IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

JORGE ESTEVEZ, GILBERT SANCHEZ, ERIC BROUYARD, KIRK SHAFFER, WILFRED WHITE, ARMANDO PALENZUELA, MAURICE SIMMONS, ANN MOSLEY, DAVID WINCHESTER, JOHN STECKLER, JEROME ROBINSON, WARREN WILLIAMS, FELTON THOMPSON, KENNETH WHITE, WILLIAM SUTTON, STEVEN HYDE, MARY ANN VALVERDE, ALFRED THOMPSON, CRAIG MITCHELL, KENNETH VINCENT, RANDY MORRIS, CURTIS RUTH, JONATHAN MOORE, RONNIE MAYFIELD, EARL MOFFETT, TERRELL SHOWERS, and all others similarly situated,
Plaintiffs,
v.
CHARLES C. FOTI, JR., individually and in his official capacity as CRIMINAL SHERIFF OF ORLEANS PARISH, CITY OF NEW ORLEANS, LOUISIANA,
Defendants.

PC-LA-0004-0001
Civil Action No. 88-01162 Section K(5)

Amended Complaint Plaintiffs, on behalf of themselves and the class alleged herein, amend their Complaint and state as follows:
I. Preliminarv Statement 1. This is a class action brought by Plaintiffs on behalf of all persons who have been or will be confined within the custody of the Criminal Sheriff of Orleans Parish, and housed at facilities known as the Orleans Parish Prison (OPP), Community

2 Correctional Center (CCC), House of Detention (HOD), Central Lock-up (CLU) and the Emergency Housing Unit (tent city). Plaintiffs seek declaratory and injunctive relief for deprivations under color of state law of their rights, privileges and immunities secured by the Constitution of the United States and by the Constitution and laws of the State of Louisiana.
2. Plaintiffs specifically seek relief from conditions at these facilities which fall below the standards of human decency, deny basis human needs, and inflict needless suffering on prisoners. Plaintiffs incarcerated in these facilities contend that they are forced to live in an environment where the ill effects of particular conditions, often exacerbated by other conditions, threaten their physical and mental well-being and result unnecessarily in their physical and mental deterioration. The imminent risks that the existing conditions of these facilities pose to the health and welfare of those confined there require the immediate attention and action of this court.
II. Jurisdiction 3. This Court has jurisdiction of this action under 28 U.S.C. §1331 since this is an action in which the matter in controversy arises under the Constitution and laws of the United States. 4. This Court also has jurisdiction of this action under 28 U.S.C. §1343(4) since this is an action to secure declaratory, injunctive and other equitable relief under acts of Congress

3 providing for the protection of civil rights, specifically the Civil Rights Acts, 42 U.S.C. §1983.
5. This Court also has jurisdiction of this action under 28 U.S.C. §§2201 and 2202, and Federal Rules of Civil Procedure 57 and 65 since this is an action seeking a judgment declaring the rights of Plaintiffs and for injunctive and other eguitable relief based upon that declaratory judgment under §1983.
6. This Court has pendent jurisdiction over all claims under Louisiana law because they arise out of the same nucleus of operative fact as the federal claims.
7. Venue in the Eastern District of Louisiana is proper. Each of the defendants resides in the Eastern District of Louisiana, and each of the claims for relief arose in this District.
III. Plaintiffs 8. Jorge Estevez, Gilbert Sanchez, Eric Brouyard, Kirk Shaffer, Wilfred White, Armando Palenzuela, Maurice Simmons and Ann Mosley, are now, or have in the recent past been, prisoners within the custody of defendant Sheriff Foti. They are the original Plaintiffs in this lawsuit, or have been added as Plaintiffs to this suit by order of the court. Collectively, this group of Plaintiffs has been incarcerated in each of the facilities named in paragraph (1) and have suffered the constitutional violations described in this complaint. 9. David Winchester and John Steckler are now, or have recently been, prisoners of the named defendants, and have

