrey-v-leblanc/


Judge(s)
Attorney for Plaintiff

Allen, Michael (Louisiana)

Bosalavage, Samantha Nicole (Louisiana)

Chervinsky, Sarah (Louisiana)

Comeau, Claude-Michael (Louisiana)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:20-cv-00233

3:21-cv-00108

Docket [PACER]

May 17, 2021

May 17, 2021

Docket
1

3:20-cv-00233

Class Action Complaint

Humphrey v. Leblanc

April 15, 2020

April 15, 2020

Complaint
11

3:20-cv-00233

Amended Class Action Complaint

May 15, 2020

May 15, 2020

Complaint
1

3:21-cv-00108

Class Action Complaint

Giroir v. LeBlanc

Feb. 19, 2021

Feb. 19, 2021

Complaint
43

3:20-cv-00233

Second Amended Class Action Complaint

Humphrey v. Leblanc

April 29, 2021

April 29, 2021

Complaint
45

3:21-cv-00108

Ruling And Order

Giroir v. LeBlanc

March 30, 2022

March 30, 2022

Order/Opinion

2022 WL 969614

46

3:21-cv-00108

Amended Class Action Complaint

Giroir v. LeBlanc

April 27, 2022

April 27, 2022

Complaint
104

3:20-cv-00233

Plaintiffs' Motion for Class Certification

July 21, 2022

July 21, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17072951/humphrey-v-leblanc/

Last updated July 29, 2026, 6:51 a.m.

ECF Number Date Description Link
1 April 15, 2020

COMPLAINT against James M LeBlanc ( Filing fee $ 400 receipt number ALAMDC-2101906.), filed by Brian Humphrey. (Attachments: # 1 Attachment Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Attachment Summons)(Montagnes, Mercedes) (Attachments 1 & 19 replaced on 4/16/2020) (EDC). (EDC). Modified on 4/16/2020 to flatten pages. (EDC). (Attachments 8 & 9 replaced on 4/16/2020) (EDC). Modified on 4/16/2020 in accordance with record document 5.(EDC). (Attachment 8 replaced on 4/17/2020 in accordance with RD 5) (SWE). (Entered: 04/15/2020)

1 Attachment Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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6 Exhibit 5

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7 Exhibit 6

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Attachment Summons

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Clearinghouse
April 16, 2020

MOTION(S) REFERRED: 2 MOTION to Substitute Exhibit . This motion is now pending before the USMJ. (EDC) (Entered: 04/16/2020)

PACER
2 April 16, 2020

MOTION to Substitute Exhibit by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment)(Montagnes, Mercedes) (Entered: 04/16/2020)

1 Proposed Pleading;

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2 Attachment

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RECAP
3 April 16, 2020

Letter to Attorney Mercedes Montagnes regarding Sarah Chervinsky who is Co-Counsel for party Brian Humphrey. Attorney is not admitted to practice in LAMD. (EDC) (Entered: 04/16/2020)

RECAP
4 April 16, 2020

Summons Issued as to James LeBlanc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 04/16/2020)

RECAP
5 April 16, 2020

ORDER granting 2 MOTION to Substitute Exhibit. The Clerk's office is directed to substitute Rec Doc 1-8 with 2-1. Signed by Magistrate Judge Scott D. Johnson on 4/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 04/16/2020)

RECAP
April 16, 2020

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

April 16, 2020

MOTION(S) REFERRED: 2 MOTION to Substitute Exhibit . This motion is now pending before the USMJ. (EDC)

6 April 22, 2020

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 6/25/2020 at 09:30 AM in chambers before Magistrate Judge Scott D. Johnson. Status Report due by 6/11/2020. Signed by Magistrate Judge Scott D. Johnson on 4/22/2020. (KAH) (Entered: 04/22/2020)

RECAP
May 8, 2020

MOTION(S) REFERRED: 8 MOTION for Michael Kanovitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110968), 9 MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110969), 7 MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110967). This motion is now pending before the USMJ. (LT) (Entered: 05/08/2020)

