Allen v. Howard et al
Plaintiff: Brian M. Allen
Defendant: Valery Howard, Department of Children and Family Support State of Louisiana, Child Support Enforcement and Jefferson Parish District Attorney
Movant: United States of America
Case Number: 2:2013cv00233
Filed: February 7, 2013
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Orleans
Presiding Judge: Carl Barbier
Presiding Judge: Michael North
Nature of Suit: Other Fraud
Cause of Action: 31:3729
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 5, 2014 Opinion or Order Filing 68 ORDER & REASONS re 27 Motion to Dismiss for Failure to State a Claim. It is ORDERED that Plaintiff's remaining claims against JPDA and Valery Howard that are based on a violation of his Sixth and Fourteenth Amendment rights to counsel are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier. (gec)
May 21, 2014 Opinion or Order Filing 61 ORDER & REASONS: ORDERED that DCFS's Motion to Dismiss is GRANTED. Plaintiff's claims against the State of Louisiana through the Department of Children and Family Services are DISMISSED WITH PREJUDICE. FURTHER ORDERED that JPDA's Motio n to Dismiss is GRANTED IN PART. FURTHER ORDERED that Plaintiff's claims against JPDA and Valery Howard under the False Claims Act and under 42 U.S.C. 2000d et seq. are DISMISSED WITH PREJUDICE. FURTHER ORDERED that Plaintiff's claims agai nst JPDA and Valery Howard under 42 U.S.C. 1983 that are predicated on violations of the Fourteenth Amendment's Equal Protection Clause and Substantive Due Process Clause, the Fourth Amendment, or the Thirteenth Amendment are DISMISSED WITH PREJ UDICE. FURTHER ORDERED that Plaintiff's claims against JPDA and Valery Howard under 42 U.S.C. 1983 that are predicated on violations of the Sixth and/or Fourteenth Amendment Right to Counsel are taken under advisement pending further briefing from the parties. (Rec. Doc. 57). Signed by Judge Carl Barbier on 5/21/14.(sek)
April 3, 2014 Opinion or Order Filing 26 ORDER & REASONS: granting 16 Defendant Judge Ann Keller's Motion to Dismiss; ORDERED that Plaintiff's 42 U.S.C. 1983 claim against Defendant Judge Ann Keller in her official capacity is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that Plaintiff's 42 U.S.C. 1983 claim against Defendant Judge Ann Keller in her individual capacity is DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 4/3/14. (sek)
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Plaintiff: Brian M. Allen
Represented By: Kenneth Michael Plaisance
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Defendant: Valery Howard
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Defendant: Department of Children and Family Support State of Louisiana
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Defendant: Child Support Enforcement
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Defendant: Jefferson Parish District Attorney
Represented By: John Donellan Fitzmorris, Jr.
Represented By: Timothy P. O'Rourke
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Movant: United States of America
Represented By: Sharon Denise Smith
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