4 suffered violations of their rights while in custody. They have requested to be named Plaintiffs in this suit.
10. Jerome Robinson is the named plaintiff in Civil Action Number 87-5867 Section K(5). His case was consolidated with this case by order of the court.
11. Warren Williams, Felton Thompson, Kenneth White and William Sutton are named Plaintiffs in Civil Action Number 885564 Section K(5). Their case was consolidated with this case by order of the court.
12. Steven Hyde is now, or recently has been, a prisoner incarcerated in the psychiatric ward of the HOD. He has suffered violations of his constitutional rights while housed in that facility.
13. Mary Ann Valverde is presently a pretrial detainee incarcerated in the women's section of the HOD. She has suffered violations of her constitutional rights while housed in that facility.
14. Alfred Thompson is presently a prisoner housed in the CCC medical facility. He has suffered violations of his constitutional rights while housed in that facility.
15. Craig Mitchell is a prisoner housed in the men's section of the HOD. He has suffered violations of his constitutional rights while housed in that facility.
16. Kenneth Vincent, Randy Morris, Curtis Ruth, Jonathan Moore, Ronnie Mayfield, Earl Moffett, and Terrell Showers are all prisoners in the OPP, and are named Plaintiffs in Civil Action

5 Number 88-1868 M(6). Defendant Foti has requested that case be consolidated with this case. Mr. Vincent has also requested to be a named plaintiff in this case. These Plaintiffs have all suffered constitutional violations while housed in the OPP.
IV. Defendants 17. Charles C. Foti, Jr., is the Criminal Sheriff of Orleans Parish, Louisiana. As such he is responsible for the operation of the jail, pursuant to LRS 15:704 and 33: 1519.1. 18. The City of New Orleans is the municipal entity responsible for the operation of the facilities named herein, pursuant to LRS 15:702 and 33:1523.1.
V. Class Action Allegations 19. This is a class action under Rules 23(a) and 23(b)(l), (2) and ((3). 20. Plaintiffs are representative parties of a class of all persons who are confined within the custody of Defendant Sheriff Foti, at the OPP, CCC, HOD, CLU and tent city, or who will be so confined in the future. 21. Plaintiffs' claims are typical of all class members. Plaintiffs are represented by competent counsel and will fairly and adequately protect the interests of the class. 22. The class is so numerous that joinder of the members is impracticable. Current members of the class of prisoners number approximately 4,000.

6 23. The lawsuit challenges various conditions of confinement and there are questions of law and fact common to the class. 24. The Defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive and declaratory relief with respect to the class.
VI. Factual Allegations Shelter 25. Sanitation throughout the facilities is grossly inadequate. Roaches, mice, and other insects abound throughout the living areas and food preparation areas, causing a serious health risk. Plumbing is inadequate and constantly in need of repair. Often prisoners have no hot water in which to bathe. Clothing and bedding is not properly laundered. Many prisoners must wash their own clothes in toilets. 26. Prisoners are often forced to sleep on the floors, or on benches or tables. In some areas, prisoners sleep on dangerous three or four level bunk beds. Proper bedding is not provided. 27. The facilities are filthy throughout. Prisoners are not provided with adequate cleaning supplies and equipment to keep their own living areas clean. 28. Prisoners are often required to share razors, increasing the risk of the spread of contagious diseases.

7

29. Ventilation is totally inadequate. Living areas are

unbearably hot in summer, and cold in winter. Some areas are

completely open to the elements, and become flooded during heavy

rains. Lighting is inadequate for reading or other close work.

Most of the living areas have only furniture that is broken or

worn-out, leaving prisoners with no place to sit, to eat or work.

Noise is unbearable throughout the facilities.

30. Neither male or female prisoners are provided with even

a modicum of privacy. Personal hygiene, going to the toilet, and

even strip searches must be carried out in public. This

situation results in the unnecessary humiliation and

dehumanization of the prisoner population.

31. Fire safety violations abound throughout the

facilities, posing an imminent risk of harm. Fire drills are

never held.

Prisoners are not instructed in evacuation

procedures.