PACER
7 May 8, 2020

MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110967) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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RECAP
8 May 8, 2020

MOTION for Michael Kanovitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110968) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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RECAP
9 May 8, 2020

MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110969) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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RECAP
May 8, 2020

MOTION(S) REFERRED: 8 MOTION for Michael Kanovitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110968), 9 MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110969), 7 MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110967). This motion is now pending before the USMJ. (LT)

10 May 12, 2020

SUMMONS Returned Executed by Brian Humphrey. James LeBlanc served on 4/28/2020, answer due 5/19/2020. (Kumar, Nishi) (Entered: 05/12/2020)

RECAP
11 May 15, 2020

AMENDED COMPLAINT against James LeBlanc, filed by Brian Humphrey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Attachment Summons)(Kumar, Nishi) (Entered: 05/15/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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11 Exhibit 11

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Attachment Summons

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Clearinghouse
12 May 18, 2020

Summons Issued as to James LeBlanc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 05/18/2020)

RECAP
13 May 19, 2020

ORDER granting 7, 8 and 9 Motions for Sarah Grady, Michael Kanovitz and Stephen Weil to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 5/19/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/19/2020)

RECAP
May 19, 2020

Order on Motion to Appear Pro Hac Vice

May 21, 2020

MOTION(S) REFERRED: 14 Ex Parte MOTION for Extension of Time to File Answer to 11 Amended Complaint, 1 Complaint,,, . This motion is now pending before the USMJ. (EDC) (Entered: 05/21/2020)

PACER
14 May 21, 2020

Ex Parte MOTION for Extension of Time to File Answer to 11 Amended Complaint, 1 Complaint,,, by James LeBlanc. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 05/21/2020)

1 Attachment Proposed Order

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RECAP
May 21, 2020

MOTION(S) REFERRED: 14 Ex Parte MOTION for Extension of Time to File Answer to 11 Amended Complaint, 1 Complaint,,, . This motion is now pending before the USMJ. (EDC)

15 May 28, 2020

ORDER: Defendant's 14 Ex Parte Motion for Extension of Time is GRANTED. Defendant now has until June 9, 2020 to respond to Plaintiff's Complaint. Signed by Magistrate Judge Scott D. Johnson on 5/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/28/2020)

RECAP
May 28, 2020

Order on Motion for Extension of Time to Answer

16 June 4, 2020

SUMMONS Returned Executed by Brian Humphrey. James LeBlanc served on 5/22/2020, answer due 6/12/2020. (Kumar, Nishi) (Main Document 16 replaced on 6/4/2020) (EDC). Modified on 6/4/2020 to rotate pages.(EDC). (Entered: 06/04/2020)

RECAP
17 June 9, 2020

ANSWER to 11 Amended Complaint, by James LeBlanc.(Blanchfield, Andrew) (Entered: 06/09/2020)

RECAP
18 June 11, 2020

Joint STATUS REPORT by Brian Humphrey. (Grady, Sarah) (Entered: 06/11/2020)

RECAP
19 June 15, 2020

MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2127852) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 06/15/2020)

RECAP
June 16, 2020

MOTION(S) REFERRED: 19 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2127852). This motion is now pending before the USMJ. (KMW) (Entered: 06/16/2020)

PACER
June 16, 2020

MOTION(S) REFERRED: 19 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2127852). This motion is now pending before the USMJ. (KMW)

20 June 18, 2020

NOTICE to Counsel: The Scheduling Conference set for 6/25/2020 at 09:30 AM is hereby CONVERTED to a Telephone Conference for 6/25/2020 at 09:30 AM. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) (Entered: 06/18/2020)

RECAP
21 June 18, 2020

ORDER granting 19 Motion for Rebecca Ramaswamy to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/18/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/18/2020)

RECAP
June 18, 2020

1 - Terminate Deadlines and Hearings

June 18, 2020

Order on Motion to Appear Pro Hac Vice

22 June 25, 2020

Minute Entry for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 6/25/2020. Parties discussed the status of this matter and a scheduling order will be issued separately. (LT) (Entered: 06/25/2020)

