Lewis et al v. Cain et al
| Otto Barrera, Clyde Carter, Ricky D. Davis, Cedric Evans, Reginald George, Edward Giovanni, Joseph Lewis, Jr., Kentrell Parker, Farrell Sampier, Lionel Tolbert, John Tonubbee and Rufus White |
| Burl Cain, Stephanie Lamartiniere, James LeBlanc and The Louisiana Department of Public Safety and Corrections |
| Jeffrey Dubner |
| 3:2015cv00318 |
| May 20, 2015 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Brian A. Jackson |
| Richard L. Bourgeois |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
778
OPINION : For the reasons set forth above, The Court finds that Plaintiffs have established their entitlement to permanent injunctive relief by a preponderance of the evidence. The Court will enter judgment in favor of Plaintiffs and against Defendants. Signed by Chief Judge Shelly D. Dick on 11/6/2023. (SWE)
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Filing
769
RULING denying 762 Motion Supplement the Record and Admit Certain Specific Evidence of Current Conditions. Signed by Chief Judge Shelly D. Dick on 12/07/2022. (SWE)
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Filing
727
RULING denying 699 Motion in Limine to Exclude Expert Testimony of Dr. Dora B. Schriro, Ed.D., J.D. Signed by Chief Judge Shelly D. Dick on 6/3/2022. (SWE)
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Filing
723
RULING denying in part and granting in part 698 Motion in Limine to Exclude Expert Testimony of David M. Mathis in Part. Signed by Chief Judge Shelly D. Dick on 6/1/2022. (SWE)
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Filing
720
RULING denying in part and granting in part 697 Motion in Limine to Exclude Expert Testimony of Michael McMunn. Signed by Chief Judge Shelly D. Dick on 6/1/2022. (SWE)
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Filing
713
RULING: For the written reasons assigned herein: Plaintiffs' 692 Motion in Limine Regarding Burden of Proof is DENIED; Plaintiffs' 693 Motion in Limine Regarding Evidentiary Issues is DENIED without prejudice; Defendants' 694 M otion in Limine to Admit Additional Evidence is GRANTED without prejudice to objections at the time of trial; Defendants' 695 Motion to Limit Scope of Testimony and Evidence as to items 1-7 is DENIED, without prejudice to the right of the Defe ndants to urge objections at trial. Defendants' 695 Motion to exclude opinion as to Treatment Unit Cell Block #28 is DENIED as stated. The 695 Motion as to Mazz's evaluation and opinions of the Visiting Areas is DENIED. Signed by Chief Judge Shelly D. Dick on 5/26/2022. (SWE)
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Filing
712
RULING denying Plaintiffs' 696 Motion Exclude Expert Testimony of John Morrison. Signed by Chief Judge Shelly D. Dick on 5/25/2022. (SWE)
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Filing
679
RULING: Granting in part and denying in part 661 Motion for Sanctions. To the extent the motion calls for procedural sanctions, Plaintiffs motionfor an extension of time to produce expert reports in and through May 3, 2022 is GRANTED. Plaintiffs motion that the Court order the Defendants to cover the costs of Plaintiffs experts review of the supplemental eMARs is DENIED. Signed by Chief Judge Shelly D. Dick on 4/4/2022. (ELW)
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Filing
623
RULING denying 603 Motion for Reconsideration or, in the Alternative, to Certify Ruling for Interlocutory Appeal and granting 605 Motion for Status Conference to discuss the remedy phase in this matter. A status conference is set for 12/15/2021 at 2:00 p.m. in Courtroom 3. Signed by Chief Judge Shelly D. Dick on 10/08/2021. (NLT)
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Filing
594
OPINION: For the reasons stated, the Court holds that the Defendants, in their official capacities, are violating the Eighth Amendment rights of the Plaintiff Class and the ADA and RA rights of the Plaintiff Subclass. Based on the overwhelming evid ence presented at trial, judgment shall be entered in favor of Plaintiffs following the remedy phase. The Court shall order injunctive relief as stated herein. By separate notice, the Court will set a State Conference to discuss proceeding to the remedy phase of this matter. Signed by Chief Judge Shelly D. Dick on 3/31/2021. (SWE)
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Filing
587
RULING granting 581 Motion for Expedited Hearing on 580 Emergency Motion to Re-Open Discovery Regarding COVID-19. Plaintiffs' 580 Emergency Motion to Re-Open Discovery Regarding COVID-19 and 582 Emergency Motion to Restrain Defendants from Transferring COVID-19 Carriers to Louisiana State Penitentiary are DENIED. Signed by Chief Judge Shelly D. Dick on 4/2/2020. (SWE)
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Filing
462
ORDER: The 403 Motion for Reconsideration of 193 First MOTION for Partial Summary Judgment on Plaintiffs' ADA Claims, 194 Second MOTION for Partial Summary Judgment Plaintiffs' Eighth Amendment Claim is DENIED except as to exhaustion of administrative remedies. Plaintiff's Re-Urged 288 Motion to Strike is DENIED as moot. Signed by Chief Judge Shelly D. Dick on 9/12/2018. (LLH)