Medical Care 32. Medical services provided to prisoners are totally inadequate and constitute deliberate indifference to prisoners' serious medical needs. Emergency, routine and basic preventive care are inadequate. Routine screening of newly admitted prisoners is not done prior to placement in the general
population of the facility.

r
8 Dental Care 33. Emergency and preventive care dental services are inadequate to meet the minimum, basic needs of the population.
Mental Health Care 34. Services to psychiatric patients is inadequate, and constitutes deliberate indifference to prisoners1 needs. Mentally ill prisoners are often held in the jail for long periods of time for no reason other than a lack of space elsewhere. Psychiatric patients have consistently been subjected to abuse by staff. Psychological counselling or therapy for the general population is non-existent.
Food 35. Prisoners are not provided with an adequate nutritious diet to sustain health. Food is prepared in an unsanitary environment and is not properly served. Medical and religious diets are often ignored. Prisoners are forced to supplement their diets by purchasing snack foods from the commissary, which are grossly overpriced, and unavailable to indigent prisoners.
Exercise 36. Prisoners are not provided with adequate opportunities to exercise in order to sustain health. Except for those prisoners living in the tent city, prisoners rarely get to go

9 outside to exercise. There is no structured program of exercise or recreation for the general population within the institution.
Programming 37. Prisoners are not provided with sufficient opportunities to participate in educational, vocational or religious programs in order to make productive use of their time of incarceration. 38. Prisoners are not allowed adequate opportunities to visit or use the telephone to maintain contact with their families. Children are not allowed to visit with their mothers or fathers at all. No contact visits are allowed.
Safety 39. Violence is rampant within the facilities. This violence is exacerbated by the failure of the defendants to address such obvious problems as: the complete idleness of the prison population because of the failure to provide productive activity; inadequate numbers of trained, experienced staff; failure to adequately train and compensate staff; failure to provide any viable system of prisoner classification; abuse of prisoners by staff.
Access to Courts and Counsel 40. Prisoners are not provided adequate access to the law library or to legal assistance' services. Necessary contact

10
between lawyers and prisoners is disrupted by unreasonable rules regarding visiting and telephone contact. Often lawyers must obtain court orders so that their clients may telephone them when necessary. Prisoners have been forced to buy opportunities to phone counsel with food. Prisoners are harassed when they attempt to contact lawyers.
Due Process 41. The administration has failed to provide prisoners with clear and consistent rules by which to conform their behavior. Prisoners are not afforded adequate due process protection when alleged disciplinary violations occur. There is no adequate due process procedure related to disciplinary segregation or to security classification. One prisoner has been repeatedly placed in isolation because he encourages others to file lawsuits complaining about the conditions of the jail.
VII. Claims for Relief First Claim 42. Plaintiffs reallege and incorporate by reference paragraphs 25 through 39. 43. Defendants fail to provide Plaintiffs with the basic necessities of life, including adequate food, shelter, sanitation, medical, dental and mental health care, and personal safety. The conditions in these facilities are incompatible with contemporary standards of decency, cause unnecessary and wanton

r
11 infliction of pain and are not reasonably related to anylegitimate governmental objectives. Sentenced prisoners are thereby subjected to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution, and pretrial detainees are subjected to impermissible punitive conditions in violation of the Due Process clause of the Fourteenth Amendment.
Second Claim 44. Plaintiffs reallege and incorporate by reference paragraph 38. 45. Plaintiffs incarcerated in these facilities are denied the basic right of visitation with their families and friends in appropriate surroundings in violation of their rights under the First Amendment to the United States Constitution.
Third Claim 46. Plaintiffs reallege and incorporate by reference paragraph 40. 47. Defendants, by their failure to provide adequate and appropriate materials and equipment, or law clerks to assist Plaintiffs, and by their failure to permit adequate contact with counsel, have denied Plaintiffs access to courts in violation of the Sixth and Fourteenth Amendments of the United states Constitution.

r
12 Fourth Claim 48. Plaintiffs reallege and incorporate by reference paragraph 41. 49. Defendants, by denying Plaintiffs clear and consistent rules and regulations, and by failing to provide adequate due process protection in disciplinary and classification decisions, deprive Plaintiffs of their right to due process under the Fourteenth Amendment to the United States Constitution.
Fifth Claim 50. Plaintiffs reallege and incorporate by reference paragraphs 25 through 41. 51. The conditions described above further deny Plaintiffs' rights as guaranteed by the Louisiana Constitution, Articles 2, 7, 8, 13, 20 and 22; and the laws of the Louisiana, LRS 15:705, 15:707, 15:751, 15:752, 15:753, 15:754, 15:755, 15:756, 15:757, 15:758, 15:760, 15:761, 15:762, 15:763, 15:811, 15:828, and 15:829.
VII. No Adequate Remedy at Law 52. As a proximate result of the Defendants1 policies, practices, procedures, acts and omissions, Plaintiffs have suffered, do suffer, and will continue to suffer immediate and irreparable injury, including physical, psychological and emotional injury. Plaintiffs' physical and psychological health and well-being will continue to deteriorate during the course of