RECAP
23 June 26, 2020

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/15/2021. F.R.C.P. 26(a)(1) disclosures due by 6/18/2020. Discovery due by 3/26/2021. Plaintiff`s Expert Witness List due by 2/15/2021. Defendant`s Expert Witness List due by 3/15/2021. Plaintiff`s Expert Reports due by 4/1/2021. Defendant`s Expert Reports due by 5/1/2021. Plaintiffs shall file a Motion for Conditional Class Certification of Collective Action and for Notice to Prospective Class Members by 7/15/2021. Opposition due by Defendant by 8/15/2021. Reply due by Plaintiff by 8/30/2021. Discovery from Experts due by 6/15/2021. Signed by Magistrate Judge Scott D. Johnson on 6/26/2020. (EDC) (Entered: 06/26/2020)

RECAP
24 July 6, 2020

MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2137700) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 07/06/2020)

RECAP
July 7, 2020

MOTION(S) REFERRED: 24 MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2137700). This motion is now pending before the USMJ. (LT) (Entered: 07/07/2020)

PACER
25 July 7, 2020

ORDER granting 24 Motion for John Hazinski to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 7/7/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/07/2020)

RECAP
July 7, 2020

MOTION(S) REFERRED: 24 MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2137700). This motion is now pending before the USMJ. (LT)

July 7, 2020

Order on Motion to Appear Pro Hac Vice

26 July 13, 2020

Ex Parte MOTION to Enroll Sarah Chervinksy as Additional Attorney by Brian Humphrey. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 07/13/2020)

RECAP
July 14, 2020

MOTION(S) REFERRED: 26 Ex Parte MOTION to Enroll Sarah Chervinksy as Additional Attorney . This motion is now pending before the USMJ. (KMW) (Entered: 07/14/2020)

PACER
27 July 14, 2020

ORDER granting 26 Ex Parte Motion to Enroll as Additional Counsel of Record. Added attorney Sarah Chervinsky for Brian Humphrey. Signed by Magistrate Judge Scott D. Johnson on 7/14/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/14/2020)

RECAP
July 14, 2020

MOTION(S) REFERRED: 26 Ex Parte MOTION to Enroll Sarah Chervinksy as Additional Attorney . This motion is now pending before the USMJ. (KMW)

July 14, 2020

Order on Motion to Enroll Additional Attorney

July 23, 2020

MOTION(S) REFERRED: 28 MOTION for Extension of Time To Respond to Plaintiff's First Set of Requests for Production of Documents. This motion is now pending before the USMJ. (KMW) (Entered: 07/23/2020)

PACER
28 July 23, 2020

STRICKEN FROM THE RECORD MOTION for Extension of Time To Respond to Plaintiff's First Set of Requests for Production of Documents by James LeBlanc. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit A - Plaintiff's 1st Set of Requests for Production, # 3 Exhibit B - Email from counsel)(Blanchfield, Andrew) Modified on 8/19/2020 STRICKEN AS ORDERED (ELW). (Entered: 07/23/2020)

RECAP
July 23, 2020

MOTION(S) REFERRED: 28 MOTION for Extension of Time To Respond to Plaintiff's First Set of Requests for Production of Documents. This motion is now pending before the USMJ. (KMW)

29 Aug. 3, 2020

NOTICE of TELEPHONE CONFERENCE: A Telephone Conference is set for 8/7/2020 at 10:00 AM before Magistrate Judge Scott D. Johnson to discuss Defendant's pending Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents (R. Doc. 28). Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 08/03/2020)

RECAP
Aug. 6, 2020

MOTION(S) REFERRED: 30 Unopposed MOTION to Dismiss Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents . This motion is now pending before the USMJ. (SWE) (Entered: 08/06/2020)

PACER
Aug. 6, 2020

Terminate Hearings (ELW) (Entered: 08/06/2020)

PACER
30 Aug. 6, 2020

Unopposed MOTION to Dismiss Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents by James LeBlanc. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 08/06/2020)