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Filing
419
ORDER: Plaintiff's 417 MOTION to Exclude Evidence of Post-DiscoveryConditions is hereby GRANTED, and the 417 MOTION to Compel Additional Discovery is hereby DENIED. A bench trial on liability only, limited to evidence of the conditions as they existed on or before 9/30/2016 will go forward commencing on 10/9/2018. Signed by Judge Shelly D. Dick on 6/20/2018. (LLH)
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Filing
394
RULING granting 133 Motion for Class Certification. Signed by Judge Shelly D. Dick on 2/26/2018. (SGO)
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Filing
388
RULING granting 376 Motion for Evidentiary Sanctions. The Court will exclude any evidence or documents not produced in discovery unless such documents were attached to pleadings filed into the record prior to the class certification hearing. The Court declines to award any monetary sanctions. Signed by Judge Shelly D. Dick on 1/12/2018. (SGO)
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Filing
353
RULING granting in part and denying in part Defendant's 248 Motion in Limine. Signed by Judge Shelly D. Dick on 10/25/2017. (LLH)
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Filing
347
RULING : The 246 Motion in Limine is DENIED with full reservation of rights to urge objections at the time of trial. Signed by Judge Shelly D. Dick on 10/24/2017. (LLH)
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Filing
343
RULING granting 326 MOTION for Clarification of and Relief From 322 Ruling on 192 Motion to Exclude Testimony of David Thomas. The Courts' Prior 322 RULING is vacated in part . Plaintiff' s 192 Motion in Limine to exclude Dr. D avid Thomas' opinion testimony as relating to legal and security issues is GRANTED; the motion to exclude standard of care opinion testimony is DENIED, and all objections to admissibility are reserved. Defendants' request to vacate and amend the Scheduling Order and for leave to name a substitute expert is DENIED, as moot. Signed by Judge Shelly D. Dick on 10/23/2017. (LLH)
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Filing
322
RULING granting 192 MOTION to Exclude Testimony of David Thomas. Signed by Judge Shelly D. Dick on 9/29/2017. (SGO)
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Filing
321
RULING granting 191 Motion to Exclude Testimony of Jacqueline Moore. Signed by Judge Shelly D. Dick on 9/27/2017. (LLH)
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Filing
317
ORDER: Because the class certification issue must be decided before dispositive motions, and the Court believes that resolution of this issue may (or may not) alter the facts and /or analysis regarding the dispositive motions filed in this case, the Court will deny the 193 Motion for Partial Summary Judgment on Plaintiffs ADA Claims, 194 Motion for Partial Summary Judgment on Plaintiffs Eighth Amendment Claims, and the Defendants 261 Motion for Summary Judgment without preju dice. Following the class certification hearing, the Parties are granted leave of Court to re-urge these motions by reference to record document numbers, without the necessity of re-filing same. Should supplemental briefing be required based on the class certification determination, such leave is granted to file supplemental briefs not to exceed 15 pages without leave of Court. Signed by Judge Shelly D. Dick on 9/21/2017. (LLH)
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Filing
241
ORDER granting 223 Motion to Disqualify Judge. Signed by Chief Judge Brian A. Jackson on 4/20/2017. (EDC)
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Filing
177
ORDER granting 176 MOTION for Relief From Order Denying Joint Motion to Clarify Order. The Court's Order Denying as Moot the Joint Motion to Clarify Order on Second Joint Motion to Extend Deadlines for Submission of Opposing and Supplemental M emorandum in Regards to Plaintiff's Motion for Class Certification 175 is VACATED. The deadline for Plaintiff's submission of any supplemental memorandum in support of their Motion for Class Certification is extended to 12/19/2016. Signed by Chief Judge Brian A. Jackson on 12/15/2016. (EDC)
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Filing
173
ORDER granting 152 Motion to Compel Production of Documents. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/7/2016. (LLH)
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Filing
121
ORDER: Plaintiffs' Motion to Compel is DENIED to the extent it seeks an award for costs pursuant to Rule 37(a)(5). In all other respects, the Motion to Compel is denied as moot. Because the Motion to Compel was granted in part and denied in part , and because the Court finds that Defendants' failure to meet the parties agreed upon deadlines was substantially justified and that awarding expenses under the circumstances would be unjust, each party shall bear its own costs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 08/31/2016. (NLT)
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