13 the confinement of plaintiffs under the conditions described in this complaint. Plaintiffs have no plain, adequate or complete remedy at law to redress the wrongs described herein. Plaintiffs will continue to be irreparably injured by the policies, practices, and procedures, acts and omissions of the Defendants unless this Court grants the injunctive relief that Plaintiffs seek.
IX. Prayer for Relief 53. WHEREFORE, Plaintiffs and the class they represent pray this Court:
1. Determine by order pursuant to Rule 23, Federal Rules of Civil Procedure, that this action may be maintained as a class action;
2. Issue a declaratory judgment stating the defendants' policies, practices, acts and omissions described in this Complaint violate Plaintiffs1 rights, guaranteed to them by the First, Sixth, Eighth and Fourteenth Amendments to the United States Constitution and the Louisiana Constitution and Laws;
3. Permanently enjoin Defendants, their officers, agents, employees and successors in office, as well as those acting concert and participating with them, from engaging in the unlawful practices described in this Complaint;
4. Retain jurisdiction of this matter until this Court's order has been carried out;

r
14
5. Aware Plaintiffs their reasonable costs and attorneys
fees pursuant to 42 U.S.C. §1988; and
6. Grant such other relief as may be just and equitable.
Respectfully-submitted,
CJ¿CULÅJ`AÁ
Claudia Wright ACLU National Prié¿n Project 1616 P Street, N.W. Suite 340 Washington, D.C. 20036 (202) 331-0500
re Jc RolK#úmber 7300
lane Law Clinic 7301 Freret New Orleans, LA 70118 (504) 865-5153

DATED:

William P. QI

\

Bar/Rol·j^Num&er 7769

\^^9O-3: Convention Center Blvd.

Fulton Place, Suite 119

New Orleans, LA 70130

(504) 524-0016

Counsel for Plaintiffs

 
 r
PC-LA-0004-0002
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

JORGE ESTEVEZ, et al., Plaintiffs,
v. CHARLES C. FOTI, JR., et al,
Defendants.

Civil Action NO. 88-01162 Section K(5)

NOTICE OF HEARING ON MOTION TO AMEND COMPLAINT AND MOTION TO DISMISS STATE DEFENDANTS

TO: Charles C. Foti Through Counsel of Record

City of New Orleans Through City Attorney's Office

C. Paul Phelps Through Counsel of Record

PLEASE TAKE NOTICE THAT THE ATTACHED MOTION

TO AMEND COMPLAINT AND MOTION TO DISMISS, STATE DEFENDANTS

WILL BE HEAR BY THIS COURT ON THE

5r¿¡ DAY OF

1989 AT / .CO O'CLOCK A.M.

Respectfj submitted,

William P. Ouigíey Bay Roll Number 7769 3&í Convention Center Fulton Place, Suite 119 New Orleans, LA 70130 (504) 524-0016
Claudia Wright ACLU National Prison Project 1616 P Street, N.W. Suite 340 Washington, D.C. 20036
(202) 331-0500

f

Jane Johnson Bar Roll Number 7300 Tulane Law Clinic 7301 Freret
New Orleans, LA 70118
(504) 865-5153

CERTIFICATE SERVICE

I certify that a copy of the foregoing pleading has been served

upon counsel for all parties to this proceeding, by mailing the

same to each by first class United States mail, properly

addressed and postage prepaid~pn this J^i

o f AAA

' 19 û ‰

/

 
 *

»"» "

PC-LÁ OÒd4-OOÖ3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

JORGE ESTEVEZ, et al,

)

)

Plaintiffs,

)

)

v.