RECAP
31 Aug. 6, 2020

ORDER: Defendants Motion to Dismiss 30 is GRANTED. The Clerk of Court is instructed to strike Defendants Motion for Extension of Time to Respond to Plaintiffs First Set of Requests for Production of Documents 28 from the record. The teleconference scheduled before this Court on August 7, 2020, is hereby canceled. Signed by Magistrate Judge Scott D. Johnson on 8/6/2020. (ELW) (Entered: 08/06/2020)

RECAP
Aug. 6, 2020

MOTION(S) REFERRED: 30 Unopposed MOTION to Dismiss Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents. This motion is now pending before the USMJ. (SWE)

Aug. 6, 2020

Terminate Hearings (ELW)

Oct. 13, 2020

MOTION(S) REFERRED: 32 Unopposed MOTION for Entry of Stipulated Protective Order with Consent . This motion is now pending before the USMJ. (SWE) (Entered: 10/13/2020)

PACER
32 Oct. 13, 2020

Unopposed MOTION for Entry of Stipulated Protective Order with Consent by James LeBlanc. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Stipulated Protective Order)(Jones, Christopher) (Entered: 10/13/2020)

RECAP
Oct. 13, 2020

MOTION(S) REFERRED: 32 Unopposed MOTION for Entry of Stipulated Protective Order with Consent . This motion is now pending before the USMJ. (SWE)

33 Nov. 2, 2020

ORDER granting 32 Unopposed Motion for Entry of Stipulated Protective Order With Consent. Signed by Magistrate Judge Scott D. Johnson on 11/2/2020. (KAH) (Entered: 11/02/2020)

RECAP
Jan. 15, 2021

MOTION(S) REFERRED: 34 Consent MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (ELW) (Entered: 01/15/2021)

PACER
34 Jan. 15, 2021

Consent MOTION for Extension of Discovery Deadlines by Brian Humphrey. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 01/15/2021)

RECAP
Jan. 15, 2021

MOTION(S) REFERRED: 34 Consent MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (ELW)

35 Jan. 20, 2021

ORDER granting 34 Unopposed Motion for Enlargement of Case Schedule. Amended Pleadings due by 4/15/2021. Discovery pertaining to issue of conditional class certification due by 6/25/2021. Plaintiff`s Expert Witness List due by 5/14/2021. Defendant`s Expert Witness List due by 6/15/2021. Plaintiff`s Expert Reports due by 7/1/2021. Defendant`s Expert Reports due by 8/2/2021. Discovery from Experts due by 9/15/2021. Motions for Conditional Class Certification of Collective Action and for Notice to Prospective Class Members shall be filed by 10/15/2021. Responses to Motion for Conditional Class Certification shall be filed by 11/15/2021. Reply shall be filed by 11/30/2021. Signed by Magistrate Judge Scott D. Johnson on 1/19/2021. (SWE) (Entered: 01/20/2021)

RECAP
1 Feb. 19, 2021

COMPLAINT against Department of Public Safety & Corrections, James LeBlanc ( Filing fee $ 402 receipt number ALAMDC-2250061.), filed by Joel Giroir. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Exhibit LeBlanc Dep., # 3 Exhibit DOC Grant App, # 4 Exhibit Giroir Decl, # 5 Exhibit Griffin Dep., # 6 Exhibit Gueho Dep., # 7 Exhibit Lean Six Sigma, # 8 Exhibit Ellis Dep., # 9 Exhibit Whittaker Dep., # 10 Exhibit Feb. 19 Pull Doc., # 11 Exhibit LeBlanc Emails, # 12 Attachment LeBlanc Summons, # 13 Attachment DOC Summons)(Ramaswamy, Rebecca) (Attachments 1, 12 and 13 replaced on 2/19/2021 to flatten the documents) (KMW). (Entered: 02/19/2021)

RECAP
2 Feb. 19, 2021

Summons Issued as to James LeBlanc, Louisiana Department of Public Safety & Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 02/19/2021)