)

)

CHARLES C. FOTI, JR., et al, )

) Defendants.

Civil Action NO. 88-01162 Section K(5)

MEMORANDUM IN SUPPORT OF MOTION TO AMEND COMPLAINT AND MOTION TO DISMISS STATE DEFENDANTS

MAY IT PLEASE THE COURT:

Counsel for plaintiffs have filed two motions before this court in order to place this matter in the proper posture for litigation.

This matter was originally filed as pro se litigation by the prisoners. The Tulane Law Clinic was appointed to represent the plaintiffs. The American Civil Liberties Union Prison Project and the Louisiana affiliate of the ACLU have also joined as counsel for plaintiffs.

The amended complaint is attached and explains itself. It represents a more specific, detailed listing of plaintiffs allegations and the constitutional basis for those allegations.

The motion to dismiss the state defendants is made because
they a r e n°t the custodians of the plaintiffs and are not proper
defendants.
Respectfully submitted,
`e
Bar ‡. `9LOlxConvèhTÍon Center BÌvcí. Fulton Place, Suite 119 New Orleans, LA 70130 (504) 524-0016
Claudia Wright ACLU National Prison Project 1616 P Street, N.W. Suite 340 Washington, D.C. 20036 (202) 331-0500
Jane Johnson Bar Roll Number 7300 Tulane Law Clinic 7301 Freret New Orleans, LA 70118 (504) 865-5153

CERTIFICATE SERVICE

I certify that a copy of the foregoing pleading has been served

upon counsel for all parties to this proceeding, by mailing the

same to each by first class United States mail, properly

addressed and postage prepaid on this cP-i

of

L¿

19 Kf

^

T

William P. Quigley

 
 LAED CM/ECF - Live - Docket Report

Page 1 of 3

CLOSED, MAG-5, REFER
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:88-cv-01162-LLM-ALC

Estevez, et al v. Phelps, et al Assigned to: Judge Lansing L. Mitchell Referred to: Magistrate Judge Alma Chasez Demand: $0 Cause: 42:1983 Prisoner Civil Rights

Date Filed: 03/22/1988 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Jorge Estevez

Plaintiff Gilbert Sanchez

Plaintiff Eric Broyard

Plaintiff Kirk Shaffer

Plaintiff Wilfred White

Plaintiff Armando Palenzuela

Plaintiff Maurice Simmons

represented by Mohamedu F. Jones American Civil Liberties Union Foundation National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202-393-4930 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen A. Bower American Civil Liberties Union Foundation National Prison Project 733 15th St., N.W. Suite 620

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LAED CM/ECF - Live - Docket Report

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V. Defendant C Paul Phelps
Defendant Charles C Foti, Jr
Defendant Ann Mosley also known as Ann Mobley unknown

Washington, DC 20005 202-393-4930
Marjorie Rifkin American Civil Liberties Union Foundation National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202-393-4930
represented by Richard P. Ieyoub Louisiana Department of Justice Litigation Division 601 Poydras St. Suite 1725 New Orleans, LA 70130 (504) 599-1200 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Freeman Rudolph Matthews Usry, Weeks & Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504-592-4600 Email: pmatthews@usryandweeks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Patrick Quigley Loyola Law School Clinic 7214 St. Charles Ave. New Orleans, LA 70118 (504) 861-5590 Email: duprestars@yahoo.com ATTORNEY TO BE NOTICED

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LAED CM/ECF - Live - Docket Report

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George M Strickler, Jr

represented by George M Strickler, Jr Tulane University School of Law 6801 Freret St. New Orleans, LA 70118 PRO SE

Date Filed 03/22/1988 02/28/1996
09/01/2000

#

Docket Text

Automatic Referral (Utility Event) to Magistrate Alma Chasez (js) (Entered: 09/25/1990)

48 ORDER that on or bfr 3/29/96 each pla to file written statement, etc as stip by Magistrate Alma Chasez Orig dktd 3/5/96 (kh) (Entered: 03/24/1997)

49 MINUTE ENTRY (8/30/00) Clerk is directed to administratively close case. by Magistrate Alma Chasez *****CLOSED***** (dno) (Entered: 09/06/2000)

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