RECAP
36 Feb. 22, 2021

MOTION to Compel Production of CAJUN Data by Brian Humphrey. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Hazinski, John) ( # 9 Exhibit) (LLH). Modified on 7/27/2021 to add additional exhibit as per Order #54 (LLH). (Entered: 02/22/2021)

1 Memorandum in Support

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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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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit

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RECAP
Feb. 23, 2021

MOTION(S) REFERRED: 36 MOTION to Compel Production of CAJUN Data . This motion is now pending before the USMJ. (SWE) (Entered: 02/23/2021)

PACER
Feb. 23, 2021

MOTION(S) REFERRED: 36 MOTION to Compel Production of CAJUN Data. This motion is now pending before the USMJ. (SWE)

7 March 5, 2021

RESPONSE to 6 MOTION to Continue /Extend Class Certification Briefing Deadlines filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 03/05/2021)

RECAP
March 5, 2021

MOTION(S) REFERRED: 5 Unopposed MOTION for Extension of Time to File Answer to 1 Complaint,, . This motion is now pending before the USMJ. (ELW)

9 March 8, 2021

SUMMONS Returned Executed by Joel Giroir. All Defendants. (Kumar, Nishi) (Entered: 03/08/2021)

RECAP
10 March 12, 2021

MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259870) by Joel Giroir. (Attachments: # 1 Attachment Grady Declaration, # 2 Attachment IL Admission, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)

RECAP
11 March 12, 2021

MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259877) by Joel Giroir. (Attachments: # 1 Attachment Weil Declaration, # 2 Attachment IL Certificate, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)

RECAP
12 March 12, 2021

MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259878) by Joel Giroir. (Attachments: # 1 Attachment Hazinski Declaration, # 2 Attachment IL Certificate, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)

RECAP
March 12, 2021

MOTION(S) REFERRED: 10 MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259870). This motion is now pending before the USMJ. (SWE)

March 12, 2021

MOTION(S) REFERRED: 11 MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259877). This motion is now pending before the USMJ. (SWE)

March 12, 2021

MOTION(S) REFERRED: 12 MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259878). This motion is now pending before the USMJ. (SWE)

37 March 15, 2021

MEMORANDUM in Opposition to 36 MOTION to Compel Production of CAJUN Data filed by James LeBlanc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 2, # 4 Exhibit 2-A)(Blanchfield, Andrew) (Entered: 03/15/2021)

1 Exhibit 1

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2 Exhibit 1-A

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3 Exhibit 2

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4 Exhibit 2-A

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RECAP
38 March 22, 2021

Unopposed MOTION for Leave to File a Reply Brief in Support of Motion to Compel the Production of CAJUN Data by Brian Humphrey. (Attachments: # 1 Exhibit A. Reply Brief)(Hazinski, John) (Entered: 03/22/2021)

RECAP
March 23, 2021

MOTION(S) REFERRED: 38 Unopposed MOTION for Leave to File a Reply Brief in Support of Motion to Compel the Production of CAJUN Data . This motion is now pending before the USMJ. (EDC) (Entered: 03/23/2021)

PACER
39 March 23, 2021

ORDER granting 38 Unopposed Motion for Leave to File a Reply Brief. The Clerk of Court will file Plaintiff's Reply Brief in Support of Motion to Compel the Production of CAJUN Data (R. Doc. 38-1, pages 2-8) into the record. Signed by Magistrate Judge Scott D. Johnson on 3/23/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 03/23/2021)

RECAP
40 March 23, 2021

REPLY Brief in Support of 36 MOTION to Compel Production of CAJUN Data filed by Brian Humphrey. (EDC) (Entered: 03/24/2021)

RECAP
March 23, 2021

MOTION(S) REFERRED: 38 Unopposed MOTION for Leave to File a Reply Brief in Support of Motion to Compel the Production of CAJUN Data . This motion is now pending before the USMJ. (EDC)

March 23, 2021

Order on Motion for Leave to File

14 March 30, 2021

MOTION to Enjoin and MOTION to Amend 1 Complaint by Preston G. Demouchette, Jr. (Attachments: # 1 Attachment)(KMW) (Additional attachment(s) added on 4/1/2021: # 2 summons) (KMW). (Entered: 04/01/2021)

RECAP
April 1, 2021

MOTION(S) REFERRED: 14 MOTION to Enjoin and MOTION to Amend 1 Complaint, 15 MOTION to Proceed In Forma Pauperis with Statement of Account. This motion is now pending before the USMJ. (KMW)

16 April 9, 2021

ORDER denying 14 Motion to Join an Indispensable Party and Amend the Complaint and 15 Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Scott D. Johnson on 4/8/2021. (SWE) (Entered: 04/09/2021)

RECAP
17 April 9, 2021

MOTION to Dismiss Pursuant to Rule 12(B)(6) by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Attachment Proposed Order)(Blanchfield, Andrew) Modified on 4/9/2021 to edit the docket text (SWE). (Entered: 04/09/2021)

RECAP
41 April 15, 2021

Unopposed MOTION for Extension of Time Join Other Parties or to Amend Complaint (Unopposed) by Brian Humphrey. (Attachments: # 1 Exhibit 1)(Weil, Stephen) (Entered: 04/15/2021)

RECAP
April 16, 2021

MOTION(S) REFERRED: 41 Unopposed MOTION for Extension of Time Join Other Parties or to Amend Complaint (Unopposed). This motion is now pending before the USMJ. (EDC) (Entered: 04/16/2021)

PACER
April 16, 2021

MOTION(S) REFERRED: 41 Unopposed MOTION for Extension of Time Join Other Parties or to Amend Complaint (Unopposed). This motion is now pending before the USMJ. (EDC)

42 April 19, 2021

ORDER: Plaintiff's 41 Unopposed Motion for Extension of Time to Join Other Parties or to Amend Complaint is GRANTED. For good cause shown, the deadline to join other parties or amend the pleadings is now April 29, 2021. Signed by Magistrate Judge Scott D. Johnson on 4/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 04/19/2021)

RECAP
April 19, 2021

Order on Motion for Extension of Time

43 April 29, 2021

SECOND AMENDED CLASS COMPLAINT against James LeBlanc, filed by Brian Humphrey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Weil, Stephen) Modified on 4/30/2021 to edit docket text (SWE). (Entered: 04/29/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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Clearinghouse
22 May 3, 2021

Joint MOTION to Consolidate Case with 20-233 for the Purposes of Discovery by Joel Giroir. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 05/03/2021)

RECAP
23 May 5, 2021

ORDER granting 22 Motion to Consolidate Cases for the Purposes of Discovery. Class Certification discovery for Giroir will be completed by 8/17/2021. Plaintiffs' motion for class certification in Giroir will be due by 9/3/2021. Defendants' response will be due by 10/1/2021 and Plaintiffs' reply will be due by 10/10/2021. Lead Case Number: 20-233. Member Case Number(s): 21-108. Signed by Judge John W. deGravelles on 5/4/2021. (SWE) (Entered: 05/05/2021)

RECAP
24 May 12, 2021

REPLY MEMORANDUM in Support to 17 MOTION to Dismiss Pursuant to Rule 12(B)(6) filed by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Blanchfield, Andrew) Modified on 5/12/2021 to edit text (ELW). (Entered: 05/12/2021)

RECAP
44 May 12, 2021

ANSWER to 43 Second Amended Complaint,, by James LeBlanc.(Blanchfield, Andrew) Modified on 5/12/2021 to edit text (LLH). (Entered: 05/12/2021)

RECAP
45 May 14, 2021

Unopposed MOTION for Extension of Time to Identify Experts by All Plaintiffs. (Weil, Stephen) Modified on 5/17/2021 to edit the docket text (KMW). (Entered: 05/14/2021)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons remanded to Louisiana DOC's custody who were entitled to immediate release but were not for more than 48 hours.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Louisiana Department of Public Safety & Corrections

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Other Dockets:

Middle District of Louisiana 3:20-cv-00233

Middle District of Louisiana 3:21-cv-00108

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation