UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL

*

CIVIL

VERSUS

*

* ERNEST N. MORIAL, ET AL

********

NO. 69-2443 and consolidated cases
SECTION "LLM"

STIPULATION AND CONSENT JUDGMENT

NOW INTO COURT, through undersigned counsel come Sidney

J. Barthelemy, Mayor of the City of New Orleans, Stuart Walker,

Chief Administrative Officer, City of New Orleans, Dorothy Mae

Taylor, Councilwoman-At-Large, Joseph J. Giarrusso, Councilman-At-

Large, Peggy Wilson, Councilwoman District A, James Singleton,

Councilman District B, Mike Early, Councilman District C, Lambert

Boissiere, Jr., Councilman District D, Johnny Jackson, Councilman

District E, and Warren G. Woodfork, Chief of Police, City of New

Orleans all defendants herein, and Charles C. Foti, Jr., Criminal

Sheriff for the Parish of Orleans, plaintiff-mover herein, who with

respect stipulate as follows:

I. The Mayor, the City Council of the City of New Orleans and the other defendants herein desire to have the trial of this matter, currently fixed for April 18, 1990, continued until July 15, 1990.

II.

_

"~*

APR 2 01990

DATE OF ENTRY

—

The parties hereto consent and agree that funding by the City of New Orleans for the jail operations of the Criminal Sheriff will be paid in the same amount, at the same rate and in the same manner for the period of time from the date of this Consent Judgment to July 15, 1990 as has been provided since January l, 1990 to date of this Judgment, said amount being $1,250,000 per month.
III. The parties further hereby consent and agree as follows. The method of funding of the jail operations of the Criminal Sheriff for the Parish of Orleans will no longer be through a lump sum appropriation. Rather, the City of New Orleans shall pay to the Criminal Sheriff for the Parish of Orleans a dollar amount per inmate per day. The determination of this amount is the only issue to be resolved on July 15, 1990 by this Court, although this stipulation shall in no way limit defendants1 right to urge the Court to consider any and all factors in determining this per inmate per day amount. This system of payment will begin on July 15, 1990 and will remain in effect unless later amended, altered or modified by judgment of this Court. This method of payment per prisoner per day will be as follows. The Sheriff will invoice the City every two weeks for payment in accordance with the number of inmates housed by him for the preceding two weeks and the City will make payment within two weeks after receipt of the invoice. Defendants will have the right to documentation to verify the inmate population during each invoice period. The City will be responsible for payment for each inmate for which the Sheriff is

not otherwise paid by the State of Louisiana or the United states
Government.
Respectfully submitted,
USRY & WEEKS
By:. T. Allen Usry, 12988 P.O. BOX 6645 Suite 180, 2800 VeteransNfcLvd. Metairie, Louisiana 70009-6645 Telephone (504) 833-4600 Attorney for Charles C. Foti, Jr. Criminal Sheriff for^the Parish of Orleans

J\PR ^ M-- :--T A-r! 0' v

rones, 7499 City Attorney 1300 Perdido Street Room 2W23, City Hall New Orleans, Louisiana 70112 Telephone (504) 565-6200
Attorney for:
Sidney J. Barthelemy Mayor, City of New Orleans
Stuart Walker Chief Administrative Officer
Dorothy Mae Taylor Councilwoman-At-Large
Joseph J. Giarrusso Counc ilman-At-1arge
Peggy Wilson Councilwoman District A
James Singleton Councilman District B
Mike Early Coucilman District C
Lambert Boissiere, Jr.

Councilman District D
Johnny Jackson
Councilman District E Warren G. Woodfork Chief of Police
IT IS ORDERED that the foregoing stipulation be and it is hereby approved as a judgment of this Coi
New Orleans, Louisiana/fcjiis / A «^~day of April, 1990.

Hamilton v. Morial JC-LA-003-001

 
 Case 2:69-cv-02443-JCZ-ALC Document 2041 Filed 06/20/08 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL. VERSUS ERNEST N. MORIAL, ET AL.

CIVIL ACTION NO. 69-2443 SECTION "A"(5)

ORDER ADOPTING MAGISTRATE’S REPORT & RECOMMENDATION The Court having considered the petition, the record, the applicable law, the Magistrate Judge’s Report and Recommendation (Rec. Docs. 2007 & 2032), the Plaintiffs’ partial objection to the Report and Recommendation (Rec. Doc. 2038), and the State Defendants’ objection to the Report and Recommendation (Rec. Doc. 2012), hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. However, the Court adopts the suggested verbiage contained in Plaintiffs’ partial objection to the notice. Plaintiffs’ suggested additions to the notice are reasonable and will not alter the substance of the Magistrate Judge’s Report and Recommendation. Further, no party has objected to the suggested modifications. This litigation has been on-going for nearly 40 years. Under the leadership of Magistrate Judge Chasez much has been accomplished prior to the arrival of Hurricane Katrina in August 2005. Hurricane Katrina had a devastating impact on the City of New Orleans and since that time operations at the Orleans Parish Prison have changed substantially. In her well-reasoned opinion,

Case 2:69-cv-02443-JCZ-ALC Document 2041 Filed 06/20/08 Page 2 of 3
Magistrate Judge Chasez noted that “[t]he needs of the City are still evolving and further systemic litigation of prison issues at this time under the umbrella of this case do not seem needed.” (Rec. Doc. 2007 at 4). The Court agrees.
Magistrate Judge Chasez has done an outstanding job through the years and all parties to this litigation were fortunate to have her preside over this case. But this litigation has now run its natural course and the time has come to end it.
Accordingly; IT IS ORDERED that the pending Motions to Dismiss (Rec. Docs. 1973, 1977, & 1986) are GRANTED IN PART AND DENIED IN PART for the reasons given in the Report and Recommendation; IT IS FURTHER ORDERED that: 1) all claims enunciated by plaintiffs herein, whether the subject of a consent decree or not, be dismissed without prejudice. 2) plaintiffs’ counsel, the ACLU National Prison Project, be discharged as counsel for plaintiffs herein. 3) all consent decrees, judgments, orders, minute entries or settlement agreements entered into the record of this case setting forth or establishing any economic or financial responsibilities or obligation between or among the Sheriff, the City of New Orleans and/or the State of Louisiana, as well as the rights of such parties to seek judicial modification thereof,
2

Case 2:69-cv-02443-JCZ-ALC Document 2041 Filed 06/20/08 Page 3 of 3 shall remain in full force and effect, in their entirety, until further orders of the Court, and this Court expressly retains jurisdiction thereof. 4) a notice be placed in a conspicuous area on all current tiers of the jail wherein inmates are housed. The approved notice is attached to his order. The time period for posting of the notice in the jail shall be thirty (30) days.
June 20, 2008 ______________________________ UNITED STATES DISTRICT JUDGE
3

Case 2:69-cv-02443-JCZ-ALC Document 2041-1 Filed 06/20/08 Page 1 of 1

 
 Case 2:69-cv-02443-JCZ-ALC Document 2052 Filed 11/27/12 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL. VERSUS ERNEST N. MORIAL, ET AL.

CIVIL ACTION NO. 69-2443 SECTION "A"(5)

ORDER REOPENING CASE Upon motion of the Sheriff,1 Accordingly; IT IS ORDERED that this matter is REOPENED and restored to the active docket so that the Sheriff can pursue an adjustment to the current per diem rates provided by the 2003 Consent Decree; IT IS FURTHER ORDERED that the hearing on the adjustment issue is SET for Wednesday, January 16, 2013, at 9:30 a.m.; IT IS FURTHER ORDERED that a final pre-trial conference is SET for Wednesday, January 9, 2013, at 4:00 p.m.; IT IS FURTHER ORDERED that counsel for the parties shall confer with Magistrate Judge Alma Chasez to confect a scheduling order in anticipation of the hearing date provided above. November 27, 2012

______________________________ UNITED STATES DISTRICT JUDGE

1 This motion was made orally at a status conference held in Civil Action 12-859, which is currently pending in Section I.

 
 Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL. VERSUS ERNEST N. MORIAL, ET AL.

CIVIL ACTION NUMBER: 69-2443 SECTION: "A"(5)

REPORT AND RECOMMENDATION
Presently before the Court is the motion of Sheriff Marlin N. Gusman for partial dismissal, without prejudice, of all portions of this case over which there currently exists administrative closure. (Rec. doc. 1973). More particularly, the Sheriff moved the Court to dismiss without prejudice all allegations of the plaintiffs’ amended complaint filed herein on January 22, 1992 (Rec. doc. 599) except the following:
1. Those allegations of the Amended Complaint relative to women’s health needs, as more particularly described in Paragraphs 50 through 52 of the “Agreed Entry on Medical Care” filed herein on December 5, 1990; (Rec. doc. 476); 2. Those allegations of the Amended Complaint relative to

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 2 of 7
medical services for HIV positive inmates, as more particularly described in Paragraphs 523 through 57 of the Agreed Entry on Medical Care; and 3. All allegations of the Amended Complaint with respect to the adequacy of housing and staffing for psychiatric services. The Sheriff further sought that the Court maintain jurisdiction over the enforcement of obligations between the Sheriff, the City of New Orleans and the State of Louisiana with regard to funding obligations assumed by the various parties pursuant to consent decrees herein. Indeed, the Sheriff has not sought to terminate any consent decree in the case pursuant to the “sunset provisions” of the Prison Litigation Reform Act, 18 U.S.C. § 3626 (b).1/ Also before the Court is the plaintiffs’ cross-motion for dismissal without prejudice. (Rec. doc. 1986). In that document, plaintiffs advise that they not only do not oppose the Sheriff’s motion, they further seek the dismissal without prejudice of all portions of the case involving claims brought by plaintiffs, without prejudice. Counsel acknowledges that this litigation has become a vast and unwieldy matter and that it has become unmanageable from plaintiffs’ perspective.2/ Counsel has further acknowledged that
1/See Sheriff’s memorandum in support of partial motion to dismiss, without prejudice. (Rec. doc. 1973, p. 6).
2/ See Plaintiffs’ memorandum in support of cross-motion for dismissal without prejudice. (Rec. doc. 1986, p. 6).
2

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 3 of 7
Hurricane Katrina has vastly changed the population and physical plant of the jail that existed at the time this litigation was instituted. Nevertheless, continuation with a portion of this litigation as requested by the Sheriff will require plaintiffs’ counsel to at least engage in monitoring activities. Counsel prefers to be discharged of the obligations of counsel at this time and seeks to have a notice so indicating posted in the day rooms of the jail.
The City of New Orleans has opposed the plaintiffs’ motion to dismiss in the entirety, preferring instead that the case be handled through administrative closure. Alternatively, if the plaintiffs’ motion were to be granted as to dismissal of all claims without prejudice, the City argues that notice of the type and method proposed by plaintiffs’ counsel should not be allowed. (Rec. doc. 1993).
The State of Louisiana opposes both motions filed by the Sheriff and plaintiffs. (Rec. doc. 1990). The State argues that administrative closure is the proper method for suspending activity in the case, while maintaining the consent decrees in effect between the parties. The State further opposes the filing on any new separate class action litigation involving the Orleans Parish Prison without consolidation of those issues with this case. Lastly, the States opposes the notice of dismissal proposed by
3

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 4 of 7
plaintiffs’ counsel. The Court is of the opinion that plaintiff's motion should be
granted in part and denied in part. This litigation has been on-going for some number of years. Much
has been accomplished prior to the landfall of Hurricane Katrina. And since that time, the business of operating the Orleans Parish Prison system has changed substantially. That jail is now smaller in scope, many building still not having become operational following the storm.
The needs of the City of New Orleans are still evolving and further systemic litigation of prison issues at this time under the umbrella of this case do not seem needed. Almost one year has elapsed since the motions herein have been filed and nothing further has been forthcoming from plaintiffs' counsel suggestive of the need of further systemic litigation at this time.
The Court is of the opinion that the claims of plaintiff may appropriately be dismissed without prejudice at this time. This does not prevent further litigation from being instigated in the future, should the need arise. Clearly, the inmates housed in Orleans Parish Prison have always maintained the right to file individual civil actions to highlight issues cognizant under 42 U.S.C. § 1983. Indeed, there have been multiple suits dealing with the delay in evacuation of inmates from Orleans Parish Prison
4

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 5 of 7

immediately post the landfall of Katrina.

RECOMMENDATION

For the foregoing reasons, IT IS RECOMMENDED that:

1) all claims enunciated by plaintiffs herein, whether the

subject of a consent decree or not, be dismissed without prejudice.

2) plaintiffs' counsel, the ACLU Prison Project, be

discharged as counsel for plaintiffs herein.

3) all consent decrees setting forth economic

responsibilities between the Sheriff, the City of New Orleans and

the State of Louisiana remain in force and effect until further

orders of the Court.

4) a notice be placed in a conspicuous area on all current

tiers of the jail wherein inmates are housed which shall read as

follows:

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON

CIVIL ACTION # 69-2443

V.

ERNEST N. MORIAL, ET AL.

SECTION: "A", MAG. 5

NOTICE OF DISMISSAL WITHOUT PREJUDICE
The above captioned litigation has been pending in the United States District Court for the Eastern District of Louisiana for some number of years. This case is a class
5

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 6 of 7
action which dealt with allegations that certain conditions at the Orleans Parish Prison fall below minimum constitutional standards prohibiting cruel and unusual punishment.
For several years, portions of this case have been administratively closed by order of the Court. In 2001, the Court administratively closed all issues in the case pertaining to medical care and environmental issues, except for HIV and women's health issues. (Rec. Doc. 1631). In 2004, the Court administratively closed the psychiatric care aspects of the case. (Rec. Doc. 1816).
This notice is to advise you of a Court order dismissing, without prejudice, all claims raised by plaintiffs in this litigation, whether administratively closed or otherwise.
This is no way implicates any claims which you, as individuals, believe you have based upon your personal incarceration in the Orleans Parish Prison.
The Court order executed herein further discharges the ACLU Prison Project as counsel for plaintiffs in connection with the class action litigation known as Hamilton v. Morial.
A party's failure to file written objections to the proposed
findings, conclusions, and recommendation contained in a magistrate
judge's report and recommendation within 10 days after being served
with a copy shall bar that party, except upon grounds of plain
error, from attacking on appeal the unobjected-to proposed factual
findings and legal conclusions accepted by the district court,
provided that the party has been served with notice that such
consequences will result from a failure to object. Douglass v. United Services Auto. Assoc., 79 F.3d 1415 (5th Cir. 1996)(en banc).
6

Case 2:69-cv-02443-LMA-ALC Document 2007 Filed 08/23/07 Page 7 of 7 Hello This is a Test
New Orleans, Louisiana, this _2_3_r_d_ day of _____A_u_g_u_s_t_______,
2007. ALMA L. CHASEZ
UNITED STATES MAGISTRATE JUDGE
7

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al. ,

*

Plaintiffs

*

*

VERSUS

*

*

ERNEST N. MORIAL, MAYOR, et al.,*

Defendants

*

*

************

CIVIL ACTION
NUMBER 69-2443 SECTION "LLM" AND CONSOLIDATED CASES

AMENDED COMPLAINT
Plaintiffs, on behalf of themselves and the certified class
herein, amend all prior complaints in this matter to add Bruce
Lynn, Secretary of the Louisiana Department of Public Safety and
Corrections, and all of his successors in office, as a defendant
herein. Specifically, plaintiffs amend the complaint in Estevez,
et al. v. Foti. et al.. USDC No..88-01162 "K" (5) , and all the cases
consolidated therein, in the following particulars, without waiving
any of the claims which are already made against all defendants in
the Estevez and above-captioned proceedings:
I.
Plaintiffs seek to amend Section IV. defendants to add
Paragraph 18-A which will read as follows:
18- A. Bruce Lynn is Secretary of the Louisiana Department of Public Safety and Corrections. As such, all individuals subject to confinement in a state adult penal or correctional institutions are committed to his responsibility pursuant to LSA-R.S. 15:824 and must be treated in a humane manner pursuant to LSA-R.S. 15:828. Secretary Lynn is legally responsible for many of the prisoners confined in Orleans Parish Prison who are really state prisoners. As such, Lynn has the obligation to provide these prisoners with an environment which meets applicable statutory and constitutional requirements.

II. In all other respects plaintiffs reallege and incorporate by reference all of the allegations of the amended complaint in Estevez v. Foti, USDC No. 88-01162, which allegations apply equally against defendant Bruce Lynn as against all the other defendants.
Respectfully submitted,

Attorriej£_a4i Law

^

Fulton Place - Suite 119

-9TJ1 Convention Center Boulevard

New Orleans, Louisiana 70130

(504) 524-0016

Bar Roll #7769

MARK J. LOPEZ NATIONAL PRISON PROJECT
OF THE ACLU FOUNDATION 1875 Connecticut Avenue, NW #410 Washington, DC 20009 (202) 331-0500 Bar Roll #20100000
JANE JOHNSON TULANE LAW CLINIC 7031 Freret Street New Orleans, LA 70118 (504) 865-5153 Bar Roll #7300

 
 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

dcr

LOUIS HAMILTON, ET AL VERSUS ERNEST MORIAL, MAYOR, ET AL

CIVIL ACTION NUMBER: 69-2443 • SECTION: "LLM" (5)

ORDER IT IS ORDERED that the Stipulation and Consent Judgment entered in the above-captioned matter (Rec. doc. 419} UNSEALED. New Orleans, Louisiana, this / ^ d a y of KS*~^ L^Sl , 1990.

ES DISTRICT JUDGE

Hamilton v. Morial JC-LA-603-004"
OCTI5I93P
mi OF Bfliff

—PROCESS
^.HEARING DOCUMENT

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

LOUIS HAMILTON, et al., *

Plaintiffs, *

v. *

ERNEST N. MORIAL, et al.

*

*

Defendants. *

CIVII. ACTION NO. 69-2443 Section LLM (5) and Consolidated Cases

AGREED ENTRY ON .MEDICAL, CARB This class action, brought on behalf of all present and future offenders of the Orleans Parish Prison, alleges that certain ,' conditions and practices at the institution violate the United States Constitution. The defendants herein are Charles c. Foti, Jr., criminal sheriff of Orleans Parish, Louisiana; Sidney Barthelemy, Mayor of the City of New Orleans; Leonard Simmons, the Chief Administrative Officer for the City of New Orleans; Dor.othy Mae Taylor, Joseph J. Giarrusso, Peggy Wilson, James Singleton, Jackie ClarJcson, Lambert Boissiere, Jr., and Johnny Jackson, ail members of the City Council of the City of New Orleans and Bruce Lynn, Secretary of the Louisiana Department of Public Safety and Corrections. Among the allegations is that the level of medical care at the prison falls below constitutional levels. This agreement resolves this aspect of the case. Although the defendants categorically deny the allegations, they believe it will be in the best interests of the residents of New Orleans and Louisiana—including members of the plaintiff class—for there to be an expeditious, orderly, and comprehensive settlement of this

Hamilton v. Morial

••VIP H

V ••

HH

• • • HH

••

JC-LA-003-005

TOTAL P.20

case without the necessity of a trial. The plaintiffs share this belief. As a consequence, the parties now agree to forego a trial on the merits of the medical issues and to bring this litigation to a conclusion on the medical issue by submitting this Agreed Entry on Medical Care to the Court for its review and ultimate approval.
It is expressly understood that the Sheriff of Orleans Parish agrees to perform the terms of this agreement*
With the full and informed consent of the parties, in order to resolve all claims asserted in this case, but without any acknowledgment or finding of liability or other determination on the merits, the parties and their successors agree to entry of the following as an order of the court.
I. A "Medical Director" shall be designated and employed by Sheriff Foti.
II. This "Medical Director" shall possess medical autonomy as to medical, dental, mental health, and dietetic matters.
III. ORLEANS PARISH PRISON MEDICAL CARE A- Organization of Health. Services 1. The Medical Director shall be board certified,
hold an unrestricted license to practice medicine in Louisiana and shall be experienced in administering institutional health care program. The Medical Director shall be employed full time.
2. The new director's immediate tasks shall be to establish the organization and chain of command for all health care services and to establish liaison with all external (e.g., Charity Hospital, Department of Health, DHH, etc.) and internal (dental,

18. Any inmate housed in the facility for more than one year shall have his or her medical records reviewed by a physician or physician daaignee and, upon recommendation, shall have a physical examination and/or laboratory test as appropriate.
C- Recordkeep ing 19. At admission, a medical record for each inmate
shall be created. This record shall include: a problem list, admission history and physical examination, all laboratory and test results, consultations, progress notes, all clinical encounters, a working problem list, all mental health notes, all dental notes, and a clear notation of allergies. Each progress note should be entered in a standard format (e.g., subjective and objective analysis, assessment . and plan). Refusals of care shall be documented.
20. Medical records shall be stored in a locked area that is not accessible to unauthorized personnel.
21. Records shall be deactivated upon discharge or transfer to another jurisdiction and maintained in a secure location. Readmission of the same person will result in reactivation of their record. Retention shall be according to State law.
22. The Medical Director shall approve all forms and the format of the medical record.
D. Sick 23- sick call shall be made available to all
inmates Monday through Friday by a physician. No request shall

mental health, pharmacy and dietary) medical care services. In establishing the chain of command the Medical Director shall designate someone on the staff as a director of nursing and someone as a medioal administrator.
3. The Medical Director shall establish a system for supervision and clinical accountability, including review of consultations, laboratory tests, special studies, emergency room visits and hospitalizations. This review shall be noted in the medical record. The Medical Director shall approve all health care policies and procedures and review them annually.
4. The Medical Director shall establish monthly on-site continuing medical education, to include initial orientation, for all health care staff.
5. The Medical Director shall supervise the medical services and maintenance of charting systems, statistics and recordkeeping, ordering and maintaining equipment, budget preparation and the personnel system.
6. The Medical Director shall be responsible for collecting, organizing and reporting statistical information on the health care program monthly, statistical information is to include but not be limited to positive and negative tuberculin skin tests, cases of tuberculosis, number of inmates on tuberculosis prophylaxis, positive syphilis earologiee, number treated for venereal diseases, emergency transports, routine transports, number screened and seen at sick call, number of prescriptions filled, number in infirmary care, number hospitalized and length of stay.
TOTGL P.02

copies of all of the above reports shall be furnished to designated representatives of all parties within 10 days of written request therefor and to the court upon being rendered.
7. The Medical Director shall review all monthly reports and analyse all data and make changes in the program as necessary to ensure quality and accessibility of services.
8. In addition to nursing in the infirmaries (set section F), on~site coverage by an R.N- or physician shall be provided 24 hours per day, 7 days per week. A physician shall be on call 24 hours per day. The necessity for a physician on site 24 hoars per day will be reviewed and evaluated every 6 months by the Medical Director.
9. The Sheriff agrees to provide medical personnel coverage in consultation with the Medical Director. All clinios and sick calls will be performed by a physician with assistance from a LPN or RN.
10. All corpsznen shall be appropriately trained and supervised, to include state licensure as an Emergency Medical Technician or other medical assistant.
11. Licenses of all medical personnel shall be up** to-date and maintained in their files.
12. Within 3 months of agreement or consent decree, the Medical Director shall establish a system to regularly review staff responsibilities, documentation of care given, and the quality of oare. Included in the medical staff's personnel files
i> shall be current evaluations of their clinical work and

performance B 15. All new arrestees shall receive medical
screening^ at the time of booking. Those judged in need of medical care will not be accepted in the jail until clearance is provided by a physician.
16. The initial screening shall be done by medical personnel trained in the procedure and approved by the Medical Director. This initial screening shall be available 24 hours per day, 7 days per week, and shall include observations and a directed history to determine acute problems, drug and alcohol use, chronic health problems, chronic mental health problems and suicide risk, medication, allergies and therapies* Vital signs (temperature, pulse rate, blood pressure, and respiratory rate) shall be taken and recorded. All initial screening and dispositions shall be reviewed by a physician within 24 hours. The physician on duty shall be notified of any urgent problems and direct the response.
17. A complete history and physical examination to include assessment of vital signs, neurological system, heart, lungs, abdomen and recent trauma, shall be done on all nev admissions within 14 days. Tuberculin sJcin-testing (or chest x-ray if indicated), urine dipstick for protein, white cell, blood and glucose, a hematocrit, and serological testing for syphilis shall be included. Women will be offered Pap smears, breast examination and pregnancy testing. This assessment shall be done by a physician.

take more than 24 hours to triage. The triage of sick call requests shall be based on a clinical assessment by a physician, registered nurse or licensed practical nurse that includes a brief history and evaluation of vital signs and physical condition. All sick call dispositions will be signed by a physician within 24 hours weekends excepted. The triaging process shall be done in clinical areas only and at a minimum include complete vital signs.
24. Sick call requests and dispositions shall become part of the inmates's medical record. If an inmate requests sick call, but then refuses to appear, a refusal form shall be completed and signed in the presence of medical personnel.
E. Follow-up 25. A follow-up system shall be organized for
inmates with.chronic problems (e.g. hypertension, diabetes, HIV disease), with abnormal laboratory results or with prolonged acute problems (e.g., recovery from surgery, healing of broken bones or muscle injuries).
26. An inmate shall be permitted to refuse a follow-up visit only in the presence of medical staff. The inmate shall sign a refusal fora which shall be placed in his or her medical record. Refusal to sign a refusal form shall be documented and witnessed.
27. If an inmate is unavailable for the follow-up visit, a chart entry shall be made and this shall be noted and the appointment shall be rescheduled.

F. crinje and, .infirmary 28, The examination areas of all clinics shall be
physically arranged as determined by the Medical Director. Each clinic shall have adequate space for records, abdication storage examination tables, ophthalmoscope and blood pressure cuffs. Privacy for confidential examination shall be assured.
2$. Hot water shall be provided in all clinics. 30. Infirmaries shall be established for male and female inmates- Admission will be by physician order only. The infirmaries shall have 24-hour nursing coverage. Daily bedside visitation by a physician shall be available and progress notes made for all visits. The nurse shall have access to observe and monitor the infirmary inmates 24 hours per day. The inmates will have access to urinals and toilets 24 hours per day. For inmates not in direct view, a buzz&r or alert system shall be installed and maintained. 31. All inmates in the infirmaries shall have a bed, mattress and appropriate clean bedding linens. 32. The wheel chair bound patients should have infirmary housing that is wheel chair compatible (i.e., ramps for bathroom, toilets, shower, etc.). 22(a). The Medical Director shall establish appropriate medical isolation areas for persons with airborne infectious diseases. 32(b). Physical therapy, as prescribed by a physician/ laboratory work, and x-ray services shall be available on a timely basis. 33. A medical reference library shall be available to include but not be limited to general medical and surgical texts. Physician Desk Reference/ emergency medical care reference and obstetrical-gynecological texts. 34. Special dieta shall be available for all
8

inmates as medically needed and prescribed by the physician- All
menus will b<a reviewed by a dietitian at least every six months.
35. Portable emergency response bags containing
blood pressure cuff, tourniquet, bandages and medication as
determined by the Medical Director should accompany all medical
responses for emergency care in housing areas. Also available in
tha institution shall be portable stretchers, neckbraees, portable
oxygen, aabu-bag and IV fluids.
G. Emergency Staffing and Procgdureg
3€. There shall be 24-hour on-site medical coverage
available to all inmates of the Orleans Parish Correctional system.
37. The policy manual shall contain a clearly
written emergency response plan, ambulance and hospital backup
procedure and disaster response plan.
38* Within 12 months of agreement or consent decree,, all health care staff shall have current BLS certification with documentation kept on file. During each 24 hour period there shall be one ACLS certified person on duty at all times in the Orleans Parish Prison System.
39. The following equipment shall be maintained in • working order: defibrillator with monitor, one only, portable oxygen, £KG machine, emergency medicines, a portable emergency response bag, intubation equipment, central intravenous line equipment, intravenous catheters, intravenous solutions, hand-held peak-flow meter, ambu-bag, and tracheotomy equipment.
40. The defibrillator and monitor and emergency supplies and equipment shall be monitored and documented at least monthly. The oxygen tanks shall be checked for proper functioning daily.

41. The Medical Director will develop policies regarding emergency runo to hospitals.
H. Consultation*; and Referrals 42. The sheriff shall provide adequate correctional
staff so that the inmates are transported as scheduled to consultation services. It is the City's position that the cost of such staff should not be deemed a medical expense for purposes of this litigation. The Sheriff's position is that the cost of such staff is a medical expense. This issue is not resolved by this agreement.
43. All consultations shall bfi returned with appropriate documentation of finds and recommendations if made. A physician shall promptly review the -consultations and initiate orders either noting, modifying or approving the consultancys recommendations.
44- Non-acute special studies and procedures shall be completed in a timely fashion.
I. Pharmacy 45- Pharmacy services shall be utilized daily to
dispense medicines. All administration of medication shall be done by medical staff, designated by the Medical Director, who have completed a training program. Prescribed medication shall be administered in a timely basis.
46. The medical record shall reflect allergies, medication usage, drug reactions and drug interactions.
47. A formulary shall be maintained and a method established for access to non-formulary items*
48. "Floor stock" shall be available 24 hours per
10

day for dispensing medications (i.e., insulin, hypertension medication, antibiotics) needed prior to the next routine filling of prescriptions.
49. Vaccines shall be made available on physician order.
J« Women's Health Nafds so. All pregnant women shall receive prenatal care
according to protocols developed and approved by an obstetrician. Physician care shall be provided at the prison.
51. All pregnant inmates shall receive nutrition supplements and diet as prescribed by the treating physician.
52. The Corrections administration shall provide pregnant inmates with housing assignments, appropriate exercise and reduced work schedules as recommended by the treating physician. Housing must provide 24-hour a day access to a toilet. Pregnant inmates shall not be assigned to an upper bunk or to a mattress on the floor.
K* HIV Disease 53. Innate9 who have been clinically diagnosed as
being HIV positive shall be evaluated and followed according to the current evaluation and treatment guidelines in effect at Charity Hospital.
54. Upon physician recommendation an inmate shall b* screened for HIV disease. Upon receiving the results of HIV tests, inmates shall receive post-test counseling from health care professionals trained to provide this service. Medical files
11

containing HIV positive diagnosis shall not be accessible to nonnodical personnel.
55» Every inmate shall receive educational materials and counseling on HIV disease and have access to an ongoing risk reduction program.
56. During orientation there shall be educational sessions for the Sheriff«s staff (i.e*, the deputies) on HIV and other communicable diseases.
57. If Aerosolized pentamidine is provided on physician*s order, a room -that is properly ventila.ted to the outside must be provided.
L. Disciplinary Segregation 58. Health care personnel shall visit and screen
for sick call, in disciplinary areas daily and record the visits. Jt. Quality Assuxanpe 59. Within 12 months of agreement or consent
decree, the Medical Director shall establish a program of objective evaluation and documented corrective action for the health services, including clinical medical records, mental health, pharmacy and therapeutics, morbidity and mortality and infection control.
60. within 12 months of agreement or consent decree, a policy and procedure manual for the health services shall be developed and signed by the Medical Director* This manual Shall be reviewed by the Director at least yearly. The policy and procedure manual shall include a specific written quality assurance
12

plan, emergency response plan, sicfc call, and follow-up plan. An infirmary routine shall be included as well as protocols for coauoonly treated diseases («*•<?., tuberculosis, hypertension, diabetes, seizure disorders, gonorrhea and syphilis). There shall also be a policy and plan for obstetrical care.
P. Imp^ffflenta^ion. ppapliance. Monitoring, and Other
61. Implementation will be the function of the Medical Director. Progress shall be reviewed at quarterly intervals (or more frequently if necessary) by a court appointed expert until such time as the program achieves accreditation from the National Commission on Correctional Health care. *o f****-
62. The Court shall retain active jurisdiction and^^JJ supervision of this case for a period of at least two years from the time this agreement is entered as an order. At that time, Court shall terminate supervision and transfer this case to its inactive docket unless the plaintiffs move for the continuation of jurisdiction and active supervision due to an alleged failure by defendants to fully implement and comply with the terms of this agreement. In that event, there shall be a hearing to determine whether or not jurisdiction and supervision shall continue. If the Court determines not to close the case, it shall retain jurisdiction until this agreement is fully implemented and compliance has been demonstrated by the defendants in all substantive areas. At such time, the defendants may move the Court to terminate its supervision and transfer this case to the inactive docket, subject to plaintiffs moving at a later time for
13

reinstatement of this action based upon an alleged failure by defendants to maintain compliance with the terms of the decree and underlying agreement. However/ prior to initiating any court action to revive the case, plaintiffs1 counsel shall bring any allegations of non-compliance to the attention of the defendants* counsel so that the parties can first attempt in good faith to resolve all such disputes between themselves.
63. All parties shall be notified in advance of any attempt to modify the court decree that implements this agreement. The parties shall then attempt to resolve all disputes concerning the proposed modification(s) before resort is made to the Court.
64. Beginning April 1, 1991, the Sheriff shall provide to the Court and all parties written progress reports detailing the steps taken to comply with the respective provisions of this Agreed Entry on Medical care. The reports shall be made every four (4) months for the first year and every six (6) months thereafter until the Court's jurisdiction over this case ends.
65. The existing complaint in this action, which was drafted prior to the completion of discovery, does not raise a number of issues that are addressed and resolved by this agreement. To avoid the necessity of again amending the complaint in order to reflect the full scope of this case, the complaint shall be deemed or treated as though it has been amended to cover all of the issues contained in the agreement.
66. The parties to this agreement shall promptly submit to the Court for its approval and entry a consent decree.
14

67. The parties, shall attempt to negotiate a settlement on attorneys' fees and costs. However, should the parties be unable.to reach a settlement as to attorneys1 fees and costs within 60 days of entry of the decree, the matter shall be submitted to the Court for its determination; provided, however, that this tine period may be extended by stipulation of the parties if approved by the Court. All defendants deny any liability for any other parties attorney's fees or costs and reserve their rights to litigate these issues and the issue of "prevailing party," Bruce Lynn takes the position for the reasons stated in his 12(b) (6) motion that he is not liable for attorney's fees. All other parties disagree with this position.
. 6a. Implementation of this agreement will begin January 1, 1991- Full implementation of this agreement will be accomplished by June 1, 1991. That Medical Director shall be in place by March 1, 1991 and shall file a report by April 1, 1991 detailing progress toward full implementation. The relief contained in the interim medical program set forth in the joint Motion for Continuance entered into in August, 1990, shall continue until January l, 1991. The Sheriff shall employ a full time Medical Director on or before February 1, 1991. If the Sheriff is unable to obtain the service of a Medical Director by said date, he shall report this to all parties and seek an extension from the Court. From January l, 1991 to the date of hiring the permanent Medical Director the Sheriff shall employ a full time interim
15

Medical Director who may meet all or part of the qualifications set forth herein, and shall continue the screening program currently in effect.
&9. Funding of this program by the City of New Orleans will commence on January 1, 1991 and funding of this program by the state of Louisiana will commence on January 1, 1990. Funding shall be as follows:
The City of New Orleans will provide $1,000,000-00 operational funds and $200,000.00 capital funds for the calendar year 1991. The operational funds will be payable in equal monthly installments starting January 1*__1291 and the Jy y^ capital funds will be payable on February X, STATE
The State recognizes that a portion of this plan will be funded by funds paid to the Criminal Sheriff for reimbursement: of medical expenses paid in accordance with IA-R.S* 15:824. Additionally, pursuant to IA-R.S. 15:824, the State will continue to reimburse the Criminal Sheriff of Orleans Parish for actual medical expenses incurred in treating those prisoners sentenced to the custody of the Louisiana Department of Public Safety and Corrections who are in the physical custody of the criminal Sheriff of Orleans Parish.
The State agrees that beginning January 1, 1991 and for the balance of the fiscal year ending July 30, 1991, the reimbursement to sheriff Fotx shall be $2.00 per day per state
16

inmate housed by Sheriff Foti. Payments will be made nonthly. The State and the criminal Sheriff of Orleans Parish agree that credit will be given to the State for funds previously expended in FY 1990-1991 for medical care provided to state inmates. This credit will not decrease the $2.00 per innate per day payment to be made from January 1, 1991 to June 30, 1991.
For fiscal year 1991-92, the State of Louisiana through the Division of Administration will support and place in the Executive Budget for that fiscal year a recommendation that there be appropriated for payment of thi* reimbursement funds equal to $2.00 per day per state inmate housed in the OPPS during that fiscal year.
The Department of Public Safety and Corrections through Charity Hospital New Orleans (CHNO) will continue to provide medical services to those inmates in need of emergency care and hospitali«ation only.
However, the Department of Public Safety and Corrections through CHNO will not continue to provide laboratory work, xray services, physical therapy, pharmacy, or any other specialty services for inmates except in emergencies.
The Department of Public Safety and Corrections will continue to provide medical services for chronically ill state inmates until such time as they can be expeditiously transferred into the physical custody of the Department of Public Safety and corrections.
17

The Department of Public Safety and Corrections through CHNO will continue to provide medical services at CHNO specialty clinics to those inmates in need of emergency medical treatment at those specialty clinics, but not for routine out-patient treatment.
Referrals to CHNO must abide by its medical staff and hospital protocol and policies.
All medical services provided prior to this agreement to inmates other than State inmates will not be affected by this agreement.
In the event Charity Hospital in New Orleans fails to provide the services outlined above, the State shall, on a monthly basis, reimburse to the Sheriff the full costs of providing these services, supplies and medications in addition to the $2.00 per day per inmate payment set forth hereinabova.
70. If the parties cannot raach an agreement as to funding after December 30, 1991 (City) and June 30, 1991 (State), hearings on these issues will be scheduled by the Court. These hearings will be completed sufficiently in advance of the cut-off dates of December 30, 1991 and June 30, 1991 so as to avoid any interruption of funding by th« City or the State.
71. The Sheriff shall maintain records of financial expenditures for the program in such a manner as to allow a financial audit with respect thereto. The City and State shall have the right to audit these financial records.
72. The plaintiffs herein do not, by signing this
18

judgment, endorse or approve the funding levels to be paid by the

City and State. The plaintiffs approve only the program and

reserve all rights to enforce the program and the terms of this

agreement even if the levels of funding provided for herein prove

to be inadequate or are not funded by the City and or the State.

73, Th« Sheriff is aware of and in agreement with

the plan set forth in this document. He is also aware of the

funding provided for herein and believes, in good faith, that the

funding provided to him is sufficient to implement the program

described above. Agreed to this ^®

day of /^^Et*<v***<'V--1990.

William P.yQuigley e J i Fultson Place—Suite lT9r]— *
Convention Center Blvd. New Orleans, LA 70130 (504)524-0016 Bar Roll #7769
7v
Mark J. Lopez Bar Roll #20100000 Elizabeth Alexander Edward I. Koren National Prison Project of tha ACLU Foundation 1875 Connecticut Avenue N.W., $410 Washington, DC 20009 (202) 234-4830
Attorneys for Plaintiffs
r

19

Dennis stine Commissioner of
Administration
Charles c. Fotfi, Jr. Criminal Sheriff,
Parish of Orleans
Leonard D. Simmons, Jr. Chief Administrative Officer City of New Orleans

Chief, Division Of Risk Litigation P.O. BOX 94095 Baton Rouge, LA 70804
Ryan P. Sefrod, Jr. (SCBRf 14432) Spex&al Assistants Attorney General Ryan fi Willeford 201 St. Charles Avenue, suite 3701 New Orleans, LA 70170-3701 (504) 583-1280
Arthur Stallworth Assistant Attorney General Louisiana Department of Justice 626 N. Fourth Street Baton Rouge, LA
Attorneys for Secretary Bruce Lynn
T. Allei Freeman R« Matthews Usry & Weeks 2000 Veterans Memorial Blvd.
Suite 180
Metairie, LA 70002
(504) 833-4600
Attorneys for Sheriff Charles c, Foti, Jr.
Brett Prendergast Deputy city Attorney City Hall - Room 2W23 1300 Perdido street New Orleans, LA 70112 (504) 565-6222
Attorney for the Mayor, Chief Administrative Offic* and the City Counsel for the City of Mew Orleans
20

 
 H P R - 1 2 - 1 9 9 1 09=23 FROM

TO

3.T02Z3-1 JSSQ P. 02

UKZTSD STATX0 DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAX2LTCK, at al, VttSUS
H. MORIAL, MA20R, at al.

CIVIL ACTION
KtfXBSR 69-2443 and eonsolidatad oasas
tlCTXOK

All partlas plaintiff and dafandant harato, appearing barain through undarsignad eounaal/ haraby atipulata and agraa that modifications and ohangas ara naoa««ary with raapaot to tha currant systam of dalivary of psychiatric sarvioaa to all parsons inoa?oarat«d in the orlaans Pariah Prison Syatam* Accordingly, tha partias haraby stipulate and agraa that thara !• no nacassity for conduotina; a trial on Xay X, 1991/ as sehadulad, with ragard to tha naoasalty of modifications and ehangaa in tha currant «y*tam of dalivery of psychiatric sarvicas. Tha partias furthar stipulata and agrae that they will submit to tha Court by April 26/ 1991 a proposad plan which w i n incorporate modifications and ohanga* to tha currant system of dalivary of psychiatric sarvioas which plan will hava baan raviavad and approvad by tha attomays for tha plaintiff* and dafandants. If agraanant is raachad with raapaot thsrato by all partias tha plan shall ba submlttad to tha Court for approval and adoption as an ordar of tha Court. Tha partias furthar haraby stipulate and agraa that if they ara unabla to arrlva at an agroaaent with raspact to a propoaad plan to ba
1

F T P R - 1 2 - 1 9 9 1 0 9 = 2 3 FROM v&L

TO

31DZ2Z-i~=^o

P.3

submitted to th« court for issuance as * court order, then en May 1, 1991/ the Court will prooeed forward to hear evidence only with regard to the typ« and extant of modifications and ohangee which should b* made In tha dalivery of psychiatric services, the issua of tha n««d for sueh modifications and ehangas bain? p*«ttrnlttad by this stipulation.
it is further stipulatad and agreed by all parties that the parties do not, by signing this stipulation, agree to any proportional responsibility, legal, factual or financial* for the aforedescribed need for and inpleaentatlon of aodifioations and changes in the delivery of psychiatric services. The parties expressly reserve for a later determination the percentage, if any, of lagal, factual or financial responsibility that may be appropriate as to any party with respect to the need for end implementation of modifications and changes in this system of delivery of psychiatric services.
All parties agree that all rights of all parties defendant to contest an award, if any, of attorney fees and costs of plaintiffs are hereby reserved.
Respectfully submitted, TORY & V8XX8

Bar Roll tfo< Suite ISO, 3*00

VeteransvBlvd.

P.O. Box t»4S

xetairle, Louisiana 70009-6645

Telephonei (804) 899-4600

Attorneys for Sheriff ?oti

RPR-12-1991 09:24 FROM ~tCITY «TT0WCY'S OFT-
/

T0

' 32022344390 p.04

P.4

Brett j . f r ^

Bar Roll MO. 3.7758

Deputy Clerk Attorney

1300 Ferdido ftr*«t

Rooa awaa • city H»II

K«V O»l**n», LouiftiAAA 70112

Tlh

(B04) 5$5f333

Attorney, ior All City Dof«n<unt*

Mark J. Lopos Bar noil x»* 30100000 Kitional prison Proj«ot Of tht ACLO l i l t 7 ttr**t Tm, «uit* 340 V h i t D.C. aoO3<
Attorney for flalntlffs

jotopb •rvlij kept*

As«l«tant Attorney

Bar loll 17140

Louisiana Dopartaont of Ju»tic«

Oiviiion of Risk Litigation

?.o, Box UQ*B, capltoi station

Baton Rouge, Louisiana 70I04-909B

Tlh

(804) 343-S498

Attorney for ttmte Defen<Unt»

Hamilton v. Morial

HH

H

H •• • • • • ^ ^ * ^ ^ • • • •

JC-LA-003-006

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

LOUIS HAMILTON, et al., Plaintiffs,
v. ERNEST N. MORIAL, et al.,
Defendants.

CIVIL ACTION NO. 69-2443 Section LLM (5) and Consolidated Cases

ORDER

AND NOW, this (Q<ft day of

1991, upon consideration of

plaintiffs' Motion to Approve Settlement, it is hereby ordered that

the attached Notice of the Agreed Entry on Medical Care shall issue

in the manner agreed to by the parties and as specified in the

Motion which is the subject of this Order. It is further ordered

that the time for filing objections to the proposed settlement with

the Court will end

991, and that the Court will, if

necessary, convene a hearing to consider those objections

10.(99/
Date /

United STtate's District Judge

Hamilton v. Morial
™

IK THE UN1*£D STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, «t al., Plaintiffs,
v.
ERNEST H. KORIAL, et Al. Defendants.

CIVIL ACTION KO. 69*2443 Section LLH (5) And Consolidated Cases

?"?• £?.TFV C r WTDTCA,L CARE
This class action,fcrcurhten b«un&2f of all present and future offenders of the Orleans Parish Prison, alleges that certain conditions and practices at the institution violate the United States Constitution. The defendants herein are diaries C. Foti, Jr., Criminal Sheriff of Orleans Parish, Louisiana; Sidney Barthelez^y, Mayor of the city of Kew Orleans; Leonard Slmnons, the Chief Adsiinistrative Officer for the City of New Orleans; Dorothy Kae Taylor, Joseph J. Giarrus»o, Peggy Wilson, Jajnes Singleton, Jackie ClarJoson, LarJ^ert Boissiere, Jr., and Johnny JacXson, all pwabers of the City Council of the City of Nev Orleans and Bruce Lynn, Secretary of the Louisiana Department of Public Safety and Corrections. Among the allegations is that the level of medicalcare at the prison falls below constitutional levels. This agreement resolves this aspect of the case. Although the defendants categorically deny the allegations, they believe it will be in the best interests of the residents of Nev OrlA&nc and Louisiana—including ae&bers of the plaintiff class—for thvre to be an expeditious, orderly, and cooprehensive settlement of this

TOTAL

case without the necessity of a trial. The plaintiffs share this

belief. As a consequence, the parties now agree to forego a trial

on the merits of the nedlcal Issues and to bring this litigation to

a conclusion on the medical issue by submitting this Agreed Entry

on Medical Care to the Court for its review and ultimate approval.

It is expressly understood that the Sheriff of Orleans Parish

agrees to perfora the terns of this agreement*

Kith the full and informed consent of the parties, in order to

resolve all claios asserted in this ca.se, but witnaut any

acknowledgment or finding of liability cr other detenrinatisn en

the merits, the parties and their successors agree to entry of the

JTolloving as an order of the court. I. A "Medical Director1* shall be designated and employed by

Sheriff Foti.

II. This "Medical Director" shall possess medical autonomy as

to medical, dental, mental health, and dietetic natters.

211. ORLEANS PARISH PRISON MEDICAL CARE

A. Organization of Health .S.erv;ic.es.

1. The Medical Director shall be board certified,

hold an unrestricted license to practice medicine in Louisiana and

shall be experienced in administering institutional health care

program. The Medical Director shall be employed full time.

2. The new director's immediate tasks shall be to
'i

establish the organization and chain of command for all health care

services and to establish liaison with all external (e.g.. Charity

/

Hospital, Department of Health, DHH, etc.) and inteerrnnaall (dental, ^

cental health, phamacy and dietary) B«dical care services. in establishing the chain of command the Medical Director shall designate soaeon* on the staff as a director of nursing and someone as « aedical administrator.
3. The Medical Director •hall establish a system for supervision and clinical accountability, including review of consultations, laboratory tests, special studios, emergency rooa visits and hospitalizations. This review shall be noted in the aedical record. The Medical Director shall approve all health care policies and procedures and reviev then annually.
4. The Medical Director shall establish monthly '--.-site continuing medical education, to include initial orientation, for all health care staff.
S- The Medical Director shall supervise the medical services and maintenance of charting systems, statistics and recordfceeping, ordering and naintaining equipment, budget preparation and the personnel system.
6. The Kedical Director shall be responsible for collecting, organizing and reporting statistical information on the health care prograa monthly. Statistical information is to include but not be limited to positive and negative tuberculin skin tests, cases of tuberculosis, number of inmates on tuberculosis prophylaxis, positive syphilic carologlee, number treated for venereal diseases, emergency transports, routine transports, nuaber screened and seen at sick call, number of prescriptions filled, number in infirmary care, number hospitalized and length of stay.

copies of all of the Above reports Shall be furnished to d«»ignate<3 representatives of all parties vithin 10 days of written request therefor and to the court upon being rendered.
7. The Medical Director shall review oil nonthly reports and analyee all data and aaXe change* in the program as necessary to ensure quality and accessibility of services*
8. In addition to nursing in the infirmaries (se« section T), on-site coverage by an R.K. or physician shall be provided 24 hours per day, 7 day* per veeJc. A physician shall be on call 24 hours per day. The nec€«sity for a physician on cite 24 tours -per day will be revieved and evaluated every 6 Eor.ths by the Medical Director.
9. The Sheriff agrees to provide sxadical personnel coverage in consultation with the Medical Director. All clinics and sick calls vill be performed by a physician with assistance froa a LPN or us.
10. All corpsr.en shall be appropriately trained and supervised, to include state licensure as an Emergency Medical Technician or other medical assistant.
11. Licenses of all medical personnel shall be upto-date and aaintained in their files.
12. Within 3 aonthe of agreement or consent decree, the Medical Director snail establish a system to regularly review staff responsibilities, documentation of care given, and the quality of care. Included in the aedical staff's personnel files shall be current evaluations of their clinical work and

performance. B. 15. All new arrestees shall receive nedical
screening, at the tiae of booking. Those judged in need of »edical care will not be accepted in the jail until clearance is provided by * physician.

16. The initial screening shall be done by sedical personnel trained in the procedure and approved by the Medical Director. This initial screening shall be available 24 hours per day, 7 days per week, er.d ehell include observations and a d:~, history to dereraine acute probleas, drug and alcohol use, chronic health problens, chronic mental health probleas and suicide risk, medication, allergies and therapies. Vital signs (tenperature, pulse rate, blood pressure, and respiratory rate) shall be taXan and recorded. All initial screening and dispositions shall be reviewed by a physician within 24 hours. The physician on duty shall be notified of any urgent problems and direct the response.

17. A complete history and physical examination to include assessment of vital signs, neurological systea, heart, lungs, abdoaen and recent trauma, shall be done on all nev admissions within 14 days. Tuberculin skin-testing (or chest x-ray if Indicated), urine dipsticX for protein, white cell, blood and

glucose, a hematocrit, and serological testing for syphilis shall b« included. Worsen will be offered Pap exaears, breast exaaination

and pregnancy testing. physician.

This assessment shall be done by a

,_—N,
18. Any inmate housed in the facility for more than one year shall have his or her medical records reviewed by a physician or physician dacignee and, upon recommendation, shall have a physical examination and/or laboratory test as appropriate.
C. Recordkeep ir^g 19. At admission, a medical record for each inmate
shall be created. This reoord shall Include: a problem list, admission history and physical examination, all laboratory and te«t results, consultations, progress notes, all clinical encounters, a verfcing prcbler list, all mental health notes, all dental notes, and a clear notation of allergies. Each progress note should be entered in a standard format (e.g., subjective and objective analysis, assessment . and plan). Refusals or care ahall be documented.
20. Kedical records shall be stored in a locXed area that is not accessible to unauthorized personnel.
21. Records shall be deactivated upon discharge or transfer to another jurisdiction and maintained in a secure location. Readmiseion of the same person will result in reactivation of their record. Retention shall be according to State lav.
22s The Medical Director shall approve all forms and the format of the medical record. \
D. Sick 23. Sick call shall be made available to all
inmates Monday through Friday by a physician. No request shall

take sore than 24 hours to triage. The triage of sick call requests shall be based on a clinical assessment by a physician, registered nurse or licensed practical nurse that includes a brief history and evaluation of vital signs and physical condition. All sick call dispositions vill be signed by a physician vithin 24 hours weekends exceptad. The triaging process shall be done in clinical areas only and at a ainiaua include complete vital signs.
24. Sick call requests and dispositions shall become part of the inmates's medical record. If an inmate requests sick call, but then refuses to appear, a refusal torz. shall be completed and signed in the presence of medical personnel.
E. Follov-up 25. A follov-up system shall be organifed for
inmates with chronic problems (e.g. hypertension, diabetes, HIV disease), with abnormal laboratory results or with prolonged acute probleas (e.g., recovery from surgery, healing of broken bones or ousele injuries).
26. An inmate shall be permitted to refuse a follow-up visit only in the presence of medical staff. The innate shall sign a refusal form vhich shall be placed in his or her medical record. Refusal to sign a refusal form shall be documented and witnessed.
27. If an inmate is unavailable for the follov-up visit, a chart entry shall be maadd<e and this shall be noted and the appointment shall be rescheduled.

Cl injt: and 28. The examination areas or all clinics shall be physically arranged as determined by the Medical Director. Each clinic shall have adequate space for records, medication storage examination tables, ophthalmoscope and blood pressure cuffs. Privacy for confidential examination shall be assured. 29. Hot water shall be provided in all clinics. 3C< Infirmaries shall be established for stale and female inmates. Admission vill be by physician order only. The infirmaries shall have 24-hour nursing coverage. Daily bedside visitation by a physician shall be available and progress notes Bade for all visits. The nurse shall have access to observe ana t-nitor the infirmary inr.ates ZA hours per day. Tr.-a inrstfes vill have access to urir.als and t e i l ^ s 24 hours per dey. For inr.at.es r.ct in direct viev, a buscer or alert eyster. ehall be installed and
31. All inmates in the infirmaries shall have a bed, mattress and appropriate clean bedding linens.
32. The wheel chair bound patients should have infirmary housing that is wheel chair compatible ci-e., rax:ps for Jbathroon, toilets, shower, etc.).
32 (a). The Kedical Director shall establish appropriate medical isolation areas for persons with airborne infectious diseases.
32(b). Physical therapy, as prescribed by a physician, laboratory work, and x-ray services shall be available on a tinely basis.
33. A medical reference library shall be available to include but not be limited to general nedical and surgical texts, Physician Desk Reference, emergency medical care reference worfcs, and obstetrical-gynecological texts.i
34. Special diets Shall be available for all
e

inmates as medically needed and prescribed by the physician. All
menus will be reviewed by a dietitian at least every six months.
35. Portable emergency response bags containing
blood pressure cuff, tourniquet, bandages and medication as
determined by the Kedical Director should accompany ell aedical
responses for emergency care in housing areas. Also available in
the institution shall be portable stretchers, neckbraces, portable
oxygen, «abu-bag and IV fluids.
G. Zr-erqsncy ^taffina anc? Procedures
3C. There shall be 24-hour on-site cadical ej?v*racre
-available to all innates of the Orleans Parish Correctional sy£ta=..
37. The policy manual shall contain a clearly
vritten emergency response Flan, ambulance and hospital backup
procedure and disaster response plan. 38. Within 12 months of ftg-reeaenc or consent
decree, all health care staff shall have current BLS certification with documentation kept on file. During each 24 hour period there shall be one ACLS certified person on duty at all times in the Orleans Parish Prison System.
39. The folloving ecfjipr.e.tt shall be maintained in vcrJcing order: defibrillator with monitor, one only, portable oxygen, EKC machine, energency medicines, a portable emergency response bag, intubation equipment, central intravenous line eq-uipaent, intravenous catheters, intravenous solutions, hand-held peak-flow meter, ambu-bag, and tracheotomy equipment.
40. The defibrillator and. monitor and emergency supplies and equipment shall be monitored arid documented at least monthly. The oxygen tanks shall be checked for proper functioning
iaily.

41. The Medical Director will develop policies regarding oaergency rune to hospitals.
31 • Consul tatuons and 42. The Sheriff shall provide adequate correctional
staff so that the inaates are transported as scheduled to consultation services. It is the City's position that the cost of such staff should not be deemed & Aedioa.1 expense for purposes of this litigation. The Sheriff** position is that the cost of such staff is a inedical expense. This issue is not resolved by this agreement..
42. All consultations shall be returned with appropriate documentation of finds and recommendations If jnade. A physician shall promptly review the consultations and initiate orders either noting, modifying or approving the consultant's recommendations.
44. Non-acute special studies and procedures shall be completed in a tirsely fashion.
I. 4S- Pharaacy services shall be utilised daily to
dispense medicines. All administration of medication shall be done by laedical staff, designated by the Medical Director, who have completed a training program. Prescribed dedication shall be administered in a timely basis.
46. The medical record shall reflect allergies, dedication usage, drug reactions and drug interactions.
47. A foraul&ry shall be maintained and a method established for access to non-foraulary items.
48. *«©or •t©c)c« «hall b« available 24 hours per
10

P. 06
inmates as medically needed and prescribed by the physician. XI1 anenufl will be reviewed by a dietitian at least every »ix months.
35. Portable emergency response bags containing blood pressure cuff, tourniquet, bandages and nedication as determined by the Kedical Director should accompany all aedical responses for emergency care in housing area*. Also available in the institution shall be portable stretchers, neekbraces, portable oxygen, ambu-bag and IV fluids.
G. Emergency Staffing a^ri Prpceflpres 36. There shall be 24-hour cn-site r.e.dics.1 csv-r -.
available to all ina&tes of the Orleans Parish Correctional syszfei. 37. The policy manual shall contain a clearly
vritten emergency response plan, arcbulance and hospital bac)cup procedure and disaster response plan.
38. Within 12 months of agreement or consent decree, all health care staff shall have current BLS certification vith documentation kept on file.
39. The following eguipnsnt shall be maintained in working order: defibrillator vith monitor, one only, portable oxygen, EKG machine, energency inedicines, a portable eaergency response bag, intubation equipment, central intravenous line equipment, intravenous catheters, intravenous solutions, hand-held peak-flow »eter, ambu-bag, and tracheotomy^ equipment.
•4 0. Emergency supplies and equipment shall be
monitored and documented at least monthly. The oxygen tanks shall be checked for proper functioning daily.

•
41. Tbe Hedical Director will develop policies regarding emergency runs to hospitals,
B. Conaultaftipns 42. The Sheriff shall provide adequate correctional
so that the inmates are transported as scheduled to consultation services. It is the City*s position that the cost of such staff should not be deesed a nedical expense for purposes of this litigation. The Sheriff's position is that the cost of such staff is a medical expense. This issue is not resolved by this agreese^c.
43. All consultations shall be returned vith appropriate documentation of finds and recosunendations if made. A physician shall review the consultations and initiate orders either noting, modifying or approving the consultant's recommendations.
44. Non-acute special studies and procedures shall be completed in a timely fashion.
I- JPharr.acy 45. Pharmacy services shall be utilized daily to
dispense oedicines. All administration of dedication shall be done by xaedical staff, designated by the Xedical Director, who have completed a training prograo. *
46. The medical record shall reflect allergies, dedication usage, drug reactions and drug1 interactions.
47. A fonaulary shall be naintaintd and a nethod established for access to non-formulary itenc.
48. "Floor stock" shall be available 24 hours per
10

day for dispensing sedioations (i.e., insulin, hypertension ne<3 i cat ion, antibiotics) needed prior to the next routine filling of prescriptions.
49. Vaccines shall be made available on physician order.
J. Women's 50. All pregnant women shall receive prenatal care
according to protocols developed and approved by an obstetrician. Physician care shall be provided at the prison.
51. All pregnant inmates shall receive nutriti cr« supplements and diet as prescribed by the treating physician.
52. The Corrections administration shall provide pregnant insates vith housing assignments, appropriate exercise and reduced work schedules as recoxcaended by the treating physician. Housing oust provide 2<-hour a day access to a toilet. Pregnant instates shall not be assigned to an upper bunJc or to a mattress on the floor.
X. HIV Disease 53. Incates who have been clinically diagnosed as
being HIV positive shall be evaluated and followed according to the current evaluation and treatment guidelines in effect at Charity Hospital.
54. Upon physician recommendation an Innate shall be screened for HIV disease. Upon receiving the results of HIV tests, inmates shall receive post-test counseling froa health care professionals trained to provide this service. Kedical files
11

containing HIV positive diagnosis shall not be accessible to nonB&dical personnel.
55. Every in&at* shall receive *.ducatioruil aaterials and counseling on HIV disease and have access to an ongoing risK reduction prograa.
56. During orientation there shall be educational sessions for the Sheriff's staff (i.e., the deputies) on HIV and other communicable diseases.
57. If Aerosolized pentaaidine is provided on physician's order, a rcoz. that is properly ventilated to the outside aust be provided.
!»• Disciplinary Segregation 58. Health care personnel shall visit and screen
for sick call in disciplinary areas daily and record the visits. K. Quality Assurance 59. Within 12 months of agreenent or consent
decree, the Kedical Director shall establish a program of objective evaluation and documented corrective action for the health services, including clinical oedical records, mental health, pharmacy and therapeutics, morbidity and mortality and infection control.
60. within 12 aonths of agreement or consent decree, a policy and procedure aanual for, the health services shall be developed and signed by the Medical Director. This manual shall be reviewed by the Director at least yearly. The policy and procedure aanual shall include a specific written quality assurance
12

plan, emergency response plan, cick call, and follov-up plan, hn infirmary routine shall be included as well as protocols for coaaonly treated diseases (e.g., tuberculosis, hypertension, diabetes, seizure disorders, gonorrhea and syphilis). There shall also be a policy and plan for obstetrical care.
P. Implementation. Conplfance. Monitoring., and Qther
61. Xwplenentation vill be tfie function of the Medical Director. Progress shall be reviewed at quarterly intervals Cor core frequently if necessary) by a court c^peinted
until such time as the program achieves accreditation fror. the National Cossissicn on Correctional Health care. *£ f <*-H- a.
62. The Court shall retain active jurisdiction and^Jl^ supervision of this case for a period of at least two years trom the tine this agreement is entered as an order. At that time, the0-f "tt*. Court shall terminate supervision and transfer this case to its "ttU. Cjy inactive docket unless the plaintiffs move for the continuation of jurisdiction and active supervision due to an alleged failure by defendants to fully impleaent and comply with the terms of this^^j agreement. In that event, ther« shall be a hearing to determine whether or not jurisdiction and supervision shall continue. If the Court determines not to close the case, it shall retain jurisdiction until thic agreement is fully implemented and compliance has been demonstrated by the defendants in all substantive areas. At such time, the defendants nay move the Court to terminate its supervision and transfer this^oase to the inactive docket, subject to plaintiffs moving at a later tiae for
13

vreinstateoent of this action based upon an alleged failure by-

defendants to maintain compliance vith the terms of the dacrae and

underlying agreement. However, prior to initiating any court

action to revive the case, plaintiffs' counsel shall bring any

allegations of non-compliance to the attention of the defendants'

counsel so that the parties can first attempt in good faith to

resolve all such disputes between themselves.

63. All parties shall be notified in advance of any

attempt to modify the court decree that implements this agreenent.

The parties shall then attempt to resolve all disputes concerning

the proposed aodification(s) before resort is cade to the Court.

64. Beginning April 1, 1991/ the Sheriff shall

provide to the Court and all parties written progress reports

detailing the steps taken to coaply with the respective provisions

of this Agreed Entry on Medical care. The reports shall be made every four (41) months for the first year and every six (6) months

thereafter until the Court's jurisdiction over this case ends.

65. The existing complaint in this action, which

was drafted prior to the completion of discovery, does not raise a

nuaber of issues that are addressed and resolved by this agreement.

To avoid the necessity of again amending the cotaplaint in order to

reflect the full scope of this case, the complaint shall be deemed

or treated as though It has been amended to cover all of the issues
1

contained in the agreement.

'

66. The parties to this agreenent shall promptly

submit to the Court for Its approval and entry a consent decree.

14

•

-

*

•

•

•

67. The parties, shall attempt to negotiate a

settlement on attorneys* fees and costs. However, should the

parties be unable.to reach a settlement as to attorneys' fees and

costs within 60 days of entry of the decree, the aatter shall be

submitted to the Court for its determination; provided, however,

that this time period stay be extended by stipulation of the parties

if approved by the Court. All defendants deny any liability for

any other parties attorney's fees or costs and reserve their rights

to litigate these issues and the issue of "prevailing party."

Bruce Lynn takes the position for the reasons sta... .... ^

12 (b) (6) motion that he is not liable for attorney's tees. A*i

other parties disagree vith this position.

68. Implementation of this agreement vill begin

January 1, 1991. Full implementation of this agreement vill be

accomplished by June 1, 1991. Th« Medical Director shall be in

place by March 1, 19&1 and shall file a report by April 1, 1991

detailing progress toward full implementation. The relief

contained in. the interim medical program set forth in the }oint

Kotion for Continuance entered into in August, 1990, shall continue

until January 1, 1991. The Sheriff shall employ a full tine

Medical Director on or before February 1, 1991. If the Sheriff is

unable to obtain the 'service of a Medical Director by said date, he

shall report this to all parties and seek an extension from the

Court. From January i, 1991 to the date of hiring the permanent

Medical Director the Sheriff shall employ a full tine interim

15

Kedical Director who may meet all or part of the qualilications set forth herein, and shall continue the screening program currently in effect.
€9. Funding of this prograja by the City of New Orleans vill commence on January 1, 1991 and funding of this progra* by the State of Louisiana will cosaaejioe on January 1, 1990.
Funding shall be as follows; CITY
The City of Nev Orleans vill provide $1,000,000.00 operational fund? and £200,000.00 capital funds for tha calendar year 1991. The operational funds will be payable in equal monthly installments starting January 1>--1991 and the capital funds will be payable on February 1,

The State recognizes that a p5rtipn of this plan vill be

funded by funds paid to the Criminal Sheriff for reimbursement

of medical expenses paid in accordance with IA-R.S* IS:824.

Additionally, pursuant to LA-R.S.- 15:824, the State vill

continue to reir±>urse the Criminal Sheriff of Orleans Parish

for actual medical expenses ' incurred in treating those

prisoners sentenced to the cust.ody of the Louisiana Departnent

•

a

• '•

°

of Public Safety and Corrections who are in the physical

custody of th« cri=inal Sharif T of-Orleans P.arifih.

The State agrees that beginning January 1, 1991 and • tfbr

the balance of the .fiscal year ending July 10, 1991, the

reimbursement to Sheriff Foti chall be S2.00 p«r day p«r 6t«t«

16

r-,y r J CJ

innate housed by Sheriff Foti. Payments vill be nade monthly. The state and the Criminal Sheriff of Orleans Parish agree that credit will b« given to the State for funds previously expended in F* 1930-1991 for medical care provided to state instates. This credit vill not decrease the $2.00 per inmate p«r day payment to be made froa January 1, 1991 to June 30, 1991.
For fiscal year 1991-92, the State of Louisiana through the Division of Adainistration vill support and place in the Executive Budget for that fiscal year a recoarpendatior. that there be appropriated for payaent of this reimbursement funds egual to $2.00 per day per state inmate housed in the OPPS during that fiscal year.
The Department of Public Safety and Corrections through Charity Hospital New Orleans (CENO) vill continue to provide medical services to thoee inmates in need of emergency care and hospitalisation only.
Hovever, the Department of Public Safety and Corrections through CHNO vill not continue to provide laboratory vorfc, stray services, physical therapy, pharmacy, or any other specialty services for inmates except in emergencies.
The Department of Public Safety and Corrections vill continue to provide medical services; for chronically ill state inmates until such time as they can be expeditiously transferred into the physical custody of the Department of
Public safety and corrections.
17

* '

The Department of Public Safety and Corrections through

CKNO vill continue to provide nedical services at CHNO

specialty clinics to those inmates in need of emergency

aedieal treatment at those specialty clinics, but not for

routine out-patient treatment.

Referrals to CHNO »ust abide by its aedical staff and

hospital protocol and policies.

All medical services provided prior to this agreement to

inaates other than Strte inmates will not be affected by this

agreement.

In the event Chcrity Hospital in Nev Orleans fails to

provide the services outlined above, the Stat« shall, on a

aonthly basis, reizJjurse to the Sheriff the full costs of

providing these services, supplies and medications in addition

to the $2.00 per day per inmate payment set forth hereinabovc.

70. If the parties cannot r«ach an agreement as to

funding after December 30, 1991 (City) and June 30, 1991 (State;,

hearings on these issues will be scheduled by the Court. These

hearings will be completed sufficiently in advance of the cut-off

dates of rteceraber 30, 1991 and June 30, 1991 so as to avoid any

interruption of funding by the City or the State.

?1. The Sheriff shall maintain records of financial

expenditures for the program in «ucb a manner as to allow a

financial audit with respect thereto. Th,e City and state shall

have the right to audit these financial records.

72. The plaintiffs herein do not, by signing this

18

judgment, endorse or approve the funding levels to be paid by the City and State. The plaintiffs approve only the program and res«rv« all rights to enforce the program and the terms of this agreement even if the levels of funding provided for herein prove to be inadequate or are not funded by the City and or the State.
73. The Sheriff is aware of and in agreement with the plan set forth in this document. He is also aware of the funding provided for herein and believes, in good faith, that the funding provided to him is sufficient to implement the program described above.
Agreed to this ^® day of /^^^*y^^*^-^19 gp .
William P./Quigley /zz. ^\ \
Fulton Ptax;e—Suito. 119^—^ ' Convention Center Blvd-
New Orleans, LA 70130 (504)524-0016 Bar Roll #7769
7
Mark J.Lopez Bar Roll $20100000 Elizabeth Alexander Edward I. Koren National Prison Project of tha ACLU Foundation 1875 Connecticut Avenue N.W., $410 Washington, DC 20009 (202) 234-4830 Attorneys for Plaintiffs
19

Dennis Stin« Conunissioner of
Administration
'dh.arles C. Fo^i, Jr. Crisinal Sheriff,
Parish of Orleans
Leonard D. Simmons, Jr. Chief Administrative Officer City of New Orleans

.Jenifer sdhaye

S

Chief, Division of Risk Litigation

P.O. Box $4095

Baton Rouge, LA 70804

John W. Ryan Gordon P. Se/coxL, Jr. (SCBR# 14 4 32) SpWial Assistants Attorney General Ryan £ Willeford 201 St. Charles Avenue, suite 3701 New Orleans, LA 70170-3701
(504) 582-1280
Arthur Stallworth Assistant Attorney General Louisiana Department of Justice 626 N. Fourth Street Baton Rouge, LA
Attorneys for Secretary Bruce Lynn

T. Allen^usry

Freeman R. Matthews
Usry & Weeks 2800 Veterans Memorial Blvd. Suite 180
Matairie, LA 70002

(504) 833-4600

Attorneys for Sheriff Charles c.

Fdti, Jr. ^

.

Brett Prendergaat ^7 Deputy City Attorney City Hall - Room 2W23 1300 Perdido street New Orleans, LA 70112 (504) 565-6222
Attorney for the Mayor, Chief Administrative Office and the City Counsel for the City of New Orleans
20

 
 Hamilton v. Morial

JC-LA-003-068

IN THE UNITED STATES DISTRICT COURT FOR , ; '•? i / - r-i i

TTHHEE EEAASSTTEERRNN DDIISSTTRRIICCTT OOFF LLOOUUIISSIIAANNAA

' ' - L"il1

LOUIS HAMILTON, et al. ,

)

-••-•••:A

)
Plaintiffs, )

) CIVIL ACTION

V. ERNEST N. MORIAL, et al.,
Defendants.

) NO. 69-2443
) Section LLM (5) Consolidated ) With Civil Action Numbers: ) 87-5867, 88-3736, 88-1162, ) 88-5564, and 89-1084

AMENDED COMPLAINT
Plaintiffs, on behalf of themselves and the class alleged herein, amend their Complaint and state as follows:
I. PRELIMINARY STATEMENT 1. This case originated in 1969 and pursuant to that action a class was certified consisting of air those persons incarcerated in the facilities then operated by the Criminal Sheriff for the Parish of Orleans. The action was brought for preliminary and permanent injunctions with regard to prison conditions under the provisions of 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. 1981, 1983, 1985 and 1986, to enjoin defendants from subjecting the persons so incarcerated, to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. The defendants in the suit were and still are the Mayor, the City Council, the Superintendent of Police, the City Attorney, the Superintendent of Fire, the Superintendent of the Department of Health, and the Criminal Sheriff and the Wardens of New Orleans.

2 2. The plaintiffs alleged, in essence, that the conditions existing in the prison then operated by the Sheriff's Department were in violation of their Eighth Amendment right to be free from cruel and unusual punishment, and were also in violation of the Fourteenth Amendment. They complained that the buildings in which they were housed were in a state of deterioration, that fire safety and sanitary conditions were unsafe, that medical care was inadequate, that the prison was overcrowded, that there was insufficient number of guards, that the prisoners were subject to assaults by other prisoners, as well as other matters regarding prison conditions. 3. In 1985, after many of the offending conditions had been corrected, the case was administratively closed. However, as conditions at the Orleans Parish Prison deteriorated in the ensuing years, several new actions were initiated seeking class-wide injunctive relief. Among these were Robinson v. Foti. 88-5867 and Estevez v. Foti. 88-1162. In addition to Sheriff Charles C. Foti, these cases named as a defendant the Secretary of the Louisiana Department of Corrections, C. Paul Phelps. These cases were consolidated with each other and a new class was certified consisting 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 Correctional Center (CCC), House of Detention (HOD), Central Lockup (CLU), and the Emergency Housing Unit (Tent City). Shortly afterward, the Hamilton case was reopened, consolidating the

3 Estevez and Robinson cases with it and directing that all future pleadings be filed under the present caption. In 1990, David Ramsey, Secretary of the Louisiana Department of Health and Hospitals, was added as a defendant.
4. In consideration of the number and complexity of the issues raised in the several consolidated actions, and the urgency of the allegations relating to medical and psychiatric care, these claims were tried first. The medical claims were resolved by the entry of a comprehensive consent judgment in December 1990, and the mental health claims are the subject of a 1991 Court Order establishing a program for psychiatric•care at the prison. The purpose of this amended complaint is to clarify the remaining issues before the Court.
5. 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. Plaintiffs specifically seek relief from conditions at these facilities which fall below the standards of human decency, deny basic 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 overcrowding and 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

4
immediate attention and action of this Court. II. JURISDICTION
6. 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.
7. This Court also has jurisdiction of this action under 28 U.S.C. §1343(4) since this is an action to secure declaratory relief.
III. PLAINTIFFS 8. Louis Hamilton was the designated class representative when the class was certified in 1970 consisting of all persons incarcerated in the facilities then operated by the Criminal Sheriff of Orleans Parish. 9. Jerome Robinson, Jorge Estevez, Gilbert Sanchez, Eric Broyard, Kirk Shaffer and Wilfred White, Ann Mosley, Warren Williams, Felton Thompson, Kenneth White, William Sutton and Kenneth Linn are all plaintiffs in one of the following pro se prisoner cases: Estevez v. Foti. 88-1162, Robinson v. Foti. 875867, Williams v. Felton. 88-5564 or Linn v. Foti. 88-3736. These cases have all been consolidated and a class was certified in 1989 consisting of all inmates, present and future, . currently incarcerated in the Orleans Parish Prison system in the following facilities: Old Parish Prison, Community Correctional Center, House of Detention, Central Lock-up, and Emergency Detention Center, i.e., Tent City. Each of these prisoners is currently or was at

5 the time the class was certified confined in one of the subject facilities.
10. Andrew Twohig, III is presently confined at the Templeman facility. He has suffered violations of his constitutional rights while confined in that facility.
11. Gayle Niedhardt is presently confined at the Community Correctional Center. She has suffered violations of her constitutional rights while confined at that facility.
12. Robin Myles is presently confined at the Community Correctional Center. She has suffered violations of her constitutional rights while confined at that facility.
13. Albert Buggage is presently confined at the Old Parish Prison. He has suffered violations of his constitutional rights while confined at that facility.
IV. DEFENDANTS 14. Charles C. Foti is sued in his official capacity as the Criminal Sheriff of Orleans Parish and as the custodian of the Orleans Parish Prison pursuant to LRS 15:704 and 33:1519.1. 15. Sidney Barthelemy is sued in his official capacity as the Mayor of the City of New Orleans and as the person responsible for the expenses of establishing, maintaining and operating the Orleans Parish Prison pursuant to LRS 15:702 and 33:1523.1. 16. Edwin Edwards is sued in his official capacity as the Governor of the State of Louisiana and, through his delegees, as the person responsible for the care of prisoners sentenced to the custody of the Louisiana Department of Corrections, and patients

6 committed to the Department of Health and Hospitals, who are currently confined in the Orleans Parish Prison.
17. Richard Stoldard is sued in his official capacity as the Secretary of the Louisiana Department of Corrections and as the custodian of prisoners sentenced to the custody of the Department of Corrections who are currently confined at the Orleans Parish Prison.
18. J. Christopher Pilley is sued in his official capacity as the Secretary of the Louisiana Department of Health and Hospitals and as the custodian of Department of Health and Hospitals' patients currently confined at the Orleans Parish Prison.
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 Old Parish Prison, Community Correctional Center, House of Detention, Central Lock-up, Templeman Facility, and the Emergency Detention Center, or who will be so confined in the future. As noted in Paragraph 3, a class has been previously certified consisting of prisoners in all of the above-referenced facilities except the newly constructed Templeman Facility. 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.

7 22. The class is so numerous that joinder of the members is impracticable. Current members of the class of prisoners number approximately 5,000. 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 Medical Care 25. Medical services provided to prisoners have been totally inadequate and have constituted deliberate indifference to prisoners1 serious medical needs. Emergency, routine and basic preventive care have been inadequate. Routine screening of newly admitted prisoners has not been done prior to placement in the general population of the facility. Health care services have been completely disorganized with virtually no leadership or system of authority. The system has been run through a series of contracts between Charity Hospital of New Orleans, Sheriff Foti, the.City of New Orleans and the Department of Health and Hospitals. The City has not fulfilled its obligations on these contracts by making the required payments. As a consequence, the Department of Health and Hospitals and the Charity Hospital of New Orleans had not increased the level of services since the initial contract was executed in the early 1980s. In fact services had decreased. 26. As a direct result of the lack of organization,

8 leadership and resources described above, such essential services as intake screening, sick-calls, follow-up care, emergency care, specialty consultations, HIV care, charting and record keeping, pharmacy, radiology, and quality assurance have not routinely been provided to prisoners on a timely and medically necessary basis. The failure to provide these services has contributed to unnecessary suffering and death.
27. On December 11, 1990, the Court approved and entered as an Order of the Court the Agreed Entry Medical Care negotiated by the parties. The agreement establishes a comprehensive system of medical care at the prison and requires the defendants to obtain certification from the National Commission on Correction Health Care as a precondition to compliance with the judgment of the Court. The defendants have not complied with the June 1, 1991 deadline for achieving full compliance with the provisions of the Agreed Entry. Dr. Joseph T. Hamrick was appointed as the Court's expert for a purposes of monitoring compliance.
Mental Health Care 28. Services to psychiatric patients are inadequate and constitutes deliberate indifference to prisoner needs. There are many significant problems regarding the provisions of minimally adequate mental health services to severely mentally ill inmates at OPP. These problems originate with a significant 4isPu^e between the Sheriff's department and the Louisiana Department of Health and Hospitals concerning which agency is responsible for treatment of mentally ill inmates at OPP. Basic principles

9
governing the delivery of psychiatric services in jails and prisons are not being followed within the mental health system at OPP. There appears to be no formal policies and procedures addressing issues concerning the use of restraints and seclusion, mental health evaluations, involuntary medications, confidentiality, informed consent, education and training of correctional staff, and other very basic components of minimally adeguate mental health treatment systems. Psychiatric hospital beds are not available to a significant number of inmates in need of such treatment, including DHH patients remanded to state-forensic facilities. These deficits in the mental health system have resulted in the lack of essential mental health services for severely mentally ill inmates at OPP and resulted in unnecessary suffering and death.
29. Prior to the commencement of trial on this claim, the parties entered into a stipulation agreeing to waive the trial and to develop a plan for the establishment of a system for mental health care at the prison. This stipulation was entered into the record on September 9, 1991. On September 9, 1991, the Court entered an Order requiring the defendants to develop a plan for the delivery of mental health services that conforms to the standards established by the National Commission on Correctional Health Care. This plan is currently being developed and will be the subject of future proceedings. Additionally, to alleviate the failure of the Department of Health and Hospital to transfer patients in a timely manner to state facilities, the Court has established a mechanism to expedite the process that requires a

10
Department of Health and Hospitals representative to respond monthly to a standing order to show cause to explain any delays in transfers to state facilities.
Shelter 30. Conditions vary considerably from facility to facility, depending largely on their date and type of construction and the extent of renovation. Nevertheless, the physical conditions described below are common to each of the facilities unless otherwise indicated. 31. Sanitation throughout the OPP facilities, including sanitation in housing, food preparation and serving areas, is grossly inadequate. Prisoners are required to eat in their cells (tents) or in other housing areas not adequate for the serving or consumption of food. As a direct result of this, vermin, such as mice and roaches are found in the housing areas of many of the facilities. 32. Toilet and shower areas are particularly foul. Housekeeping rules are inconsistently enforced. Cleaning equipment and supplies are not available. Prisoners have no personal storage space and keep their belongings in plastic bags or under their mattresses. As a result of this, living areas are cluttered with personal belongings and garbage creating both a public health and fire safety hazard. 33. In the older facilities the plumbing is in disrepair. There are leaking pipes, ceilings and roofs. Even in the new facilities, there is frequently a lack of water pressure or hot

11 water. Sanitary fixtures such as toilets, urinals, lavatories and showers are poorly maintained. Repairs are not made promptly. Given the population of the housing units, there are inadequate numbers of such fixtures to serve this population. In some units, toilet and shower facilities are not available to the prisoners housed there for large periods of the day. In others, prisoners are limited to just five or ten minutes in the showers. In the female segregation unit prisoners are allowed out to shower at 12:00 a.m.
34. Except in the facilities that have installed central air conditioning and heating, ventilation in the facilities is totally inadequate. Living areas are unbearably hot in summer, and cold in winter. Many windows are broken-out or inoperable, contributing to the uneven temperatures. In Tent City, prisoners are exposed to the elements, and flooding during heavy rains. Lighting is inadequate for reading or other close work. Most of the living areas have no furniture or furniture that is broken or worn-out, leaving prisoners with no place to sit, to eat or work. Noise is unbearable throughout the facilities.
35. Basic personal hygienic supplies are either not provided or inconsistently provided. Soap, toothpaste and brushes, toilet paper, deoderant, sanitary napkins are simply not available or are in short supply. Some of these items are sold in the commissary but prisoners cannot afford to purchase them.
Clothing and Bedding 36. Basic clothing is not provided. Generally prisoners are

12 provided with one or two pairs of pants and shirts (two uniforms). Everything else, shoes, socks, underwear, pajamas, warmer clothes for outside must be provided by the prisoner by way of his or her relatives and friends. Those prisoners who have only one shirt and one pair of pants cannot afford to launder them because they have nothing to wear in the interim. Laundry facilities consist in some cases of prisoners washing clothes in toilet bowls.
37. Bedding is also limited. Prisoners are issued one or two blankets but no sheets, pillows, or an adequate supply of towels. All must come from the outside. Mattresses are frequently torn and/or soiled, creating both a public health and fire safety hazard.
Crowding and Space 38. There is insufficient amount of space for housing prisoners throughout the Orleans Parish Prison. Consistently men and women are forced to sleep on bunks stacked three and four high, and on floors in cells already filled to capacity as well as in dayroom areas not designed for housing. In the holding tanks in the CLU, prisoners are confined in crowded large cells where they must sleep without mattresses or bedding on benches for days at a time. Detainees under the influence of drugs or alcohol, or those that are mentally ill are routinely placed in the holding tanks with other detainees frequently creating a disturbance through their unpredictable conduct or by becoming ill. 39. Crowding has forced the defendants to house prisoners on more than a temporary basis in tents out on the former recreation

13 field. The field becomes muddy and swampy in rainy weather, making for unsanitary conditions to prevail. In winter the tents are cold and drafty because the heating units supplied are inadequate. In storms, tents have blown down, causing injuries to prisoners. The mess tent where prisoners are served their meals has no seating, forcing prisoners to eat their meals in their living tents. This practice is unsanitary and has resulted in pest and vermin problems. Crowding has exacerbated the problems with respect to shelter and personal safety.
Fire Safety 40. The danger of fire is ignored and basic fire safety measures are not taken. Smoking policies are not enforced or are enforced inconsistently. Personal belongings, including papers and clothing clutter the housing areas. Metal lockers or cabinets are not provided and prisoners store their things in paper and plastic bags and in cardboard boxes. The crowding of beds, furniture and people in cellblocks and dorms makes evacuation in case of fire problematic and a threat to life and limb. Broken locks, blocked exits, lack of smoke detectors, extinguishers and fire drills add to the danger. Exercise 41. Prisoners are not provided adequate opportunities to exercise in order to sustain health or to positively or profitably spend their time. Recreation is frequently limited to one hour or less per week. Cancellations due to inclement weather are not made up and there is no indoor area for exercise. In many areas of the

14 prison, prisoners are virtually locked down in their crowded cells and dormitories for months and years on end. These conditions are particularly harsh on prisoners serving long sentences at OPP, and juvenile prisoners who need greater amounts of exercise to maintain their health. Except for the prisoners in Tent City, prisoners rarely get to go outside to exercise. In colder weather, no suitable clothing is provided even if prisoners are brought out. There is little equipment available and no organized or structured recreational program for OPP prisoners. This lack of opportunities is exacerbated by the crowding and the lack of space.
Personal Safety 42. Violence and/or the threat of violence are endemic at OPP, resulting in physical injury and death. This situation is exacerbated by a number of factors including excessive crowding; almost complete idleness; the lack of exercise opportunities; insufficient staff supervision; the availability of weapons; the presence of mentally ill prisoners housed in the population; the absence of an effective classification system separating violent from the non-violent offenders and the pretrial from sentenced long-term offenders; and a failure to adequately train and compensate staff. Inmate-on-inmate fighting and assaults and staff abuse and beatings of prisoners are not uncommon and have resulted in serious injuries.
43. In the disciplinary segregation unit, assaultive prisoners are routinely locked down with other assaultive prisoners, two or more to a cell. This dangerous practice has led

15 to inmate assaults and injuries.
44. Juvenile offenders are or have been housed in several adult facilities, including OPP, HOD/CLU, and the Templeman Facility. Insufficient measures are taken to adequately isolate them from adult prisoners and have jeopardized their safety.
Responsibilities of the Defendants 45. As the lawful custodian of the Orleans Parish Prison, Sheriff Foti has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 46. As Mayor of the City of New Orleans, Mayor Barthelemy has the responsibility for financing and maintaining the Orleans Parish Prison. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 47. As Governor of the State of Louisiana, Governor Edwards has the responsibility through his delegees for providing custodial care for state-sentenced prisoners and state forensic patients confined at OPP. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 48. As Secretary of the Louisiana Department of Corrections, Secretary Stoldard has the responsibility for providing the custodial care for state-sentenced prisoners. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 49. As Secretary of the Louisiana Department of Health and Hospitals, Secretary Pilley has the responsibility for providing the custodial care for state forensic patients at OPP. He has

16

knowledge of the complained of conditions and has not taken

adequate measures to correct them.

VII. CLAIMS FOR RELIEF

First Claim

50. Plaintiffs reallege and incorporate by reference

paragraphs 25 through 49.

51. Defendants fail to provide plaintiffs with the basic

necessities of life, including adequate food, shelter, sanitation,

medical and mental health care, and personal safety. The

conditions in these facilities are incompatible with contemporary

standards of decency, cause unnecessary and wanton infliction of

pain and are not reasonably related to any legitimate governmental

objectives.

As a result of the defendants' deliberate

indifference, 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 impermissibly punitive conditions in

violation of the Due Process Clause of the Fourteenth Amendment.

VIII. NO ADEQUATE REMEDY AT LAW

52. As a proximate result of the defendants' 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 the

confinement of plaintiffs under the conditions described in this

17 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 that this Court:
1. Determine by order pursuant to Rule 23, Federal Rules of Civil Procedure, that the class in this action may be expanded to include prisoners in the Templeman Facility;
2. Issue a declaratory judgment stating that the defendants' policies, practices, acts and omissions described in this Complaint violate plaintiffs1 rights, guaranteed to them by the Eighth and Fourteenth Amendments to the United States Constitution;
3. Permanently enjoin defendants, their officers, agents, employees and successors in office, as well as those acting in 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 orders have been carried out;
5. Award 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.

18 Respectfully submitted,

13-
Dated: January 1992

Mark J. Lopez Edward I. Koren National Prison Project of the ACLU 1875 Connecticut Ave. NW Suite 410 Washington, DC 2 0009 (202) 234-4830 Bar Roll #20100000

"V

William P. Quigley

j \~~

Fulton Place - Suite 119 O

901 Convention Center Blvd.

New Orleans, LA 70130

(504) 524-0016

Bar Roll #7769

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE
I hereby certify that a copy of the plaintiffs• Amended Complaint has been "delivered by Federal Express to Patricia Bowers, Assistant Attorney General, Department of Justice, 234 Loyola Ave., New Orleans, Louisiana 70112; Allen Usry, Usry & Weeks, 2800 Veterans Memorial Blvd., Suite 180, Metairie, Louisiana 70002; and Brett Prendergast, Deputy City Attorney, 1300 Perdido Street, Room 2W23, New Orleans, Louisiana 70112 this *th day of January, 1992.

Mark J. Lopez

 
 Hamilton v. Morial

! » » • • III • • • • • • | | HHVI 1HII

• • • • • • • ( • • • ! VHIHH 111!

• •HH|| H»

JC-LA-003-009

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

G " ^ 22 ^ '33 LORET~T»A Z

LOUIS HAMILTON, ET AL VERSUS ERNEST N. MORIAL, ET AL

CIVIL ACTION
NUMBER: 93-1227 c/w 69-2443 SECTION: "LLM"(5)

ORDER IT IS ORDERED that Civil Action 93-1227 "LLM"(5) entitled John Doe, et al v. Charles Foti, et al. which is currently consolidated with Civil Action 69-2443 "LLM"(5), be SEVERED from that Civil Action. IT IS FURTHER ORDERED that any issues which, in any fashion, deal with juvenile inmates be TRANSFERRED from Civil Action 69-2443 "LLMM(5) and into Civil Action 93-1227 "LLM"(5). New Orleans, Louisiana, this /3-*day of August, 1993.

UNITED STATES MAGISTRATE JUDGE

AUG 1 8 1993 -ATE OF ENTRY.

DOCUMENT N.

 
 THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al., Plaintiffs
versus ERNEST N. MORIAL, et al.,
Defendants

CIVIL ACTION
NO. 69-2443 Section LLM (5) and
Consolidated Cases

STIPULATION

•|

In connection with the Consent Decree agreed to by the parties

• on P ' ^ m W r 6 - . 1993 in the above captioned case, it is

j stipulated by counsel for the various State defendants as follows:

1. The Sanitary Code of the State of Louisiana-(1984), promulgated by the State Health Office pursuant to La.R.S. 40:4, and, in particular, Chapter XVIII relating to jails and prisons, is the applicable regulation for determining compliance with the State Health Code. The exception to this rule is that Sections 18:007 and 18:008 do not apply to the Old Parish Prison Building.
2. Chapter 17 of the Louisiana Administrative Code and La.R.S. 40:1561-1596.5 as they reference the general powers and procedures of the Fire Marshal's Office [both printed in the Official Manual of the Louisiana Fire Marshal (1992), promulgated by the State Fire Marshal pursuant to La.R.S.40:1563(F)], are the applicable regulations for determining compliance with the State Fire Code.

Hamilton v. Morial

JC-LA-003-010

Dated:

BOWERS & BOWERS
Patricia Nalley Bowsers 2505 Place St. Charles 201 St. Charles Avenue New Orleans, LA 70170 (504) 522-3340 Bar Roll No. 3341

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

LOUIS HAMILTON, et al., Plaintiffs,
v. ERNEST N. MORIAL, et al.,
Defendants.

CIVIL ACTION NO. 69-2443
Section LLM (5) and Consolidated Cases

ORDER

Having considered plaintiffs' Motion for Approval of the

attached Consent Decree previously docketed into the record on

November 26, 1993, it is hereby ORDERED that it be entered as the

Judgment of this Court and shall remain in force and effect until

further orders of this Court.

„

New Orleans, Louisiana, this /"fciay of X^yfO* , 199&.

District Judge
Hamilton v. Morial JC-LA-003-011

 
 MINUTE ENTRY CHASEZ, M.J. NOVEMBER 9, 1994

Hamilton v. Morial
lll l f f H i
JC-I A

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

*•
.^^,•-cr,„i:lr;ICT COURT '
> 0RL ,., - yh
CLfRK

LOUIS HAMILTON, ET AL VERSUS ERNEST N. MORIAL, ET AL

CIVIL ACTION
NUMBER: 69-2443 & con. cases SECTION: "LLM"(5)

A status conference was conducted in the above matter this

date.

PRESENT:

Patricia Bowers Mark Lopez Karen Bower** Richard Cook Allen Usry

The purpose of the conference was to discuss the testimony

as adduced at the evidentiary hearing which went forward on

November 3, 1994 and to discuss a proposed order correcting any

violations which the court feels have occurred.

The court advised counsel that violations of the consent

decree hav»;been established through the testimony of the witnesses PrjB||p**t to the undersigned. However, the magnitude of

the violatj&it* ax* insufficient at the present time to constitute

contempt and shall be remedied as follows:

The Sheriff shall hold a conference with the wardens of all

his facilities and with any other of his personnel responsible

for implementing the consent decree. Counsel shall be present at

the meeting at which time the wardens and oth£jFEBVBl2Y32B_shall -—PROCESS.

na-rr r>r rvmv

be specifically counseled as to what is required under the consent decree. A summary of the contents of the decree shall be given to this personnel and a signed copy of this summary shall be obtained and placed in the personnel file of all wardens and others charged with implementing of the consent decree. This meeting shall go forward on or before November 25, 1994 and minutes of this meeting shall be provided to the court establishing that the court's orders have been followed.
Referencing each of the six areas which were the subject of the court's hearing, the court pretermits ruling on the issue of whether the consent decree has been complied with as to Templeman II and III as to recreation until the court can make an in camera inspection of these facilities. The court plans to do so within the next week. The court, having heard oral argument from the parties this date, will issue a further ruling subsequent to the in camera inspection.
As to whether inmates have been allowed to keep their mattresses in disciplinary tiers, it would appear that there no longer is a problem in this regard. A problem may have existed in one facility/ through the month of May, 1994, however this had been corr«j^i*"befor»- the- current motion had been filed.
Th« JHwB|ru lug-, problems arose because of & difference of opinion betw»«tt th«*parties in interpreting the language of the decree. Based upon the court's involvement in the settlement discussions which pre-dated the entry of the consent decree, the court herewith orders the Sheriff to make the following changes in his implementation of the decree:

1. Disciplinary Tiers A log book shall be established on all disciplinary tiers for purposes of documenting the times, each day, that inmates are allowed out of their cells.
In calculating the one hour time period that inmates are allowed out of their cells, the Sheriff shall not count the time an inmate spends bathing or in consulting with counsel during an attorney visit. The time an inmate spends eating may be counted in the one hour time period, if the inmate eats outside of his cell.

2. Toothbrushes and Toothpaste
Toothbrushes and toothpaste/tooth powder shall be supplied to an inmate without regard to whether the inmates has money in his/her inmate account. In other words, the term "needed" located in section B, paragraph 11 of page 8 of the consent decree shall be defined to mean "does not have" rather than refer to whether an inmate has money in his account to pay for the item.

The Sheriff shall make inquiry once a week of all inmates through an established procedure aa to whether or not the inmate has toothpaste or powder and a toothbrush. Same shall be immediately furnished if the inmate doea not have the item and indicates that he/she wants it.

3. Shoes and Underwear
Pursuant to the consent decree, the inmates' family must first refuse to provide the item before the Sheriff is obliged to furnish same. In thia regard, the following procedure shall be followed:

The inmate shall file a grievance with the Sheriff

requesting- the item. The Sheriff shall then have ten

daya to make inquiry of the family aa to whether they

will provide the inmate with either the shoes or the

underwear which the inmate is requesting. If the

iimate* has-no shoes, the Sheriff shall furnish the

|

with temporary shoes during the ten day interim

and more permanent shoes thereafter if the

* family does not respond by providing same.

Ife ther inmate has no underwear, the Sheriff will have

this ten day time period to determine if the family

will provide same, absent which the Sheriff will-pro-

vide two seta of underwear to the inmate at the conclu-

sion of the ten days.

The inmates ahall be advised of this procedure by a posting of a written notice on each of the tiers.

4. Reading and writing materials on disciplinary tiers

The same reading materials as are available to inmates in general population shall be available to those on disciplinary tiers.
The evidence did not confirm that any problem existed as to writing materials or legal materials being allowed to inmates on disciplinary tiers.
5. Writing materials and postage to indigents The parties could not reference the court to any area of testimony which established a violation of the decree in this area. If the parties can so cite the court to evidence in this regard, further orders responsive thereto shall issue.
UNITED STATES MAGISTRATE JUDGE

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

LOUIS HAMILTON, et al.,

)

) Plaintiffs, )

) CIVIL ACTION NO. 69-2443 '

v.

) Section LLM (5) Consolidated

) With Civil Action Numbers:

ERNEST N. MORIAL, et al.,

) 87-5867, 88-3736, 88-1162,

) 88-5564, 89-1084, and 94-2502

Defendants. )

SECOND AMENDED COMPLAINT

Plaintiffs, on behalf of themselves and the class alleged herein, amend their Complaint and state as follows:
I. PRELIMINARY STATEMENT 1. This case originated in 1969 and pursuant to that action a class was certified consisting of all those persons incarcerated in the facilities then operated by the Criminal Sheriff for the Parish of Orleans. The action was brought for preliminary and permanent injunctions with regard to prison conditions under the provisions of 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. 1981, 1983, 1985 and 1986, to enjoin defendants from subjecting the persons so incarcerated, to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. The defendants in the suit were the Mayor, the City Council, the Superintendent of Police, the City Attorney, the Superintendent of Fire, the Superintendent of the Department of Health, and the Criminal Sheriff and the Wardens of New Orleans. 2. The plaintiffs alleged, in essence, that the conditions existing in the prison then operated by the Sheriff's Department
Hamilton v. Morial
iilllllll

were in violation of their Eighth Amendment right to be free from cruel and unusual punishment, and were also in violation of the Fourteenth Amendment. They complained that the buildings in which they were housed were in a state of deterioration, that fire safety and sanitary conditions were unsafe, that medical care was inadequate, that the prison was overcrowded, that there was an insufficient number of guards, and that the prisoners were subjected to assaults by other prisoners, as well as other matters regarding prison conditions.
3. In 1985, after many of the offending conditions had been corrected, the case was administratively closed. However, as conditions at the Orleans Parish Prison deteriorated in the ensuing years, several new actions were initiated seeking class-wide injunctive relief. Among these were Robinson v. Foti, 88-5867 and Estevez v. Foti, 88-1162. In addition to Sheriff Charles C. Foti, these cases named as a defendant the Secretary of the Louisiana Department of Corrections, C. Paul Phelps. These cases were consolidated with each other and a new class was certified consisting 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 Old Parish Prison (OPP), Community Correctional Center (CCC), House of Detention (HOD), Central Lockup (CLU), and the Emergency Housing Unit (Tent City).1 Shortly afterward, the Hamilton case was reopened, consolidating the
1 The Emergency Housing Unit (Tent City) has since been closed. -2-

Estevez and Robinson cases with it and directing that all future pleadings be filed under the present caption. In 1990, David Ramsey, Secretary of the Louisiana Department of Health and Hospitals, was added as a defendant. Thus, the current defendants are Criminal Sheriff of Orleans Parish Charles C. Foti, Mayor of the City of New Orleans, Mark Morial, Governor of the State of Louisiana, Edwin Edwards, Secretary of the Louisiana Department of Corrections, Richard Stalder, and J. Christopher Pilley, Secretary of the Louisiana Department of Health and Hospitals.
4. In consideration of the number and complexity of the issues raised in the several consolidated actions, and the urgency of the allegations relating to medical and psychiatric care, those claims were tried first, as Phases I and II of the litigation. The medical claims were resolved by the entry of a comprehensive consent judgment in June 1991, and the mental health claims are the subject of a September 1991 Court Order establishing a program for psychiatric care at the prison. In January 1992, an Amended Complaint was filed delineating the remaining issues in the case to be tried as Phase III. Thereafter, the remaining conditions claims were resolved by the entry of an environmental Consent Decree on November 22, 1993.
5. In July 1994, a new action, Lambert v. Morial, 94-2502, involving female inmates, was initiated. On December 21, 1994, with the consent of all parties, the Court (1) expanded the class in the Hamilton litigation to "any and all inmates housed in the Community Correctional Center, House of Detention, Old Parish
-3-

Prison, Templeman I, II, and III, and any and all female inmates housed in any facility in the Orleans Parish Prison System," (2) extended the June 10, 1991 consent decree on medical issues, the plan for a psychiatric program, and the January 14, 1994 environmental consent decree to cover the amended class, and (3) transferred and consolidated the remaining issues in the Lambert case into the Hamilton case — to be handled as Phase IV of Hamilton. The purpose of this amended complaint is to delineate the remaining issues before the Court to be addressed in Phase IV of the case.
6. 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. Plaintiffs specifically seek relief from conditions at these facilities which fall below the standards of human decency, deny basic human needs, and inflict needless suffering on prisoners. Plaintiffs incarcerated in these facilities contend that they have been forced to live in an environment where the ill effects of particular conditions, exacerbated by overcrowding and 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 require the immediate attention and action of this Court.
-4-

II. JURISDICTION 7. 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. 8. This Court also has jurisdiction of this action under 28 U.S.C. § 1343(4) since this is an action to secure declaratory relief.
III. PLAINTIFFS 9. Louis Hamilton was the designated class representative when the class was certified in 1970 consisting of all persons incarcerated in the facilities then operated by the Criminal Sheriff of Orleans Parish. 10. Jerome Robinson, Jorge Estevez, Gilbert Sanchez, Eric Broyard, Kirk Shaffer and Wilfred White, Ann Mosley, Warren Williams, Felton Thompson, Kenneth White, William Sutton and Kenneth Linn are all plaintiffs in one of the following pro se prisoner cases: Estevez v. Foti, 88-1162, Robinson v. Foti, 875867, Williams v. Felton. 88-5564 or Linn v. Foti. 88-3736. These cases have all been consolidated and a class was certified in 1989 consisting of all inmates, present and future, currently incarcerated in the Orleans Parish Prison system in the following facilities: Old Parish Prison, Community Correctional Center, House of Detention, Central Lock-up, and Emergency Detention Center, i.e., Tent City. Each of these prisoners is currently or was at the time the class was certified confined in one of the subject facilities.
-5-

11. At the time the Lambert case was brought and certification was sought, plaintiff Serelda Lambert was incarcerated as a sentenced prisoner at the South White Street jail. Prior to that time she was housed in various Orleans Parish Prison facilities, including Rendon Street. She suffered violations of her constitutional rights while confined at those facilities.
12. At the time the Lambert case was filed and class certification sought, plaintiff Pamela Edwards was a pretrial detainee at the South White Street jail. Prior to that time she was housed in various Orleans Parish Prison facilities, including Rendon Street. She suffered violations of her constitutional rights while confined at those facilities.
IV. DEFENDANTS 13. Charles C. Foti is sued in his official capacity as the Criminal Sheriff of Orleans Parish and as the custodian of the Orleans Parish Prison pursuant to LRS 15:704 and 33:1519.1. As the Sheriff of Orleans Parish, Sheriff Foti is responsible under state law for the general supervision and control of the Orleans Parish Prison, including the conditions, practices and policies. He is also charged with the duty of safely confining the prisoners at the Orleans Parish Prison. 14. Mark Morial is sued in his official capacity as the Mayor of the City of New Orleans and as the person responsible for the expenses of establishing, maintaining and operating the Orleans Parish Prison pursuant to LRS 15:702 and 33:1523.1.
-6-

15. Edwin Edwards is sued in his official capacity as the Governor of the State of Louisiana and, through his delegees, as the person responsible for the care of prisoners sentenced to the custody of the Louisiana Department of Corrections, and patients committed to the Department of Health and Hospitals, who are currently confined in the Orleans Parish Prison.
16. Richard Stalder is sued in his official capacity as the Secretary of the Louisiana Department of Corrections and as the custodian of prisoners sentenced to the custody of the Department of Corrections who are currently confined at the Orleans Parish Prison.
17. J. Christopher Pilley is sued in his official capacity as the Secretary of the Louisiana Department of Health and Hospitals and as the custodian of Department of Health and Hospitals' patients currently confined at the Orleans Parish Prison.
V. CLASS ACTION ALLEGATIONS 18. This is a class action under Rules 23(a) and 23(b)(l) and (2) of the Federal Rules of Civil Procedure. 19. Plaintiffs are representative parties of a class of all persons who are confined within the custody of Defendant Sheriff Foti, at the Old Parish Prison, Community Correctional Center, House of Detention, Central Lock-up, Templeman I, II, and III, and any and all female inmates housed in any facility in the Orleans Parish Prison System, or who will be so confined in the future. As noted in Paragraphs 3 and 5, a class has been previously certified consisting of prisoners in all of the above-referenced facilities.
-7-

20. 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.
21. The class is so numerous that joinder of the members is impracticable. Current members of the class of prisoners number approximately 5,000.
22. The lawsuit challenges various conditions of confinement and there are questions of law and fact common to the class.
23. 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 A. Phase I - Medical Care 24. Medical services provided to prisoners have been totally inadequate and have constituted deliberate indifference to prisoners' serious medical needs. Emergency, routine and basic preventive care has been inadequate. Routine screening of newly admitted prisoners has not been done prior to placement in the general population of the facility. Health care services have been completely disorganized with virtually no leadership or system of authority. The system has been run through a series of contracts between Charity Hospital of New Orleans, Sheriff Foti, the City of New Orleans and the Department of Health and Hospitals. The City has not fulfilled its obligations on those contracts by making the required payments. As a consequence, the Department of Health and Hospitals and the Charity Hospital of New Orleans have not increased the level of services since the initial contract was
-8-

executed in the early 1980s. In fact services have decreased. 25. As a direct result of the lack of organization,
leadership and resources described above, such essential services as intake screening, sick-calls, follow-up care, emergency care, specialty consultations, HIV care, charting and record keeping, pharmacy, radiology, and quality assurance have not routinely been provided to prisoners on a timely and medically necessary basis. The failure to provide these services has contributed to unnecessary suffering and death.
26. On June 10, 1991, the Court approved and entered as an Order of the Court the Agreed Entry on Medical Care negotiated by the parties. The agreement establishes a comprehensive system of medical care at the prison and requires the defendants to obtain certification from the National Commission on Correctional Health Care as a precondition to compliance with the judgment of the Court. When the defendants had not complied with the June 1, 1991 deadline for achieving full compliance with the provisions of the Agreed Entry, Dr. Joseph T. Hamrick was appointed as the Court's expert for the purposes of monitoring compliance. Such monitoring is ongoing. On December 21, 1994 the Court expanded the Hamilton class to include prisoners in Templeman I, II, and III, and all female prisoners housed at Orleans Parish Prison, extended the medical consent decree to all members of the newly defined class, and notified Dr. Hamrick of the additional facilities and class members covered by the litigation for the purpose of monitoring compliance and effecting a remedy. Defendants have not fully implemented the terms of the Agreed Entry on Medical Care, and
-9-

continued enforcement is necessary to provide a constitutional level of medical services.
B. Phase II - Mental Health Care 27. Services to mentally ill prisoners and detainees have been inadequate and have constituted deliberate indifference to prisoner needs. There have been many significant problems regarding the provision of minimally adequate mental health services to severely mentally ill inmates at Orleans Parish Prison. These problems originated from a significant dispute between the Sheriff's department and the Louisiana Department of Health and Hospitals concerning which agency is responsible for treatment of mentally ill inmates at Orleans Parish Prison. Basic principles governing the delivery of psychiatric services in jails and prisons have not been followed within the mental health system at Orleans Parish Prison. There appear to be no formal policies and procedures addressing issues concerning the use of restraints and seclusion, mental health evaluations, involuntary medications, confidentiality, informed consent, education and training of correctional staff, and other very basic components of minimally adequate mental health treatment systems. Psychiatric hospital beds have not been available to a significant number of inmates in need of such treatment, including Department of Health and Hospitals patients remanded to state-forensic facilities. These deficits in the mental health system have resulted in the lack of essential mental health services for severely mentally ill inmates at Orleans Parish Prison and resulted in unnecessary suffering and death.
-10-

28. Prior to the commencement of trial on this claim, the parties entered into a stipulation in which the defendants confessed liability, and agreed to waive the trial and to develop a remedy for the provision of mental health care at the prison. On September 9, 1991, the Court entered an Order requiring the defendants to develop a plan for the delivery of mental health services that conforms to the standards established by the National Commission on Correctional Health Care. When this plan was not completed by April 1992, the Court appointed an expert, Dr. Howard Osofsky, to develop and implement an adequate psychiatric plan. The plan is currently being developed and will be the subject of future proceedings. On December 21, 1994, the Court expanded the Hamilton class to include prisoners in Templeman I, II, and III and all female prisoners housed at Orleans Parish Prison, extended the benefits of the psychiatric plan to all members of the newly defined class, and notified Dr. Osofsky of the additional facilities and class members covered by the litigation for the purpose of investigating their complaints and incorporating them into the remedy. Additionally, to alleviate the failure of the Department of Health and Hospital to transfer patients in a timely manner to state facilities, the Court has established a mechanism to expedite the process that requires a Department of Health and Hospitals representative to respond monthly to a standing order to show cause to justify any delays in transfers to state facilities. Defendants have not fully implemented the terms of the Order and continued enforcement is necessary to provide a constituional level of mental health care.
-11-

C. Phase III - Conditions As discussed in paragraphs 4 and 5, the allegations below have been resolved by the entry of an environmental consent decree. Compliance with that consent decree is being monitored, and noncompliance will form the basis of enforcement proceedings.
Crowding 29. From the outset of this case, plaintiffs have alleged overcrowding in all Orleans Parish Prison facilities. Many of the allegations made herein have been derivative of overcrowding. The Court has declined to address overcrowding directly, in deference to Williams v. McKeithen, 71-98-B, currently pending before Judge Polozola in the Middle District of Louisiana, which. gives the United States District Court for the Middle District of Louisiana jurisdiction to control population levels in the state jails. Although the district court in Williams has ordered a population cap on all Louisiana prisons and jails, it has left to the judgment of the supervising judge in the Hamilton litigation whether conditions at Orleans Parish Prison are constitutional within the population limits established in Williams. If the offending conditions can not be remedied without resort to a decrease in the population, plaintiffs are free to pursue their claim in the Williams case. In a status conference immediately prior to the commencement of Phase III, attended by the parties and both Judge Polozola and Magistrate Judge Chasez, Judge Polozola ruled that plaintiffs must first proceed with the non-overcrowding issues in the Hamilton litigation before seeking population relief in the Williams case.
-12-

30. Plaintiffs have sought relief from conditions which fall below minimum standards of human decency, and deny basic human needs. Plaintiffs allege that they have been forced to live in an environment where the ill effects of particular conditions threaten their physical and mental well-being and result in their physical and mental deterioration.
Personal Hygiene, Clothing and Bedding 31. Basic personal hygienic supplies have either not been provided or have been inconsistently provided. Soap, toothpaste and brushes, toilet paper, deodorant, and sanitary napkins have been unavailable or in short supply. Some of these items are sold in the commissary but prisoners cannot afford to purchase them. 32. Basic clothing has not been provided. Generally prisoners have been provided with one or two pairs of pants and shirts (two uniforms). Everything else, shoes, socks, underwear, pajamas, warmer clothes for outside has to be provided by the prisoner by way of his or her relatives and friends. Those prisoners with only one shirt and one pair of pants can not launder them because they have nothing to wear in the interim. Laundry facilities consist in some cases of prisoners washing clothes in toilet bowls. 33. Bedding has also been limited. Prisoners have been issued one or two blankets but no sheets, pillows, or an adequate supply of towels. Mattresses have frequently been torn and/or soiled, creating both a public health and fire safety hazard.
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Exercise and Personal Safety 34. Prisoners have not been provided adequate opportunities to exercise in order to sustain health or to positively or profitably spend their time. Recreation has frequently been limited to one hour or less per week. . Cancellations due to inclement weather have not been made up and there has been no indoor area for exercise. In many areas of the prison, prisoners have been virtually locked down in their crowded cells and dormitories for months and years on end. These conditions have been particularly harsh on prisoners serving long sentences at Orleans Parish Prison. In colder weather, no suitable clothing has been provided even if prisoners are br6ught outside. There has been little equipment available and no organized or structured recreational program for Orleans Parish Prison prisoners. The lack of recreational opportunities has been exacerbated by crowding and the lack of space. 35. Violence and/or the threat of violence have been endemic at Orleans Parish Prison, resulting in physical injury and death. This situation has been exacerbated by a number of factors including excessive crowding; almost complete idleness; the lack of exercise opportunities; insufficient staff supervision; the availability of weapons; the presence of mentally ill prisoners housed in the population; the absence of an . effective classification system separating the violent from the non-violent offenders and the pretrial from the sentenced long-term offenders; and a failure to adequately train and compensate staff. Inmate-on
-14-

-inmate fighting and assaults and staff abuse and beatings of prisoners have not been uncommon and have resulted in serious injuries.
36. In the disciplinary segregation unit, assaultive prisoners have routinely been locked down with other assaultive prisoners, two or more to a cell. This dangerous practice has led to inmate assaults and injuries.
37. Juvenile offenders have been housed in several adult facilities, including OPP, HOD/CLU, and the Templeman Facility. Insufficient measures have been taken to adequately isolate them from adult prisoners and have jeopardized their safety. Juveniles in Orleans Parish Prison have been moved to a separate facility as a result of this litigation. However, juveniles tried as adults are still housed in adult facilities.
Physical Environment/Environmental Safety and Health 38. Conditions vary considerably from facility to facility, depending largely on their date and type of construction and the extent of renovation. Nevertheless, the physical conditions described below have been common to each of the facilities unless otherwise indicated. 39. Sanitation throughout the Orleans Parish Prison facilities, including sanitation in housing, food preparation and serving areas, have been grossly inadequate. Prisoners have been required to eat in their cells or in other housing areas not adequate for the serving or consumption of food. As a direct result of this, vermin such as mice and roaches have been found in the housing areas of many of the facilities.
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40. Toilet and shower areas have been particularly foul. Housekeeping rules have been inconsistently enforced. Cleaning equipment and supplies have not been available. Prisoners have no personal storage space and keep their belongings in plastic bags or under their mattresses. As a result of this, living areas have been cluttered with personal belongings and garbage creating both a public health and fire safety hazard.
41. In the older facilities the plumbing has been in disrepair. There have -been leaking pipes, ceilings and roofs. Even in the new facilities, there has frequently been a lack of water pressure or hot water. Sanitary fixtures such as toilets, urinals, lavatories and showers have been poorly maintained. Repairs have not been made promptly. Given the population of the housing units, there have been inadequate numbers of such fixtures to serve this population. In some units, toilet and shower facilities have not been available to the prisoners housed there for large periods of the day. In others, prisoners have been limited to just five or ten minutes in the showers.
42. Ventilation in all facilities, including those which have installed central air conditioning and heating, has been totally inadequate. Ventilation systems have often been broken and improperly maintained, recirculating the same stale air. Living areas have been unbearably hot in summer, and cold in winter. Many windows have been broken-out or inoperable, contributing to the uneven temperatures. Lighting has been inadequate for reading or other close work. Most of the living areas have had no furniture or furniture that is broken or worn-out, leaving prisoners with no
-16-

place to sit, eat or work. Noise has been unbearable throughout

the facilities.

43. There has been insufficient space for housing prisoners

throughout the Orleans Parish Prison. Men and women have been

consistently forced to sleep on bunks stacked three and four high,

and on floors in cells already filled to capacity, as well as in

dayroom areas not designed for housing. In the holding tanks in

the CLU, prisoners have been confined in crowded large cells where

they must sleep without mattresses or bedding on benches for days

at a time. Detainees under the influence of drugs or alcohol, or

those that are mentally ill, have routinely been placed in the

holding tanks with other detainees, frequently creating a

disturbance through their unpredictable conduct or by becoming ill.

Subsequent to the entry of the January 14, 1994 consent decree, the

CLU has been closed, and a new unit opened.

44. The danger of fire has been ignored and basic fire safety

measures have not been taken. Smoking policies have not been

enforced or have been enforced inconsistently.

Personal

belongings, including papers and clothing clutter the housing

areas. Metal lockers or cabinets have not been provided and

prisoners store their things in paper and plastic bags and in

cardboard boxes. The crowding of beds, furniture and people in

cellblocks and dorms makes evacuation in case of fire problematic

and a threat to life and limb. Broken locks, blocked exits, lack

of smoke detectors, extinguishers and fire drills add to the

danger.

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45. As noted in paragraph 4, prior to the commencement of trial on these conditions claims, on November 22, 1993, the parties entered into a Consent Decree which provided for specific renovations to the physical plant of several enumerated Orleans Parish Prison facilities, required compliance with State Health, Safety, Fire and Building codes, and established guidelines for the provision of recreation, programming, clothing, bedding, personal hygiene, security and classification, and disciplinary practices. Defendants are being monitored for compliance with the consent decree and are subject to enforcement proceedings. On December 21, 1994, the Court: 1) expanded the class of the Hamilton litigation to include all prisoners housed in Templeman I, II, and III, and any female prisoners housed in any Orleans Parish Prison facility; 2) extended the conditions consent decree to all members of the newly defined class, and 3) transferred and consolidated the newly raised issues — physical plant of South White Street, Rendon Street, Orleans Parish Prison practices specifically affecting women prisoners, and legal access — into the Hamilton case, to be handled as the fourth phase of Hamilton.
D. Phase IV - Conditions and Practices in the Women 's Facilities and Legal Access
46. Plaintiffs reallege and incorporate in this section the allegations contained in 55 16-44 of this complaint. It is expected that the extension of the medical, psychiatric and conditions remedial oders entered in Phases I, II, and III of this case will redress those allegations as they effect female prisoners. Defendants are being monitored for compliance with the
-18-

several consent decrees and various orders and are subject to enforcement proceedings. Complete relief, however, will require specific renovations, remedies or measures tailored to the confinement of female prisoners in Rendon and South White Street, Templeman III, or wherever else they may be confined.
47. The only claims from the Lambert complaint not resolved by the Court's action in expanding the Hamilton class and extending the scope of the remedial orders in that case, are the subject of Phase IV of this litigation, set out below in H5 48-75. Plaintiffs allege that the conditions and practices described below violate plaintiffs' rights under the First, Fourth, Fifth, Eighth, and Fourteenth Amendments.
Physical Plant and Environmental Conditions 48. Female prisoners are housed in a number of facilities, two of which are specifically designated for them at this time: South White Street and Rendon Street. Female prisoners are also housed in Templeman I and III and in the House of Detention. 49. Female prisoners are crowded into these facilities in open bay dormitories and are confined inside, almost without exception, twenty-four hours a day. 50. Due to the physical layout of the facilities and the population density, there is no receiving tier for new arrivals to be housed while they are medically cleared and classified. As a matter of policy and practice, defendants house newly received inmates in general population, which increases the risk of exposure of staff and prisoners to communicable diseases, such as tuberculosis and crabs.
-19-

51. Unlike their male counterparts, female prisoners with ambulatory or chronic medical problems are not provided with either an infirmary or step-down unit.
52. Because of the physical layout of the facilities and the population density, defendants are not able to provide adequate segregation housing for special management prisoners including prisoners with mental illnesses, predators, and persons in need of protection. The few cells set aside in the SWS facility are used almost exclusively to house immigration holds in virtual lock-down status. Therefore, there is an atmosphere of chaos and disorder which pervades each of these housing units.
53. In Templeman III, there are no emergency buzzers accessible during lockdown, no guards posted in the cell-block area, and no clear visibility into the cell-blocks from the control module. Prisoners are unable to contact guards in the event of an emergency, creating the risk of serious injury.
54. The conditions described in II 48 through 53, above, among others, subject plaintiffs to life-threatening conditions of confinement.
Sexual Misconduct and Degrading Treatment 55. In this phase of the litigation, allegations of sexual misconduct, harassment and degrading treatment arose in the context of investigating conditions in specific women's facilities not governed by the previous consent decrees. However the problems exist system-wide, in all facilities which house women. On information and belief, certain Orleans Parish Prison officers have
-20-

engaged in a pattern and practice of sexually assaulting female inmates and extracting sexual favors from them. These officers also allow male inmate trustees to extract sexual favors from female inmates. This conduct frequently occurs incident to placement in the disciplinary segregation or the mental health units or during transport to court. Due to the nature of this conduct and fear of retaliation, many female prisoners are reluctant to discuss these allegations.
56. In conjunction with the conduct described above, female inmates are routinely subjected to vulgar sexual remarks and sexual slurs and epithets by Orleans Parish Prison officers. Prisoners who object to such indignities are charged with verbal disrespect, and disciplined under the guise of maintenance of institutional respect and decorum.
57. Correctional officers often fraternize with specific inmates, unprofessionally establishing personal relationships and creating an atmosphere of favoritism.
58. Defendants have failed to train, discipline or control properly the sexually abusive and degrading actions of correctional officers.
59. The practices and procedures outlined in 55 55 through 58, supra, subject plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being.
-21-

Privacy 60. In all facilities that house female prisoners, Orleans Parish Prison officers routinely fail to inform female prisoners that there is a man in the facility. Consequently male guards and other personnel often observe female prisoners while they are nude or partially nude. Similarly, due to the lack of any barrier or privacy curtain between the shower area and the remainder of the dorm, these men sometimes observe the shower areas. These "observations" are unrelated to the need to establish a "count" of inmates or any other security need. 61. In SWS, there are closed-circuit cameras in the women's shower areas. The camera monitors are located in the correctional officer's central module, at the front of SWS. Consequently, any man entering this facility can observe the women in the showers. The use of this monitoring equipment violates the inmates' rights to privacy. 62. Defendants inconsistently apply their strip search policy to female prisoners, inappropriately using the strip search as a form of harassment. Additionally, strip searches are routinely conducted in public places, often in front of an entire dorm, in violation of prisoners' privacy. 63. In SWS and Rendon Street, bathroom facilities consist of approximately five toilets positioned three feet apart, at one end of the dormitory. There are no barriers between the toilets, in violation of prisoners'rights to privacy.
-22-

64. The practices and procedures outlined in 5f 60 through 63, supra, subject plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being.
Legal Access 65. Prisoners are denied adequate opportunities to have contact with their attorney. The nearly one hundred prisoners in each of the dormitories of SWS and Rendon have access to only three telephones and the hours of access to these telephones are unduly limited. The telephones are frequently turned off for days at a time for disciplinary reasons, preventing prisoners from contacting their attorneys. 66. The defendants routinely open inmates' legal mail outside of the presence of the inmates. 67. The defendants do not provide adequate facilities for legal visits. The same room is used for legal visits as for nonlegal visits. As a result, legal visits are denied during regular visiting hours. 68. The visiting room at SWS is divided by a solid glass wall. Approximately twelve round stools are positioned on each side of the glass, one foot apart. There are no partitions between the stools, and desks for note-taking. Telephone receivers, many of which are broken, must be used to communicate, making it impossible for two attorneys to speak with an inmate at the same time. Generally, when several legal visits are being conducted at once, maintaining attorney-client confidentiality is almost impossible. Due to the barrier, it is not possible to
-23-

pass legal documents or for a lawyer and client to review legal documents simultaneously. The visiting room at Templeman III is similar to that at SWS, except that there are no telephones. Instead both parties must shout through a glass partition. There are similar problems with visitation at the House of Detention and Templeman I and II. Rendon Street has no visitation room.
69. Defendants often require female plaintiffs to visit with their attorneys at facilities other than those in which they are housed, necessitating long waits in cramped holding cells, delay in receipt of medication or food, and strip searches subsequent to transportation outside of the facility. These practices discourage inmates from exercising their legal rights.
70. Prisoners in Orleans Parish Prison are routinely denied contact attorney visits, unnecessarily infringing on their rights to access to the courts and counsel and the confidentiality of legal materials. These prisoners are unable to review documents simultaneously with their attorneys and documents must be given to officers to pass between attorney and prisoner. The officers are out of view of the attorney and prisoner when delivering documents from one to the other. There are delays in the passage of documents when an officer is unavailable.
71. The Sheriff and his delegees have consistently obstructed access to female plaintiffs by the ACLU National Prison Project (NPP) and other legal service organizations. This obstruction has taken the form of outright denial of access under certain circumstances, unnecessary delays in obtaining access,
-24-

use of intimidation tactics, and transfer of inmates who request visits with NPP lawyers or who make allegations of abuse. For example, Sheriff's employees questioned one prisoner, immediately following a legal visit with a NPP representative, about the substance of their discussion.
72. Prisoners, including those who are indigent, are not provided with pens, paper, stamps or notary services for their legal needs. Prisoners who can afford them may purchase these items from the Orleans Parish Prison store.
73. Because of the practices and procedures outlined in \\ 65 through 72, supra, plaintiffs are denied meaningful access to the courts and effective assistance of counsel.
Visitation 74. After giving birth, female prisoners are immediately separated from their newborn babies, and are thereafter denied the opportunity to breast-feed during regular visiting hours. This practice subjects plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being, and unreasonably interferes with the parent-child relationship. 75. Visitation is limited to a total of three visitors. Children must be accompanied by an adult. Therefore, prisoners with three or more children must completely forego visitation with one or more of their children. Visits that do occur are limited to fifteen minutes, in cramped and crowded visitation rooms, divided by a glass partition.
-25-

76. The practices and procedures outlined in 1111 74 through 75, supra, subject plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being, unreasonably interfere with the parent-child relationship, and unreasonably cut prisoner ties to the community.
VII. DEFENDANTS' KNOWLEDGE OF THE DEFICIENCIES 77. Numerous prisoners have attempted, to no avail, to file individual grievances complaining to prison staff about inadequate and inappropriate treatment, conditions and care. Through plaintiffs complaints and advocacy efforts on behalf of individual plaintiffs, defendants have been informed on numerous occasions regarding specific instances of inappropriate treatment and care. Moreover, all defendants have been on notice of these allegations since the filing of the Lambert complaint in July 1994. 78. As the lawful custodian of the Orleans Parish Prison, Sheriff Foti has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 79. As Mayor of the City of New Orleans, Mayor Morial has the responsibility for financing and maintaining the Orleans Parish Prison. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them. 80. As Governor of the State of Louisiana, Governor Edwards has the responsibility through his delegees for providing custodial care for state-sentenced prisoners and state forensic patients confined at Orleans Parish Prison. He has knowledge of
-26-

the complained of conditions and has failed to take adequate measures to correct them.
81. As Secretary of the Louisiana Department of Corrections, Secretary Stalder has the responsibility for providing the custodial care for state-sentenced prisoners. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them.
82. As Secretary of the Louisiana Department of Health and Hospitals, Secretary Pilley has the responsibility for providing the custodial care for state forensic patients at Orleans Parish Prison. He has knowledge of the complained of conditions and has not taken adequate measures to correct them.
VIII. CLAIMS FOR RELIEF A. Medical, Psychiatric. Physical Environment, and
Conditions and Practices 83. Plaintiffs reallege and incorporate by reference paragraphs 16 through 75. 84. Defendants fail to provide plaintiffs with the basic necessities of life, including adequate food, shelter, sanitation, medical and mental health care, and personal safety. The conditions in these facilities are incompatible with contemporary standards of decency, cause unnecessary and wanton infliction of pain and are not reasonably related to any legitimate governmental objectives. As a result of the defendants' deliberate indifference, sentenced prisoners are thereby subjected to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States
-27- '

Constitution, and pretrial detainees are subjected to impermissibly punitive conditions in violation of the Due Process Clause of the Fourteenth Amendment.
B. Sexual Misconduct and Degrading Treatment 85. As alleged in 15 55 through 58, the defendants have subjected plaintiffs to a pattern and practice of sexual misconduct including sexual assault, extraction of sexual favors, and derisive sexual slurs and epithets by Orleans Parish Prison officers, in violation of the Eighth and Fourteenth Amendments. Female plaintiffs have been targeted for harassment because of their sex in violation of the Equal Protection clause of the Fourteenth Amendment.
C. Privacy 86. As alleged in If 60 through 63, the defendants have violated plaintiffs right to privacy under the First, Fourth, and Fourteenth Amendments. In addition, defendants' violation of plaintiffs' privacy violates the Eighth Amendment of the United States Constitution.
D. Legal Access Claim 87. As alleged in 11 65 through 72, the defendants' interference with plaintiffs' legal access, denial of legal visits and denial of contact attorney visits deprive plaintiffs of their right to meaningful access to the courts as guaranteed by the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
-28-

E. Visitation 88. As alleged in H5 74 through 75, the defendants have violated plaintiffs right to privacy, family autonomy, and freedom from cruel and unusual punishment under the First, Fourth, Fifth, Eighth and Fourteenth Amendments.
VIII. NO ADEQUATE REMEDY AT LAW 89. As a proximate result of the defendants' 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 their confinement 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 1. WHEREFORE, plaintiffs and the class they represent pray that this Court grant the following relief: A. Issue a declaratory judgment pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, stating that the defendants' policies, practices, acts and omissions described in this Complaint violate plaintiffs' rights, guaranteed to them by the First, Fourth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution;
-29-

B. Permanently enjoin defendants, their officers, agents, employees and successors in office, as well as those acting in concert and participating with them, from engaging in the unlawful practices described in this Complaint;
C. Retain jurisdiction of this matter until this Court's orders have been carried out;
D. Award plaintiffs their reasonable costs and attorneys' fees pursuant to 42 U.S.C. § 1988; and
E. Grant such other relief as may be just and equitable.

Respectfully submitted,

M<uu~-
Mark J. Lopez Karen A. Bower Mohamedu F. Jones National Prison Project of the ACLU 1875 Connecticut Ave. NW Suite 410 Washington, DC 20009 (202) 234-4830 Bar Roll #20100000

Richard Cook P.O. Box 13664 New Orleans, LA (504) 865-9595 Bar Roll #21248

70185

William P. Quigley Loyola Law Clinic 7214 St. Charles Ave. New Orleans, LA 70118 (504) 861-5590 Bar Roll #7769

Attorneys for Plaintiffs

Dated: March 9, 1995

-30-

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

LOUIS HAMILTON, et al., Plaintiffs,
v. ERNEST N. MORIAL, et al.,
Defendants.

)
) )
) CIVIL ACTION NO. 69-2443 ) Section LLM (5) Consolidated ) With Civil Action Numbers: ) 87-5867, 88-3736, 88-1162, ) 88-5564, 89-1084, and 94-2502 )

PARTIAL AMENDED COMPLAINT
In July 1994, the related case of Lambert v. Morial. 94-2502, involving female inmates, was initiated. On December 21, 1994, with the consent of all parties, the Court (1) expanded the class in this litigation to "any and all inmates housed in the Community Correctional Center, House of Detention, Old Parish Prison, Templeman I, II, and III, and any and all female inmates housed in any facility in the Orleans Parish Prison System," (2) extended the June 10, 1991 consent decree on medical issues, the plan for a psychiatric program, and the January 14, 1994 environmental consent decree to cover the amended class, and (3) transferred and consolidated the remaining issues in the Lambert case into this case -- to be handled as Phase IV. Accordingly, the purpose of this amended complaint is to incorporate the case of Lambert v. Morial into the present case and to delineate the remaining issues before the Court to be addressed in Phase IV of the case.
Plaintiffs, on behalf of themselves and the class alleged herein, therefore amend their Complaint to add paragraphs 13a. and 13b., to substitute Rose Forrest for J. Christopher Pilley in
Hamilton v. Morial
llllllllllllllil JC-LA-003-014

paragraph 18, and to substitute the following paragraphs for paraghaphs 45 to 53 of the Amended Complaint filed in January 1992.
13a. At the time the Lambert case was brought and certification was sought, plaintiff Serelda Lambert was incarcerated as a sentenced prisoner at the South White Street jail. Prior to that time she was housed in various Orleans Parish Prison facilities, including Rendon Street. She suffered violations of her constitutional rights while confined at those facilities.
13b. At the time the Lambert case was filed and class certification sought, plaintiff Pamela Edwards was a pretrial detainee at the South White Street jail. Prior to that time she was housed in various Orleans Parish Prison facilities, including Rendon Street. She suffered violations of her constitutional rights while confined at those facilities.
Phase IV - Conditions and Practices in the Women's Facilities and Legal Access Most of the physical plant, environmental and operational allegations have been resolved by the entry of an environmental consent decree of November 22, 1993. However, in addition to the sexual misconduct, privacy, legal access and visitation issues below, the following physical plant issues were not resolved.
Physical Plant and Environmental Conditions 45. Female prisoners are housed in a number of facilities, two of which are specifically designated for them at this time: South White Street and Rendon Street. Female prisoners are also housed in Templeman I and III and in the House of Detention.
-2-

•
46. Female prisoners are crowded into these facilities in open bay dormitories and are confined inside, almost without exception, twenty-four hours a day.
47. Due to the physical layout of the facilities and the population density, there is no receiving tier for new arrivals to be housed while they are medically cleared and classified. As a matter of policy and practice, defendants house newly received inmates in general population, which increases the risk of exposure of staff and prisoners to communicable diseases, such as tuberculosis and crabs.
48. Unlike their male counterparts, female prisoners with ambulatory or chronic medical problems are not provided with either an infirmary or step-down unit.
49. Because of the physical layout of the facilities and the population density, defendants are not able to provide adequate segregation housing for special management prisoners including prisoners with mental illnesses, predators, and persons in need of protection. The few cells set aside in the SWS facility are used almost exclusively to house immigration holds in virtual lock-down status. Therefore, there is an atmosphere of chaos and disorder which pervades each of these housing units.
50. In Templeman III, there are no emergency buzzers accessible during lockdown, no guards posted in the cell-block area, and no clear visibility into the cell-blocks from the control module. Prisoners are unable to contact guards in the event of an emergency, creating the risk of serious injury.
-3-

51. The conditions described in 11 45 through 50, above, among others, subject plaintiffs to life-threatening conditions of confinement.
Sexual Misconduct and Degrading Treatment 52. In this phase of the litigation, allegations of sexual misconduct, harassment and degrading treatment arose in the context of investigating conditions in specific women's facilities not governed by the previous consent decrees. However the problems exist system-wide, in all facilities which house women. On information and belief, certain Orleans Parish Prison officers have engaged in a pattern and practice of sexually assaulting female inmates and extracting sexual favors from them. These officers also allow male inmate trustees to extract sexual favors from female inmates. This conduct frequently occurs incident to placement in the disciplinary segregation or the mental health units or during transport to court. Due to the nature of this conduct and fear of retaliation, many female prisoners are reluctant to discuss these allegations. 53. In conjunction with the conduct described above, female inmates are routinely subjected to vulgar sexual remarks and sexual slurs and epithets by Orleans Parish Prison officers. Prisoners who object to such indignities are charged with verbal disrespect, and disciplined under the guise of maintenance of institutional respect and decorum. 54. Correctional officers often fraternize with specific inmates, unprofessionally establishing personal relationships and creating an atmosphere of favoritism.
-4-

55. Defendants have failed to train, discipline or control properly the sexually abusive and degrading actions of correctional officers.
56. The- practices and procedures outlined in ff 52 through 55, supra, subject plaintiffs to confinement under ^harmful conditions that are detrimental to their health and well-being.
Privacy 57. In all facilities that house female prisoners, Orleans Parish Prison officers routinely fail to inform female prisoners that there is a man in the facility. Consequently male guards and other personnel often observe female prisoners while they are nude or partially nude. Similarly, due to the lack of any barrier or privacy curtain between the shower area and the remainder of the dorm, these men sometimes observe the shower areas. These "observations" are unrelated to the need to establish a "count" of inmates or any other security need. 58. In SWS, there are closed-circuit cameras in the women's shower areas. The camera monitors are located in the correctional officer's central module, at the front of SWS. Consequently, any man entering this facility can observe the women in the showers. The use of this monitoring equipment violates the inmates' rights to privacy. 59. Defendants inconsistently apply their strip search policy to female prisoners, inappropriately using the strip search as a form of harassment. Additionally, strip searches are routinely conducted in public places, often in front of an entire dorm, in violation of prisoners' privacy.
-5-

60. In SWS and Rendon Street, bathroom facilities consist of approximately five toilets positioned three feet apart, at one end of the dormitory. There are no barriers between the toilets, in violation of prisoners'rights to privacy.
61. The practices and procedures outlined in Uf 57 through 60, supra, subject plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being.
Legal Access 62. Prisoners are denied adequate opportunities to have contact with their attorney. The nearly one hundred prisoners in each of the dormitories of SWS and Rendon have access to only three telephones and the hours of access to these telephones are unduly limited. The telephones are frequently turned off for days at a time for disciplinary reasons, preventing prisoners from contacting their attorneys. 63. The defendants routinely open inmates' legal mail outside of the presence of the inmates. 64. The defendants do not provide adequate facilities for legal visits. The same room is used for legal visits as for nonlegal visits. As a result, legal visits are denied during regular visiting hours. 65. The visiting room at SWS is divided by a solid glass wall. Approximately twelve round stools are positioned on each side of the glass, one foot apart. There are no partitions between the stools, and desks for note-taking. Telephone receivers, many of which are broken, must be used to communicate,
-6-

making it impossible for two attorneys to speak with an inmate at the same time. Generally, when several legal visits are being conducted at once, maintaining attorney-client confidentiality is almost impossible. Due to the barrier, it is not possible to pass legal documents or for a lawyer and client to review legal documents simultaneously. The visiting room at Templeman III is similar to that at SWS, except that there are no telephones. Instead both parties must shout through a glass partition. There are similar problems with visitation at the House of Detention and Templeman I and II. Rendon Street has no visitation room.
66. Defendants often require female plaintiffs to visit with their attorneys at facilities other than those in which they are housed, necessitating long waits in cramped holding cells, delay in receipt of medication or food, and strip searches subsequent to transportation outside of the facility. These practices discourage inmates from exercising their legal rights.
67. Prisoners in Orleans Parish Prison are routinely denied contact attorney visits, unnecessarily infringing on their rights to access to the courts and counsel and the confidentiality of legal materials. These prisoners are unable to review documents simultaneously with their attorneys and documents must be given to officers to pass between attorney and prisoner. The officers are out of view of the attorney and prisoner when delivering documents from one to the other. There are delays in the passage of documents when an officer is unavailable.
-7-

•—s
68. The Sheriff and his delegees have consistentlyobstructed access to female plaintiffs by the ACLU National Prison Project (NPP) and other legal service organizations. This obstruction has taken the form of outright denial of access under certain circumstances, unnecessary delays in obtaining access, use of intimidation tactics, and transfer of inmates who request visits with NPP lawyers or who make allegations of abuse. For example, Sheriff's employees questioned one prisoner, immediately following a legal visit with a NPP representative, about the substance of their discussion.
69. Prisoners, including those who are indigent, are not provided with pens, paper, stamps or notary services for their legal needs. Prisoners who can afford them may purchase these items from the Orleans Parish Prison store.
70. Because of the practices and procedures outlined in *1 62 through 69, supra, plaintiffs are denied meaningful access to the courts and effective assistance of counsel.
Visitation 71. After giving birth, female prisoners are immediately separated from their newborn babies, and are thereafter denied the opportunity to breast-feed during regular visiting hours. This practice subjects plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being, and unreasonably interferes with the parent-child relationship.
-8-

72. Visitation is limited to a total of three visitors. Children must be accompanied by an adult. Therefore, prisoners with three or more children must completely forego visitation with one or more of their children. Visits that do occur are limited to fifteen minutes, in cramped and crowded visitation rooms, divided by a glass partition.
73. The practices and procedures outlined in ff 71 through 72, supra, subject plaintiffs to confinement under harmful conditions that are detrimental to their health and well-being, unreasonably interfere with the parent-child relationship, and unreasonably cut prisoner ties to the community.
VII. DEFENDANTS' KNOWLEDGE OF THE DEFICIENCIES 74. Numerous prisoners have attempted, to no avail, to file individual grievances complaining to prison staff about inadequate and inappropriate treatment, conditions and care. Through plaintiffs complaints and advocacy efforts on behalf of individual plaintiffs, defendants have been informed on numerous occasions regarding specific instances of inappropriate treatment and care. Moreover, all defendants have been on notice of the allegations in Phase IV since the filing of the Lambert complaint in July 1994. 75. As the lawful custodian of the Orleans Parish Prison, Sheriff Foti has knowledge of the complained of conditions and has failed to take adequate measures to correct them.
-9-

76. As Mayor of the City of New Orleans, Mayor Morial has the responsibility for financing and maintaining the Orleans Parish Prison. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them.
77. As Governor of the State of Louisiana, Governor Edwards has the responsibility through his delegees for providing custodial care for state-sentenced prisoners and state forensic patients confined at Orleans Parish Prison. He has knowledge of the complained .of conditions and has failed to take adequate measures to correct them.
81. As Secretary of the Louisiana Department of Corrections, Secretary Stalder has the responsibility for providing the custodial care for state-sentenced prisoners. He has knowledge of the complained of conditions and has failed to take adequate measures to correct them.
82. As Secretary of the Louisiana Department of Health and Hospitals, Secretary Forrest has the responsibility for providing the custodial care for state forensic patients at Orleans Parish Prison. He has knowledge of the complained of conditions and has not taken adequate measures to correct them.
VIII. CLAIMS FOR RELIEF A. Medical. Psychiatric. Physical Environment, and
Conditions and Practices 83. Plaintiffs reallege and incorporate by reference paragraphs 25 through 82. 84. Defendants fail to provide plaintiffs with the basic necessities of life, including adequate food, shelter,
-10-

sanitation, medical and mental health care, and personal safety. The conditions in these facilities are incompatible with contemporary standards of decency, cause unnecessary and wanton infliction of pain and are not reasonably related to any legitimate governmental objectives. As a result of the defendants' deliberate indifference, 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 impermissibly punitive conditions in violation of the Due Process Clause of the Fourteenth Amendment.
B. Sexual Misconduct and Degrading Treatment 85. As alleged in ff 52 through 55, the defendants have subjected plaintiffs to a pattern and practice of sexual misconduct including sexual assault, extraction of sexual favors, and derisive sexual slurs and epithets by Orleans Parish Prison officers, in violation of the Eighth and Fourteenth Amendments. Female plaintiffs have been targeted for harassment because of their sex in violation of the Equal Protection clause of the Fourteenth Amendment.
C. Privacy 86. As alleged in ff 57 through 60, the defendants have violated plaintiffs right to privacy under the First, Fourth, and Fourteenth Amendments. In addition, defendants' violation of plaintiffs' privacy violates the Eighth Amendment of the United States Constitution.
-11-

D. Legal Access 87. As alleged in If 62 through 69, the defendants' interference with plaintiffs' legal access, denial of legal visits and denial of contact attorney visits deprive plaintiffs of their right to meaningful access to the courts as guaranteed by the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
E. Visitation 88. As alleged in ff 71 through 72, the defendants have violated plaintiffs right to privacy, family autonomy, and freedom from cruel and unusual punishment under the First, Fourth, Fifth, Eighth and Fourteenth Amendments.
VIII. NO ADEQUATE REMEDY AT LAW 89. As a proximate result of the defendants' 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 their confinement 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.
-12-

•
IX. PRAYER FOR RELIEF 90. WHEREFORE, plaintiffs and the class they represent praythat this Court grant the following relief: A. Issue a declaratory judgment pursuant to 2 8 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, stating that the defendants' policies, practices, acts and omissions described in this Complaint violate plaintiffs' rights, guaranteed to them by the Eighth and Fourteenth Amendments to the United States Constitution; B. Permanently enjoin defendants, their officers, agents, employees and successors in office, as well as those acting in concert and participating with them, from engaging in the unlawful practices described in this Complaint; C. Retain jurisdiction of this matter until this Court's orders have been carried out; D. Award plaintiffs their reasonable costs and attorneys' fees pursuant to 42 U.S.C. § 1988; and
-13-

E. Grant such other relief as may be just and equitable Respectfully submitted,

//

Mark J. Lopez Karen A. Bower Mohamedu F. Jones National Prison Project of the ACLU 1875 Connecticut Ave. NW Suite 410 Washington, DC 20009 (202) 234-4830 Bar Roll #20100000

Richard Cook P.O. Box 13664 New Orleans, LA (504) 865-9595 Bar Roll #21248

70185

William P. Quigley Loyola Law Clinic 7214 St. Charles Ave. New Orleans, LA 70118 (504) 861-5590 Bar Roll #7769

Attorneys for Plaintiffs

Dated: April

, 1995

-14-

CERTIFICATE OF SERVICE I hereby certify that a copy of the plaintiffs' Partial Amended Complaint has been delivered by First Class Mail to Patricia Bowers, Bowers & Bowers, Place St. Charles, 201 St. Charles Street, Suite 2505, New Orleans, Louisiana 70170; Allen Usry, Usry & Weeks, 2800 Veterans Memorial Blvd., Suite 180, Metairie, Louisiana 70002; and Terri Love, Deputy City Attorney, 1300 Perdido Street, Room 2W23, New Orleans, Louisiana 70112 this 5th day of April, 1995.
Karen A. Bower
-15-

 
 08'-23- 9C"

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL. VERSUS ERNEST N. MOR1AL, ET AL.

CIVIL ACTION NUMBER: 69-2443 & con. cases SECTION: "LLM" (5)

STIPULATION REGARDING PHASE fV COMPLAINT Plaintiffs and defendants Sheriff Charles C. Foti; Mayor Mark Mortal; Governor Edwiu Edwards; Rose Forrest, Secretary of the Louisiana Department of Health and Hospital*; and Richard Sialdcr, Secretary of the Louisiana Department of Public Safety and Coircctiuns, appearing through their undersigned counsel, hereby stipulate and agree 10 ihc following with regard to the Partial Amended Complaint filed herein by plaintiffs pursuant to authority of this Court's Minute Entry of April 20, 1995 (the "Phase IV Complaint"). The Phase IV Complaint raises allegations under the First, Fourth, Sixth, Eighth and Fourteenth Amendments u> the United States Constitution, .seeking declaratory and iujunctivc relief. In particular, it raises allegations in Paragraphs 45 through 51 concerning physical plant and environmental conditions at facilities located on South White Street, on Rcndon Street, and in portions of the Tcmplcman and House of Detention facilities (the "Physical Plant" allegations;; allegations in Paragraphs 52 through 56 of sexual misconduct ("Scxu«l Misconduct"); allegations in Paragraphs 57 through 61 of lack of privacy ("Privacy"); allegations in Paragraphs 62 through 70 of denial of legal access ("Legal Access"); and allegations in Paragraphs 71 through 73 of inadequate visitation ("Visitation").
Hamilton v. Morial
JC-LA-003-015

II is the purpose uf this Stipulation to provide an orderly, expeditious anci e method lo resolve all allegations and ciaims raised by the Phase JV Complaint. The- defendants categorically deny all the allegations contained in the Phase IV Complaint. However, in order to bring an end to this litigation and (he substantial expenditures of time and rcsuun.es associated therewith, defendants agree to the following us <t settlement ul litigation on issues relating u> Sexual Misconduct and Privacy without a trial. The plaintiffs share this desire. As a consequence, the parties now agree lo currently forego trial on the merits of the Sexual Misconduct and Privacy allegations as set forth in Paragraphs 52 through 61 of the Plwsc IV Complaint, and to bring this portion of this phii.se of the litigation to a conclusion by submitting this Stipulation to the Court for its review and ultimate approval. None of the issuer in the Phase IV Complaint relative to cither Legal Access or Visitation arc intended to be resolved or otherwise affected by this Stipulation. The current trial date for these issues of August 34, 1995 is hereby continued; these matters shall be reset for trial commencing November 13, 1995. The physical plant issues shall be resolved separately through other orders of the Court. Nothing herein constitutes an admission by any party (plaintiffs or defendants) that any oilier parly is * "prevailing parly" under 42 U.S.C. §1988 in connection with any allegation of the Phase IV Complaint by virtue of this Stipulation. To the contrary, all parties reserve the right to oppose any party's application under 42 U.S.C. §1988 for fees, costs or other expenses «nd <tlsv> to submit their own applications to the Court for payment of their own lees, costs and other allowable expenses.

08-^95 08:10

USDC EL'LH 504-5S9-3I99

By August 23, 1995, the Sheriff will submit to (he Court (with copies to all other panics) his existing policies on Sexual Misconduct together with any modifications (hereto or additional policies concerning Sexual Misconduct which he has already considered adopting or is willing lo consider adopting. The proposal submitted will contain provisions which mkujualcly atssurc the Court that any deputy found in violation of the Sexual Misconduct policy shall be subject lo the jurisdiction and contempt power of the Court in addition to any other available departmental, civil or criminal remedies. The Sheriff's proposal shall also address those provisions which he deems appropriate with re.sjnx-l to the Court «nd/or plaintiffs' counsel monitoring compliance with the Sexual Misconduct policy. The Court shall allow all other parties an opportunity to review such present and proposed policies and provide ihcir written comments to the Court by August 31, 1995, together with any different or additional policies or monitoring procedures they believe appropriate. If the parlies can agree to the contents of a jwlicy and to monitoring procedures they will .submit it to the Court for its approval. In the event the parties cannot agree on the contents of a policy and/or on monitoring procedures, the Court will schedule a status conference with all parties to attempt to resolve any remaining disagreements. If the parties still cannot agree, the Court will formulate a policy and/or monitoring procedures. The parties shall in good faith consider accepting the Court's policy. However if the Sheriff or any other defendants or plaintiffs object to any portion of the Court's policy, such party shall have the right, within a time fixed by the Court, to file Its written objections as to any factual, legal or other matters that cannot be resolved (including, but not by way of limitation, the eonstituiiomil necessity Of any such policies) and request and obtain un evidentiary hearitig lo present evidence (including expert testimony if appropriate) to the Court on such matters. This hearing will be

23-'95

08: 10

iJSD'I E I L H 504- S31?-313'?

Jn the nature of a trial from which an appeal may be taken. The issue of Privacy will be resolved after an on-site inspection of facilities oi ihc
Orleans Parish Prison system housing, holding or transporting female inmates by the Magistrate Judge, on a date to be determined by the Magistrate Judge. Each party may designate a representative to accompany the Magistrate Judge in (his inspection. Following such inspection, the Magistrate shall inform the parties of the manner, if any, in which .she believes that the Sheriff's policies or facilities do not meet constitutional lights to privacy. The Magistrate Judge shall also fix a time in which all parties may present their written objections to her findings. If there is no disagreement between the parties as to the Magistrate Judge's recommendations, the parlies shall jointly move the Court to adopt such recommendations as an order of the Court. If Ihc Sheriff or any other defendants or plaintiffs object to any portion of the Court's policy, such party shall have the right, within a time fixed by the Court to file its written objections as to any factual, legal or other matters that cannot be le.solvcd (including, but not by way of limitation, the constitutional necessity of any such policies) and request and obtain an evidentiary hearing lo present additional evidence (including expert testimony if appropriate) to the Cwui i on such matters. This hearing will be in the nature of a trial from which an aujjcttl may be taken.
Except by order of the Court, no further discovery of any kind shall be conducted or initiated by plaintiffs or defendants on any issues raised by the Phase IV Complaint other than Legal Access and Visitation. Discovery responses related to ihe Legal Access and Visitation allegations shall be produced by August IB, 1995.

08-23/95,

USD'." EDLH 5C4- 58?-

FOR PLAINTIFFS:

Respectfully submitted, FOR SHERIFF OFFICE DEFENDANTS:

-•*<.

'

-

Mark J. Lopez

'

'

Karen A. Bower

Mohamedu F. Jones

NATIONAL PRISON PROJECT OF THE

ACLU

1875 Connecticut Ave., N.W., Suite 410

Washington, D.C. .20009

(202) 234-4830

FOR CITY DEFENDANT:

T. Allen Usry

\W

USRY & WEEKS

P. O. Box 0645

2800 Veterans Memorial Blvd., Suite 180

Metallic, Louisiana 70009-6645

(504) 833-4600

FOR UTATE PEi''ENDANTS

M. Michelle Scgu
Assistant City Aiturney City Hall - Room 2W23 1300 Pcrdido Street New Orleans, Louisiana 70112 (504) 565-6222
Dated: August jfO., 1995

*alricia Nallcy Btmers BOWERS & BOWbRS 201 Si. Charles Avenue New Orleans, Louisiana 70170 (504) 522-3340

 
 Hamilton v. Morial

.... ... ..--.. — . . - - - - - .... IIBBII ••••• !!•!• • " " '•••
JC-LA-003-016
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

'•
u liJ 111 Cir-' ^ V

LOUIS HAMILTON VERSUS ERNEST N. MORIAL

CIVIL ACTION NO. 69-2443 SECTION "LLM"

CONSENT DECREE
On April 20, 1992,plaintiffs filed a Motion for a Preliminary Injunction seeking to enjoin certain alleged disciplinary conditions and practices regarding the confinement of juveniles at the Orleans Parish Prison. An order prohibiting corporal punishment was rendered by Minute Entry dated April 29, 1992, and is incorporated into this decree by reference. In lieu of proceeding to trial, the parties have agreed to the following terms which shall be entered as the order of the Court:
1. The Sheriff will not confine individuals under the jurisdiction of the juvenile court in adult facilities of the Orleans Parish Criminal Sheriff's Office, except for booking purposes up to twelve (12) hours. During this period, the individual shall be sight and sound separated from adult prisoners;
2. Disciplinary sentences will not exceed fifteen (15) days for a single incident.

ts a :"v-v

: 41992
I HI"

3. The Sheriff will not confine juveniles for consecutive disciplinary sentences for conduct arising out of the same incident. (The individual shall serve his sentence, return to population, and only return to lock-down if there is a new incident resulting in a disciplinary hearing and finding.)/*
4. The Sheriff shall provide each individual in disciplinary lock-down one (1) hour per day of out-of-cell time and one (1) hour per week of outdoor exercise. This activity shall occur between the hours of 6:00 a.m. and 10:00 p.m.;
5. The Sheriff shall provide security-appropriate furniture in the juvenile disciplinary unit for individuals to sit on during the day; (in two-man cells, this can be satisfied by allowing inmates to sit on their beds during the day);
6. The Sheriff shall .-provide individuals in the juvenile disciplinary unit with a toothbrush, tooth paste, soap and toilet paper. In addition, while uniforms are being laundered, suitable clothing shall be issued until the laundry is returned.
[] The entry of this consent decree shall not be deemed as an admission by defendant of any of plaintiffs1 allegations or of fault or liability with respect thereto. The defendants still deny plaintiffs1 allegations and deny fault and liability. Plaintiffs reserve the right to seek attorneys1 fees and other appropriate relief. All parties reserve all rights to seek modification of this decree if circumstances change and either party believes

modification is justified.
Agreed this 18th day of May, 1992,
VwtW
T. ALLEN(JUSRY,UT.A. Bar Roll No. 12988 FREEMAN R. MATTHEWS Bar Roll No. 9050 MAUREEN BLACKBURN JENNINGS Bar Roll No. 3100 Usry & Weeks 2800 Veterans Memorial Blvd. Metairie, Louisiana 70002 (504) 833-4600 Attorneys for Sheriff Foti
-i H -
Mark J. Lopez National Prison Project 1875 Connecticut Avenue, NW Washington, D.C. 20009 (202) 234-4830 Attorneys for plaintiffs

Approved this
A

_
of .J

, 1992,

UNITED STATES MAGISTRATE JUDGE

Approved this

UNITS8< STATES SENIOR DISTRICT JUD<!

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

- .. F'IEC
2 1

LOUIS HAMILTON, ET AL

CIVIL ACTION^

VERSUS ERNEST N. MORIAL, ET AL

NUMBER: 69-2443 & con. cases SECTION: "LLM"(5)

ORDER The Court, having considered the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and further, that as of this date plaintiff has filed no objections to the Magistrate Judge's Report and Recommendation, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion herein. Accordingly, IT IS ORDERED that the Consent Decree be entered as binding in the above-captioned matter until further orders^of the^Court. New Orleans, Louisiana, this /^tay of LA*~JC*G< , 1992.

Date of Entry

>TES DISTRICT JUDGE
Hamilton v. Morial
JC-LA-003-017
^PROCESS Jf CHARGE —INDEX
-jfflEARING ~ f.i't

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

LOUIS HAMILTON, et al.,

)

) Plaintiffs, )

) CIVIL ACTION

V.

) NO. 69-2443

) Section LLM (5) and

ERNEST N. MORIAL, et al.,

) Consolidated Cases

) Defendants. )

AMENDED COMPLAINT

Plaintiffs, on behalf of themselves and the certified class

herein, amend all prior complaints in this matter to add David

. Ramsey, Secretary of the Louisiana Department of Health and

Hospitals, and all of his successors in office, as a defendant

herein. Specifically, plaintiffs amend the complaint in Estevez.

et al. v. Foti. et al.. USDC No. 88-01162 "K"(5), and all the cases

consolidated therein, in the following particulars, without waiving

any of the claims which are already made against all defendants in

the Estevez and above-captioned proceedings:

I.

Plaintiffs seek to amend Section IV. defendants, to add

Paragraph 18-B which will read as follows:

18-B Defendant David Ramsey is the Secretary of the Louisiana Department of Health and Hospitals. As such, he is responsible for administration of the Office of Mental Health, which is legally responsible for those persons detained at the Orleans Parish Prison who have been found incompetent to stand trial. Louisiana statutes on not guilty by reason of insanity, contrary to Secretary Ramsey, has failed to take custody these individuals and find appropriate placement at state treatment facilities. He is sued in his official capacity.

II.

Plaintiffs additionally seek to amend Section VI factual

allegations, paragraph 34 to read as follows:

34. Services to psychiatric patients are inadequate, and constitutes deliberate indifference to prisoners1 needs. Mentally ill prisoners, including persons adjudicated incompetent to stand trial and persons found not guilty by reason of insanity, are often held in the jail for long periods of time for no reason other than a lack of space elsewhere or in an appropriate treatment facility. Psychiatric patients have consistently been subjected to abuse by staff. Psychological counseling or therapy for the general population is non-existent.
III.
In all other respects plaintiffs reallege and incorporate by
reference all of the allegations of the amended complaint in
Estevez v. Foti, USDC No. 88-01162, which allegations apply equally
against defendant Bruce Lynn as against all the other defendants.
Respectfully submitted,

William P. Quigley Fulton Place - Suite 119 901 Convention Center Blvd. New Orleans, LA 70130 (504) 524-0016 Bar Roll #7769

Dated: February 4, 1991

Mark J. Lopez Elizabeth Alexander Edward I. Koren Bar Roll #20100000 National Prison Project
of the ACLU Foundation 1875 Connecticut Avenue, #410 Washington, DC 20009 (202) 234-4830
Attorneys for Plaintiffs

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

LOUIS HAMILTON, et al.,

)

) Plaintiffs, )

V. ERNEST N. MORIAL, et al.,

) CIVIL ACTION ) NO. 69-2443 ) Section LLM (5) and ) Consolidated Cases

) Defendants. )

ORDER Upon consideration of plaintiffs1 motion to amend their original and amended complaint and to add a party defendant in Estevez v. Foti. USDC No. 88-01162 MK" (5), and the cases consolidated therein, it is hereby ordered that the motion is granted.

Date

U.S. Magistrate

 
 MINUTE ENTRY CHASEZ, M.J.
FEBRUARY 8; 1994

FILED
^SuTS voos ic:s m ^ ,
/i^ft $ * 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, ET AL VERSUS ERNEST N. MORIAL, ET AL

CIVIL ACTION
NUMBER: 69-2443 & con. cases SECTION: MLLMM(5)

A status conference was conducted in the above matter this

j ._
'—• -:,.".

Hamilton v. Morial
11111111

Allen Usry Sheriff Charles C. Foti, Jr.

JC-LA-003-019

Sheriff Foti sought a conference this morning in orderto call to the attention of the court and the parties that certain aspects ofthe conditions of confinement consent decree may need modification based upon the constraints of the new Tempieman III facility in which he is currently housing prisoners. More specifically, the exercise areas of that facility are indoor gymnasium type facilities rather than outdoor facilities called for by the consent decree. In addition, the Sheriff advised that, as to Templeman I and II, there are currently plansto close inexercise areas of those facilities as well so that they may likewise be considered indoor operations. The Sheriff brought with him plans for examination by counsel and the court

pertaining to each facility.

"T^^^r

FEBJL0J9S&

A DATE OF ENTRY- ^ —

•

&!££$*

The court advised Sheriff Foti's counsel to file a motion to amend the consent decree in order to bring it into conformity with the situation as it now exists in Templeman III and to address the proposed changes in Templeman I and II. Upon receipt of that motion, which counsel is ORDERED to file within the next two weeks, counsel for the other parties will be given ten days within which to respond in whatever fashion they deem appropriate.
Absent a specific request, the court will decide the issues raised on the pleadings filed without oral argument or an evidentiary hearing.
UNITED STATES MAGISTRATE JUDGE

 
 Hamilton v. Morial
iiiinieiiiii
JC-LA-003-020 IN THE UNITED STATES U1STRICT COURT FOR
THE EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al.,

Plaintiffs,

CIVIL ACTION

V.
ERNEST N. MORIAL, et al. Defendants

NO. 69-2443 Section LLM (5) and Consolidated Cases

AGREED ENTRY ON MEDICAL CARE

This class action, brought on behalf of all present and future offenders of the Orleans Parish Prison, alleges that certain conditions and practices at the institution violate the United States Constitution. The defendants herein are Charles C. Forti, Jr., Criminal Sheriff of Orleans Parish, Louisiana; Sidney Barthelemy, Mayor of the City of New Orleans; Leonard Simmons, the Chief Administrative Officer for the City of New Orleans; Dorothy Mae Taylor, Joseph J. Giarrusso, Peggy Wilson, James Singleton, Jackie Clarkson, Lambert Boissiere, Jr., and Johnny Jackson, all members of the City Council of the City of New Orleans and Bruce Lynn, Secretary of the Louisiana Department of Public Safety and Corrections. Among the allegations is that the level of medical care at the prison falls below constitutional levels. This agreement resolves this aspect of the case. Although the defendants categorically deny the allegations, they believe it will be in the best interests of the residents of New Orleans and Louisiana—including members of the plaintiff class—for there to be an expeditious, orderly, and comprehensive settlement of this case without the necessity of a trial. The plaintiffs share this

belief. As a consequence, the parties now agree to forego a trial
on the merits of the medical issues and to bring this litigation to
a conclusion on the medical issue by submitting this Agreed Entry
on Medical Care to the Court for its review and ultimate approval.
It is expressly understood that the Sheriff of Orleans Parish
agrees to perform the terms of this agreement.
With the full and informed consent of the parties, in order to
resolve all claims asserted in this case, but without any
acknowledgement or finding of liability or other determination on
the merits, the parties and their successors agree to entry of the
following as an order of the court.
I. A "Medical Director" shall be designated and employed by
Sheriff Foti.
26 July 1991
A part-time interim Medical Director has been designated by Sheriff Foti.
When asked about recruitment of a full-time permanent Medical Director, Dr. Mary continued to be very vague saying they have looked over some c.v.'s. It is appropriate at this time that the Sheriff furnish the court evidence that an active search is taking place, i.e., public notice of the position via newspapers, journals, copies of letters sent to solicit applications, etc. (See Section III, A.I., for additional comments)
II. This "Medical Director" shall possess medical autonomy as
to medical, dental, mental health, and dietetic matters.
26 July 1991
There is no clear evidence that medical autonomy has been achieved. Repeated verbal assurance have been made that autonomy exits, however the problem with working out an agreement with the Office of Public Health (see Section III, A.2.) illustrates the lack of autonomy. Autonomy also implies that a separate budget will be established for the activity

and this Has not been done. The Sheriff should furnish the court with information concerning budget and expenditure information.
In reference to dental and mental health services, they remain < separated.
We are still awaiting an update of the organizational chart.
III. ORLEANS PARISH PRISON MEDICAL CARE
A. Organization of Health Services
1. The Medical Director shall be board certified, hold
an unrestricted license to practice medicine in Louisiana and shall
be experienced in administering institutional health care program.
The Medical Director shall be employed full time.
26 July 1991
1. Dr. Mary continues to function as a part-time interim Medical Director, even though full-time status is required. The current arrangement is no longer appropriate since it does not provide permanent continuing authority which is necessary if orderly program development is to be accomplished. No time limit for a full-time Medical Director was set in the consent decree however, under III A. 12/ it was mentioned that 3 months after consent decree a medical director would have certain items accomplished. Inherent in that statement is the assumption that the full-time Medical Director would be on board almost from the beginning.
Eight months post consent agreement it is reasonable to expect that a permanent full-time Medical Director would be on board. A full-time permanent Medical Director should be named in the very near future.
2. The new director's immediate tasks shall be to
establish the organization and chain of command for all health care
services and to establish liaison with all external (e.g. Charity
Hospital, Department of Health, DHH, etc.) and internal (dental,
mental health, pharmacy and dietary) medical care services. In
establishing the chain of command the Medical Director shall
3

designate someone on the staff as a director of nursing and someone
as a medical administrator.
2. Regarding agreements with external agencies and institutions, we were informed that no written agreements have been formalized with the exception of one with the office of Public Health. The Office of Public Health was contacted and it was discovered that the Office of Public Health would not sign the agreement that had been proposed because Sheriff Foti would not allow the coordinator that had been designated to work in the jail.
At the time of the site visit, Mr. Towe was still functioning as Acting Medical Administrator; however, he indicated, as he has done several times in the past, that he would "only be there 2 more weeks." Chief Geerken however indicated that Mr. Towe would remain until "adequate" replacement was obtained. Since the time of the site visit we have been informed that Dr. Dileo, Director of the Dental Program, has been appointed Medical Administrator. The Sheriff should confirm the appointment and provide an up-to-date c.v.
Mr. McGregor, the designated nursing executive, appears to be functioning under severe constraints. For example, Mr. McGregor is not even allowed to prepare nursing schedules; they are being prepared by an employee of Dr. Mary. The degree to which he is able to exercise independent decision making appropriate to his position is questionable.
3. The Medical Director shall establish a system for
supervision and clinical accountability, including review of
consultations, laboratory tests, special studies, emergency room
visits and hospitalizations. This review shall be noted in the
medical record. The Medical Director shall approve all health care
policies and procedures and review them annually.

2 6 .Tilly 1991
3. The quality assurance program developed by the nursing executive appears to be appropriate but no implementation has been instituted. Procedures have not been approved. The few medical records reviewed bear this out graphically.
4. The Medical Director shall establish monthly on-site
continuing medical education, to include initial orientation, for
all health care staff.
26 JulV 1991
4. Documentation of in-service sessions was available and appeared in order, but was not scrutinized in detail.
5. The Medical Director shall supervise the medical
services and maintenance of charting systems, statistics and
recordkeeping, ordering and maintaining equipment, budget
preparation and the personnel system.
26 JulV 1991
5. No documentation is available. We were told that a new filing system "is to be installed." With this new filing system expert consultation on charts and records is supposed to be provided as part of the equipment purchase agreement.
6. The Medical Director shall be responsible for
collecting, organizing and reporting statistical information on the
health care program monthly. Statistical information is to include
but not be limited to positive and negative tuberculin skin test,
cases of tuberculosis, number of inmates on tuberculosis
prophylaxis, positive syphilis serologies, number treated for
venereal diseases, emergency transports, routine transports, number
screened and seen at sick call, number of prescriptions filled,
number in infirmary care, number hospitalized and length of stay.
5

Copies of all of the above reports shall be furnished to designated representatives of all parties within 10 days of written request

therefore and to the court upon being rendered.

?fi .Tn1|Y 1 9 9 1
6. Monthly reports have not been prepared. The statistical information provided at the last court session June 7 contradicts itself in certain areas. Accurate reliable statistics are essential for program monitoring and evaluation.

7. The Medical Director shall review all monthly

reports and analyze all data and make changes in the program as

necessary to ensure quality and accessibility of services.

26 JulV 1991

7. No monthly reports or analyses have been compiled according to information provided by the interim Medical Director.

8. In addition to nursing in the infirmaries (see

section F) , on-site coverage by an R.N. or physician shall be

provided 24 hours per day, 7 days per week. A physician shall be

on call 24 hours per day. The necessity for a physician on site 24

hours per day will be reviewed and evaluated every 6 months by the

Medical Director.

26 July 1991

8. Site visitors were shown staffing to be appropriate; however due depth evaluation was not possible

>rns which appeared me constraints in

9. The Sheriff agrees to provide medical personnel

coverage in consultation with the Medical Director. All clinics

and sick call will be performed by a physician with assistance from

a LPN or RN.

26

1991

9. Sick call is being performed 7 days a week when you consider the entire prison complex as a whole; however, according to clinic outlines provided some areas have sick call as few as 2 times per week. While volume may be low the consent agreement calls for availability of sick-call 5 days per week. We were assured that in facilities where sick-call was not being conducted each day that inmates would be transported to the CCC "if needed." Further investigation will be necessary to confirm.

10. All corpsmen shall be appropriately trained and
supervised, to include state licensure as an Emergency Medical
Technician or other medical assistant.
26 July 1991
10. There are still corpsman who have not completed EMT training. We were informed that a new class is to begin in August for the remaining unlicensed corpsman.

11. Licenses of all medical personnel shall be up-to-
date and maintained in their files.
26 July 1991
11. We are assured that current licensure is documented in personnel files. This was not checked due to time constraints. License documentation of all medical personnel in summary form has been promised.

12. Within 3 months of c

consent decree, the

Medical Director shall establish a ..tern t

alarly review staff

responsibilities, documentation of care gA

and the quality of

care. Included in the medical staff's pe mel files shall be

current evaluations of their clinical work and performance.

26 July 1991

12. we were told this was being done but no documentation was provided.

B. Intake 15. All new arrestees shall receive medical screening,
at the time of booking. Those judged in need of medical care will not be accepted in the jail until clearance is provided by a physician.
2fi JulV 1991
15. The intake screening system is in place. A new form was provided and it appears to be functional. It should be noted that one medical record, examined in another part of the facility, indicated that information obtained at the time of the initial screening relative to medication the inmate was talcing prior to incarceration, was not investigated for a period of 4 months. 16. The initial screening shall be done by medical
personnel trained in the procedure and approved by the Medical Director. This initial screening shall be available 24 hours per day, 7 days per week and shall include observations and a directed history to determine acute problems, drug and alcohol use, chronic health problems, chronic mental health problems and suicide risk, medication, allergies and therapies. Vital signs (temperature, pulse rate, blood pressure, and respiratory rate) shall be taken and recorded. All initial screening and dispositions shall be reviewed by a physician within 24 hours. The physician on duty shall be notified of any urgent problems and direct the response.
26 July 1991 16. Due to time constraints we did not review the procedures, screening is being done by EMT's. Modification of the form has been made since our previous visit.
8

17. A complete history and physical examination to include assessment of vital signs, neurological system, heart, lungs, abdomen and recent trauma, shall be done on all new admissions with 14 days, tuberculin skin-testing (or chest x-ray if indicated), urine dipstick for protein, white cell, blood and glucose, a hematocrit, and serological testing for syphilis shall be included. Women will be offered Pap smears, breast examination and pregnancy testing. This assessment shall be done by the physician.
26 July 1991
17. The history and physicals in the charts reviewed were not dated. It is impossible to determine when they were done. In June we were assured that all inmates in the facility would have had a history and physical by August l. However, at the time of our visit we were informed that approximately 1,000 history and physicals still remain to be completed. The target date has now been moved to October 1.
18. Any inmate housed in the facility for more than one
year shall have his or her medical records reviewed by a physician
or physician designee and, upon recommendation, shall have a
physical examination and/or laboratory test as appropriate.
26 JulV 1991
18. This is not appropriate at this time. C. RecordKeepinqr
19. At admission, a medical record for each inmate shall
be created. This record shall include: a problem list, admission
history and physical examination, all laboratory and test results,
consultations, progress notes, all clinical encounters, a working
problem list, all mental health notes, all dental notes, and a
9

clear notation of allergies. Each progress note should be entered
in a standard format (e.g., subjective and objective analysis,
assessment and plan). Refusals of care shall be documented.
»fi .Tnly 1991
19. A medical record for each inmate, initiated on admission, was documented. Standard format for medical records was not available.
20. Medical records shall be stored in a locked area
that is not accessible to unauthorized personnel.
26 JUlV 1991
20. A locked storage area is available but the medical records were not in that specific area. We were told that filing equipment "was to be installed next week.11 An intensive consultation on medical record format and handling is to be provided by the company supplying the equipment.
21. Records shall be deactivated upon discharge or
transfer to another jurisdiction and maintained in a secure
location. Readmission of the same person will result in
reactivation of their record. Retention shall be according to
State Law.
26 JUlV 1991
21. No documentation regarding deactivation/reactivation can be determined from the minimal number of records reviewed.
No procedure for retention and/or destruction of records was noted. We informed the nursing executive that medical records in the jail environment in Louisiana must be maintained for a period of six years, with the exceptions as required for juvenile inmates, instead of the ten years as he assumed.
22. The Medical Director shall approve all forms and the
format of the medical record.
10

26 July 22. There is no medical record forms manual available. D. «^clc call
23. Sick call shall be made available to all inmates Monday through Friday by a physician. No request shall take more than 24 hours to triage. The triage of sick call requests shall be based on a clinical assessment by a physician, registered nurse or licensed practical nurse that includes a brief history and evaluation of vital signs and physical condition. All sick call dispositions will be signed by a physician within 24 hours weekends excepted. The triaging process shall be done in clinical areas only and at a minimum include complete vital signs.
26 July 1991 23. As previously noted in III. 9., sick-call is being
conducted somewhere in the complex 7 days a week. A schedule was provided showing sick-call times in each facility.
Requests for sick-call are still being collected by deputies and being held by watch commanders for periods as long as one week based on our observations and anecdotal information furnished by the staff. During chart review, time spans between complaint and physician evaluation were greater than one week in several instances. It should be noted that no triage system appears to exist therefore physicians see everyone entering a complaint whether it is athletes foot or a more significant medical problem. This results in excessive utilization of physician time and greatly inflates program cost since physician time is the most expensive personnel item.
11

24. Sick call requests and dispositions shall become part of the inmates medical record. If an inmate requests sick call, but then refuses to appear, a refusal form shall be completed and signed in the presence of medical personnel.
?* .Tulv 1991 24. The refusal form being used was presented at the time of
site-visit but no documentation of use was noted in the records review. There seems to be confusion regarding appropriate use of refusal forms in instances other than refusing to go to Charity Hospital. E. Follow-up 25. A follow-up system shall be organized for inmates with chronic problems (e.g. hypertension, diabetes, HIV disease), with abnormal laboratory results or with prolonged acute problems (e.g., recovery from surgery, healing for broken bones or muscle injuries). 26 JulV 1991 25. A list of specialty clinics was provided. No clinic protocols were available. 26. An inmate shall be permitted to refuse a follow-up visit only in the presence of medical staff. The inmate shall sign a refusal form which shall be placed in his or her medical record. Refusal to sign a refusal form shall be documented and witnessed. 26 JulV 1991 26. Refer to number 24.
12

27. If an inmate is unavailable for the follow-up visit, a chart entry shall be made and shall be noted and the appointment shall be rescheduled.
26 July 1991 27. Mo documentation was noted in the records reviewed. F. clinic and Infirmary
28. The examination areas of all clinics shall be physically arranged as determined by the Medical Director. Each clinic shall have adequate space for records, medication storage examination tables, ophthalmoscope and blood pressure cuffs. Privacy for confidential examination shall be assured.
26 July 1991 . 28. Male infirmary appears to be in reasonable shape. The
female infirmary is not completed. We were informed it will be completed September 15th. 29. Hot water shall be provided in all clinics. 26 July 1991 29. I was assured this is available in all clinics. 30. Infirmaries shall be established for male and female inmates. Admission will be by physician order only. the infirmaries shall have 24-hour nursing coverage. Daily beside visitation by a physician shall be available and progress notes made for all visits. The nurse shall have access to observe and monitor the infirmary inmates 24 hours per day. The inmates will have access to urinals and toilets 24 hours per day. For inmates not in direct view, a buzzer or alert system shall be installed and maintained.
13

26 July 1991 30. Time constraints prohibited documentation.

31. All inmates in the infirmaries shall have a bed,

mattress and appropriate clean bedding linens.

26 JulV 1991

31. confirmed.

32. The wheel chair bound patients should have infirmary

housing that is wheel chair compatible (i.e., ramps for bathroom,

toilets, shower, etc.)

26 JulV 1991

32. Confirmed.

32(a). The Medical Director shall establish

appropriate medical isolation areas for persons with airborne

infectious diseases.

26 July 1991

32(a). isolation areas are provided.

32 (b) . Physical therapy, as prescribed by a physician,

laboratory work, and x-ray services shall be available on a timely

basis.

26 JulV 1991

32(b).

We were informed that physical therapy is provided by nursing personnel as ordered by the physician.

33. A medical reference library shall be available to

include but not be limited to general medical and surgical texts,

Physician Desk Reference, emergency medical care reference works,

and obstetrical-gynecological texts.

14

2 6 July 1991 33. New medical reference books and video cassettes were
observed in the medical clinic area in the CCC. I was informed that the interim medical director had spent $7,000 on the materials and that he had gone to New York to search for and purchase these items. A complete list will be provided. Texts called for are available in bookstores in New Orleans.
34. Special diets shall be available for all inmates as medically needed and prescribed by the physician. All menus will be reviewed by a dietitian at least every six months.
26 JUlV 1991 34. A list of special diets was provided. Menus with
dietician signature and dates were observed but not reviewed extensively. No regular diet menu was noted. During the site visit large boxes containing sandwiches were noted mid-afternoon in various parts of the complex. Health Department checks for basic sanitation should be obtained, since the prison provides only one hot meal each day, compliance with special diets must be carefully scrutinized. 35. Portable emergency response bags containing blood pressure cuff, tourniquet, bandages and medication as determined by the Medical Director should accompany all medical responses for emergency care in housing areas. Also available in the institution shall be portable stretchers, neckbraces, portable oxygen, ambu-bag and IV fluids. 26 JUlV 1991 35. In place and documented.
15

G. Bmortyencv Staffing and Procedures 36. There shall be 24-hour on-site medical coverage
available to all inmates of the Orleans Parish Correctional system. 9fi .Tnly 1991 36. Staffing schedule for 24 hour physician coverage was available but not scrutinized. The sleep area designated for physician use was seen. 37. The policy manual shall contain a clearly written
emergency response plan, ambulance and hospital backup procedure and disaster response plan.
26 JulV 1991 37. A list of the 16 procedures available was provided.
These procedures were not reviewed because of time constraints, compliance by the program with this aspect of the consent decree is questionable at the present time. 38. Within 12 months of agreement or consent decree, all health care staff shall have current BLS certification with documentation kept on file. 26 JulV 1991 38. Not applicable at this time. 39. The following equipment shall be maintained in working order: defibrillator with monitor, one only, portable oxygen, EKG machine, emergency medicines, a portable emergency response bad, intubation equipment, central intravenous line equipment, intravenous catheters, intravenous solutions, hand-held peak-flow meter, ambu-bag, and tracheotomy equipment.
16

26 July 1991 39. Equipment is on-site but was locked up and therefore
inaccessible. It should be noted that at the time of the site visit the crash cart was locked in a room in the clinic area and the defibrillator was in another room several feet away. 40. Emergency supplies and equipment shall be monitored and documented at least monthly. The oxygen tanks shall be checked for proper functioning daily. 26 July 1991 40. Documentation of check lists was not done due to time constraints. 41. The Medical Director will develop policies regarding emergency runs to hospitals. 26 JulV 1991 41. Not provided. H. Consultations and Referrals 42. The Sheriff shall provide adequate correctional staff so that the inmates are transported as scheduled to consultation services. It is the City's position that the cost of such staff should not be deemed a medical expense for purposes of this litigation. The Sheriff's position is that the cost of such staff is a medical expense. This issue is not resolved by this agreement. 26 JulV 1991 42. On-site specialty clinics have been instituted decreasing the need for transport to Charity Hospital.
17

43. All consultations shall be returned with appropriate documentation of finds and recommendations if made. A physician shall review the consultations and initiate orders either noting, modifying or approving the consultant's recommendations.
2 6 July 1991 43. This will require additional investigation and
documentation. 44. Non-acute special studies and procedures shall be completed in a timely fashion. 26 July 1991 44. We were informed that problems with Charity Hospital are being investigated and methods to correct the difficulties are being sought. However, this is an area that apparently needs considerable attention.
I. Pharmacy 45. Pharmacy services shall be utilized daily to
dispense medicines. All administration of medication shall be done by medical staff, designated by the Medical Director, who have completed a training program.
26 July 1991 45. Pharmacy services continue to be supplied by Charity
Hospital. No pharmacy services are available on Saturday or Sunday necessitating supplying medications for the entire weekend on Friday. Some floor stock is available. However it appears that a significant gap in patient treatment theoretically exists. Distribution of medication and the procedures for patient compliance appear to need major overhaul especially in light of a recent newspaper article. (copy attached)
18

46. The medical record shall reflect allergies, medication usage, drug reaction and drug interaction.
2 6 July 1991
46. Random chock of records did not reveal drug allergies being prominently noted on front of the record. Some records were stamped with allergy stamp but no entry in blank was made regarding allergy or lack of same. 47. A formulary shall be maintained and a method
established for access to non-formulary items. 2 6 JU1V 1991 47. I was informed that they are currently using Charity Hospital formulary. 48. "Floor stock" shall be available 24 hours per day
for dispensing medications (i.e., insulin, hypertension medication, antibiotics) needed prior to the next routine filling of prescriptions.
26 JulV 1991 48. Floor stock is available.
49. Vaccines shall be made available on physician order. 26 July 1991 49. Tetanus Toxoid is the only vaccine available. Pneumovax
is not available. J. Women's Health Needs
50. All pregnant women shall receive prenatal care according to protocols developed and approved by an obstetrician. Physician care shall be provided at the prison.
19

26 July 1991 50. we were previously informed an OB clinic was functioning
at the prison. We are now being informed that all pregnant females are being sent at Charity Hospital OB Clinic. 51. All pregnancy inmates shall receive nutrition supplements and diet as prescribed by the treating physician. 3>s July 1991 51. High protein diet is noted on dietary form provided. 52. The Corrections administration shall provide pregnant inmates with housing assignments, appropriate exercise and reduced work schedules as recommended by the treating physician. Housing must provide 24-hour a day access to a toilet. Pregnant inmates shall not be assigned to an upper bunk or to a mattress on the floor. . 26 JulV 1991 52. Due to time constraints we did not visit any housing areas but were assured repeatedly that all pregnant females are on lower bunks. K. HIV Disease 53. Inmates who have been clinically diagnosed as being HIV positive shall be evaluated and followed according to the current evaluation and treatment guidelines in effect at Charity Hospital. 26 JulV 1991 53. According to Dr. Mary care of HIV inmates continues at Charity Hospital. 54. Upon physician recommendation an inmate shall be screened for HIV disease. Upon receiving the results of HIV tests,
20

inmates shall receive post-test counseling from health care professionals trained to provide this service. Medical files containing HIV positive diagnosis shall not be accessible to nonmedical personnel.
->« .Tiilv 1 9 9 1
54. We were informed that Or. Super is doing the HIV counseling. No documentation available. Dr. Super's c.v. should be submitted so that his qualifications can be examined. 55. Every inmate shall receive educational materials and
counseling on HlV disease and have access to an ongoing risk reduction program.
26 JulV 1991 55. Video cassettes have been purchased. Cable TV will be
prominently used for inmate education. Documentation is necessary. 56. During orientation there shall be educational sessions for the Sheriffs staff (i.e., the deputies) on HIV and other communicable diseases. 26 JulV 1991 56. Due to time constraints we were unable to document at this on-site visit. 57. If Aerosolized pentamidine is provided on physician's order, a room that is properly ventilated to the outside must be provided. 26 July 1991 57. Mot applicable at this time.
21

L. n-i aeiplinarv Segregation 58. Health care personnel shall visit and screen for
sick call in disciplinary areas daily and record the visits. »« .T,ny 1991 58. Due to time constraints we were unable to document at this on-site visit. M. Quality Assurance 59. Within 12 months of agreement or consent decree, the
Medical Director shall establish a program of objective evaluation and documented corrective action for the health services, including clinical medical records, mental health, pharmacy and therapeutics, morbidity and mortality and infection control.
26 July 1991 59. Observation at the time of the site visit indicate little
action toward implementation has been instituted as indicated by the gaps in continuity of care and/or follow through noted when reviewing a small number of medical records in CCC. 60. With 12 months of agreement or consent decree, a policy and procedure manual for the health services shall be developed and signed by the Medical Director. This manual shall be reviewed by the Director at least yearly. The policy and procedure manual shall include a specific written quality assurance plan, emergency response plan, sick call, and follow-up plan. An infirmary routine shall be included as well as protocols for commonly treated diseases (e.g., tuberculosis, hypertension, diabetes, seizure disorders, gonorrhea and syphilis). There shall
also be a policy and plan for obstetrical care.
22

2 6 .Tniy 1991 60. Minimal progress toward this objective has been realized, see III. 37.
p. Tmplementation, Compliance. Monitoring. and Other provisions 61. Implementation will be the function of the Medical
Director. Progress shall be reviewed at quarterly intervals (or more frequently if necessary) by a court appointed expert until such time as the program achieves accreditation from the National Commission on Correctional Health Care. All defendants agree to pay a one-third (1/3) portion of the court appointed expert fees at the direct request of the court. All parties will have the right to review and-make objections to the experts billing invoices prior to payment.
62. The Court shall retain active jurisdiction and supervision of this case for a period of at least two years from the time this agreement is entered as an order. At that time, the Court shall terminate supervision and transfer this case to its inactive docket unless the plaintiffs move for the continuation of the jurisdiction and active supervision due to an alleged failure by defendants to fully implement and comply with the terms of this agreement. In that event, there shall be a hearing to determine whether or not jurisdiction and supervision shall continue. If the Court determines not to close the case, it shall retain jurisdiction until this agreement is fully implemented and compliance has been demonstrated by the defendants in all substantive areas. At such time, the defendants may move the Court
23

to terminate its supervision and transfer this case to the inactive docket, subject to plaintiffs moving at a later time for reinstatement of this action based upon an alleged failure by defendants to maintain compliance with the terms of the decree and underlying agreement. However, prior to initiating any court action to revive the case, plaintiffs1 counsel shall bring any allegations of non-compliance to the attention of the defendants' counsel so that the parties can first attempt in good faith to resolve all such disputes between themselves.
63. All parties shall be notified in advance of any attempt to modify the court decree that implements this agreement. The parties shall then attempt to resolve all disputes concerning the proposed modification(s) before resort is made to the Court.
64. Beginning April 1, 1991, the Sheriff shall provide to the Court and all parties written progress reports detailing the steps taken to comply with the respective provisions of this Agreed Entry on Medical Care. The reports shall be made every four (4) months for the first year and every six (6) months thereafter until the Court's jurisdiction over this case ends.
65. The existing complaint in this action, which was drafted prior tot he completion of discovery, does not raise a number of issues that are addressed and resolved by this agreement. To avoid the necessity of again amending the complaint in order to reflect the full scope of this case, the complaint shall be deemed or treated as though it has been amended to cover all of the issues contained in the agreement.
24

66. The parties to this agreement shall promptly submit to the Court for its approval and entry a consent decree.
67. The parties, shall attempt to negotiate a settlement on attorneys' fees and costs. However, should the parties be unable to reach a settlement as to attorneys' fees and costs within 60 days of entry of the decree, the matter shall be submitted to the Court for its determination: provided, however, that this time period may be extended by stipulation of the parties if approved by the Court. All defendants deny any liability for any other parties attorney's fees or costs and reserve their rights to litigate these issues and the issue of "prevailing party." Bruce Lynn takes the position for the reasons stated in his 12(b) (6) motion that he is not liable for attorney's fees. All other parties disagree with this, position.
68. Implementation of this agreement will begin January 1, 1991. Full implementation of this agreement will be accomplished by June 1, 1991. The Medical Director shall be in place by March 1, 1991. The Medical Director shall be in place by April 1, 1991 detailing progress toward full implementation. The relief contained in the interim medical program set forth in the joint Motion for Continuance entered into in August, 1990, shall continue until January 1, 1991. The Sheriff shall employ a full time Medical Director on or before February 1, 1991. If the Sheriff is unable to obtain the service of a Medical Director by said date, he shall report this to all parties and seek an
extension from the Court. From January 1, 1991 to the date of
25

hiring the permanent Medical Director the Sheriff shall employ a full time interim Medical Director who may meet all or part of the qualifications set forth herein, and shall continue the screening program currently in effect.
69. Funding of this program by the City of New Orleans will commence on January 1, 1991 and funding of this program by the State of Louisiana will commence on January 1, 1991. Funding shall be as follows: CITY
The City of New Orleans will provide $1,000,000.00 operational funds and $200,000.00 capital funds for the calendar year 1991. The operational funds will be payable to ' the Sheriff in equal monthly installments starting January 1, 1991 and the capital funds will be payable to the Sheriff on February 1, 1991. STATE
The State recognizes that a portion of this plan will be funded by funds paid to the Criminal Sheriff for reimbursement of medical expenses paid in accordance, with LA-R.S. 15:824. Additionally, pursuant to LA-R.S. 15:824, the State will continue to reimburse the Criminal Sheriff of Orleans Parish for actual medical expenses incurred in treating those prisoners sentenced to the custody of. the Louisiana Department of Public Safety and Corrections who are in the physical custody of the Criminal Sheriff of Orleans Parish.
The State agrees that beginning January l, 1991 and for the balance of the fiscal year ending July 30, 1991, the reimbursement
26

to Sheriff Foti shall be $2.00 per day per state inmate housed by Sheriff Foti. Payments will be made monthly. The State and the Criminal Sheriff of Orleans Parish agree that credit will be given to the State for funds previously expended in FY 1990-1991 for medical care provided to state inmates. This credit will not decrease the $2.00 per inmate per day payment to be made from January 1, 1991 to June 30 , 1991.
For fiscal year 1991-92, the State of Louisiana through the Division of Administration will support and place in the Executive Budget for the fiscal year a recommendation that there be appropriate for payment of this reimbursement funds equal to $2.00 per day per state inmate housed in the OPPS during that fiscal year.
The Department of Public Safety and Corrections through Charity Hospital New Orleans (CHNO) will continue to provide medical services to those inmates in need of emergency care and hospitalization only.
However, the Department of Public Safety and Corrections through CHNO will not continue to provide laboratory work, x-ray services, physical therapy, pharmacy, or any other specialty services for inmates except in emergencies.
The Department of Public Safety and Corrections will continue to provide medical services for chronically ill state inmates until such time as they can be expeditiously transferred into the physical custody of the Department of Public Safety and Corrections.
27

The Department of Public Safety and Corrections through CHNO will continue to provide medical services at CHNO specialty clinics to those inmates in need of emergency medical treatment at those specialty clinics, but not for routine out-patient treatment.
Referrals to CHNO must abide by its medical staff and hospital protocol and policies.
All medical services provided prior to this agreement to inmates other than State inmates will not be affected by this agreement.
In the event Charity Hospital in New Orleans fails to provide the services outline above, the State shall, on a monthly basis, reimburse to the Sheriff the full costs of providing these services, supplies and medication in addition to the $2.00 per day per inmate payment set fourth hereinabove.
70. If the parties cannot reach an agreement as to funding after December 30, 1991 (City) and June 30, 1991 (State), hearings on these issues will be scheduled by the Court. These hearings will be completed sufficiently in advance of the cut-off dates of December 30, 1991 and June 30, 1991 so as to avoid any interruption of funding by the City or the State.
71. The Sheriff shall maintain records of financial expenditures for the program in such a manner as to allow a financial audit with respect thereto. The City and State shall have the right to audit these financial records.
28

72. Xhe plaintiffs herein do not, by signing this

judgment, endorse or approve the funding levels to be paid by the

City and State. The plaintiffs approve only the program and the

terms of this agreement even if the levels of funding provided for

herein prove to be inadequate or are not funded by the City and or

the State.

72. The Sheriff is aware of and in agreement with the

plan set forth in this document. He is also aware of the funding

provided for herein and believes, in good faith, that the funding

provided to him is sufficient to implement the program described

above.

Agreed to this

day of

1990.

29

. I

fPakntetseenonmntpodtCCuehrdhianrggssituuttyhhffcceweVndt?h??
overdose ofS

t0SS
and Novembl; to the pefic; y "i Jackson, La.

January nsic Facility

Tulane University Medical Center
Program in Community Medicine School of Medicine 1430 Tulane Avenue New Orleans, Louisiana 70112
(504) 588-5571
August 14, 1991
Ms. Alma L. Chasez, Magistrate U.S. District Court Eastern District of Louisiana 500 Camp Street New Orleans, Louisiana 70130
Dear Magistrate Chasez:
Attached you will find my comments as to the status of the medical program at the Orleans Parish Prison complex. These comments were formulated following my visit to the complex on July 26, 1991 and take into account the data and documentation we have been able to obtain from Dr. Mary and his staff. Based on my observations I regret to inform you that much of the information orally supplied by Dr. Mary to me on June 5, and to the court at the June 7 conference, cannot be verified.
It should be noted that a number of changes have been made since the first site-visit; unfortunately, many of the changes appear to be cosmetic in nature and have little impact on the provision of good medical care. Top of the line equipment has been acquired for the clinics but the basic delivery of health services, based a random examination of medical records, continues to be much less than optimal.
Monthly reports and statistical data as required by Section III, items 5, 6, and 7 of the "Agreed Entry on Medical Care" have not been provided.
In summary the basic problems are:
1) lack of a full-time permanent medical director; (required under Section III, A, 1)
2) lack of a full-time medical administrator; (required under Section III, A, 2)
3) apparent inability of the current nursing executive to function effectively under existing constraints; (required under Section III, A, 2)

Ms. Alma chasez August 14, 1991 page two
4) lack of medical autonomy, (required under Section II) 5) lack of substantial progress in the development and
institution of uniform policies and procedures covering the various areas of program operation, (required under Section III, items 37 and 60) The administrative structure specified in the "Agreed Entry on Medical Care" should be implemented without further delay, and the automony called for insured. I am attaching a copy of the "Agreed Entry on Medical Care" with my comments and observations inserted at each appropriate point. Sincerely,
J. T. Hamrick, M.D., M.P.H. JTH:elb Attachment

 
 Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 1 of 68
CLOSED,MASTER,REFER
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:69−cv−02443−JCZ−ALC

Hamilton, et al v. Schiro, et al Assigned to: Judge Jay C Zainey Referred to: Magistrate Judge Alma L. Chasez Demand: $0 Case in other court: USCA, 5th Circuit, 08−30766 Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 10/21/1969 Date Terminated: 03/05/2013 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Louis Hamilton

represented by Eric G. Balaban American Civil Liberties Union Foundation (Wash. − Prison) National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202−393−4930 Email: ebalaban@npp−aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth R. Alexander American Civil Liberties Union Foundation (Wash. − Prison) National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202−393−4930 Email: ealexander@lawofficesofelizabethalexander.com ATTORNEY TO BE NOTICED

Giovanna E. Shay American Civil Liberties Union Foundation (Wash. − Prison) National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202−393−4930 TERMINATED: 10/04/1999

Mohamedu F. Jones American Civil Liberties Union Foundation (Wash. − Prison) National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202−393−4930 TERMINATED: 03/15/2004

Richard B. Cook Richard Cook, Attorney at Law P. O. Box 411 Hunt Valley, MD 21030−0411 (410) 683−6469 TERMINATED: 03/22/2002

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 2 of 68

Robin Elise Schulberg Robin Elise Schulberg, Attorney at Law 18522 Louisiana Tung Rd. Covington, LA 70435 985−871−8213 Email: reschul@bellsouth.net TERMINATED: 12/28/2001

Tom−Tsvi M. Jawetz National Prison Project ACLU Foundation 915 15th St., NW Seventh Floor Washington, DC 20005 202−393−4930 Email: tjawetz@npp−aclu.org 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

Plaintiff Floyd Domino

represented by Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth R. Alexander (See above for address) ATTORNEY TO BE NOTICED

Mohamedu F. Jones (See above for address) TERMINATED: 03/15/2004

Robin Elise Schulberg (See above for address) TERMINATED: 12/28/2001

Tom−Tsvi M. Jawetz (See above for address) ATTORNEY TO BE NOTICED

William Patrick Quigley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Edwin Brown Individually &on behalf of all persons similarly situated

represented by Eric G. Balaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth R. Alexander (See above for address) ATTORNEY TO BE NOTICED

Mohamedu F. Jones (See above for address)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 3 of 68
TERMINATED: 03/15/2004
Robin Elise Schulberg (See above for address) TERMINATED: 12/28/2001
Tom−Tsvi M. Jawetz (See above for address) ATTORNEY TO BE NOTICED
William Patrick Quigley (See above for address) ATTORNEY TO BE NOTICED
V.
Defendant
Victor Schiro
Defendant
Henry B Curtis Individually, &in his capacity as councilman of District A of New Orleans
Defendant
Eddie Sapir Individually, and in his capacity as councilman of District B of New Orleans
Defendant
Clarence O Dupuy, Jr Individually, and in his capacity as Councilman of District C of New Orleans
Defendant
James A Moreau Individually and in his capacity as Counselman of District D of New Orleans
Defendant
Philip C Ciacco Individually, and in his capacity as Councilman of District E of New Orleans
Defendant
Clarence Giarusso Individually, and in his capacity as Superintendent of Plice of New Orleans
Defendant
Sidney Barthelemy Councilman−at−large

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 4 of 68

Defendant
James Singleton Councilman, District G

Defendant
James C Parsons N. O. Police Superintendent

Defendant
Ernest Morial Mayor City of N. O.

represented by Harry Rosenberg Phelps Dunbar, LLP (New Orleans) Canal Place 365 Canal St. Suite 2000 New Orleans, LA 70130−6534 (504) 566−1311 Email: harry.rosenberg@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Annabelle Hoppe Walker Annabelle H. Walker, Attorney at Law 218 Rhodes Ave. New Orleans, LA 70131 504−394−8104 Email: annabellewalker1@gmail.com ATTORNEY TO BE NOTICED

Charles L. Rice , Jr. Niles, Bourque &Fontana, LLC 909 Poydras St. 35th Floor New Orleans, LA 70112 504−310−8550 Email: crice@nileslawfirm.com TERMINATED: 05/18/2006

David S. Landry Slattery, Marino &Roberts Energy Center 1100 Poydras St. Suite 1800 New Orleans, LA 70163−1800 504−585−7800 Email: dlandry@schullyroberts.com ATTORNEY TO BE NOTICED

Eugene J. Radcliff Couhig Partners, LLC (Baton Rouge) 412 North 4th Street Suite 230 Baton Rouge, LA 70802 225−348−0085 Email: eradcliff@couhigpartners.com ATTORNEY TO BE NOTICED

Franz L. Zibilich Martiny &Associates 131 Airline Hwy. Suite 201 Metairie, LA 70001 504−834−7676 Email: fzibilich@bellsouth.net

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 5 of 68

ATTORNEY TO BE NOTICED

Roy J. Rodney , Jr. Rodney &Etter, LLC (New Orleans) 620 N. Carrollton Avenue New Orleans, LA 70119 504−483−3224 Email: RJR@rodneylaw.com TERMINATED: 03/26/2003

Tania Christina Tetlow U. S. Attorney's Office Hale Boggs Federal Bldg. 500 Poydras St. Room 210 New Orleans, LA 70130 504−680−3000 Email: usalae.ecfcr@usdoj.gov TERMINATED: 01/28/2000

William Phillips Dunn Frantz Ward LLP 55 Public Square Building 19th Floor Cleveland, OH 44113 216−515−1649 TERMINATED: 02/07/2003

Defendant
Reynard Rochon Chief Administrative Officer, City of N.O.

Defendant
Charles C Foti, Jr Orleans Parish Criminal Sheriff TERMINATED: 05/13/2004

represented by Thomas Allen Usry Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: ausry@uwmlaw.com TERMINATED: 05/13/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Weeks , II Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: jweeks@uwmlaw.com TERMINATED: 05/13/2004

Maureen Blackburn Jennings Phelps Dunbar, LLP (Houston) 700 Louisiana St. Suite 2600 Houston, TX 77002 713−877−5523 Email: maureen.jennings@phelps.com TERMINATED: 05/13/2004

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 6 of 68

Defendant
William C Hunter in his official capacity as Criminal Sheriff of Orleans Parish TERMINATED: 12/22/2004

represented by Thomas Allen Usry (See above for address) TERMINATED: 12/22/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Weeks , II (See above for address) TERMINATED: 12/22/2004

Defendant
Marlin N. Gusman in his official capacity as Criminal Sheriff of Orleans Parish

represented by Thomas Allen Usry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake J. Arcuri Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: barcuri@uwmlaw.com ATTORNEY TO BE NOTICED

Craig Edmond Frosch Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Fax: 504−592−4641 Email: cfrosch@uwmlaw.com ATTORNEY TO BE NOTICED

Freeman Rudolph Matthews Usry, Weeks &Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504−592−4600 Email: pmatthews@uwmlaw.com ATTORNEY TO BE NOTICED

John F. Weeks , II (See above for address) ATTORNEY TO BE NOTICED

Defendant Richard Stalder

Movant Wayne Greenleaf

represented by Wayne Greenleaf 8038 Bennett Drive Ventress, LA 70783 225−618−8447 PRO SE

Movant New Orleans City

represented by Harry Rosenberg (See above for address)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 7 of 68

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Penya M. Moses−Fields City Attorney's Office (New Orleans) 1300 Perdido Street 5th Floor New Orleans, LA 70112 504−658−9910 Email: pmfields@cityofno.com ATTORNEY TO BE NOTICED

Ralph Capitelli Capitelli &Wicker Energy Centre 1100 Poydras St. Suite 2950 New Orleans, LA 70163 (504) 582−2425 Email: rc@capitelliandwicker.com ATTORNEY TO BE NOTICED

Sharonda R. Williams City Attorney's Office (New Orleans) 1300 Perdido Street 5th Floor New Orleans, LA 70112 504−658−9920 Email: shrwilliams@nola.gov ATTORNEY TO BE NOTICED

Movant
Kathleen Babineaux Blanco Governor of the State of Louisiana TERMINATED: 07/21/2008

represented by Patricia Nalley Bowers Bowers &Bowers (New Orleans) 3615 Magazine Street (Lower) New Orleans, LA 70115 504−218−7066 Email: Tricia@Bowersfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emily Stickney Morrison Porteous, Hainkel &Johnson (Covington) 408 N. Columbia Street Covington, LA 70433 (985) 893−4790 Email: emorrison@phjlaw.com

Movant
Richard Stalder Secretary of Louisiana Department of Public Safety and Corrections TERMINATED: 07/21/2008

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emily Stickney Morrison (See above for address)

Movant
Fred Cerise Secretary of the Louisiana Department of Health and Hospitals TERMINATED: 07/21/2008

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 8 of 68

Emily Stickney Morrison (See above for address)

Movant
Bobby Jindal Governor of State of Louisiana (substituted in place of Kathleen Babineaux Blanco)

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Alan Levine Secretary of the Louisiana Department of Health and Hospitals (substituted in place of Fred Cerise)

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Jimmy LeBlanc Secretary of Louisiana Department of Public Safety and Corrections (substituted in place of Richard Stalder)

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. unknown George M Strickler, Jr
unknown Dr. J T Hamrick
unknown Dr. Howard J Osofsky
unknown William Reinbold Dr.
unknown Louisiana Department of Corrections

represented by George M Strickler, Jr Tulane University School of Law 6329 Freret St. New Orleans, LA 70118 504−865−5908 PRO SE
represented by J T Hamrick 5918 Coliseum St. New Orleans, LA 70115 504−988−5570 PRO SE
represented by Howard J Osofsky 719 Camp St. New Orleans, LA 70130 504−524−7110 PRO SE
represented by William Reinbold VA Outpatient Office 6901 Doss Drive Slidell, LA 70460 985−690−6908 PRO SE
represented by Louisiana Department of Corrections P. O. Box 94304 Capital Station Baton Rouge, LA 70804

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 9 of 68
PRO SE
Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/21/1969 11/22/1989 12/04/1996
12/09/1996
02/24/1997 03/10/1997
03/10/1997
03/17/1997 03/24/1997 04/11/1997 04/14/1997
04/24/1997
05/05/1997

# Docket Text

2040 MASTER PAPER DOCKET SHEET (Docs. 1−720) (Attachments: # 1 Master Paper Docket Sheet (Docs. 721−1199), # 2 Docket Sheet in ICMS, # 3 88−3736 Docket Sheet)(Reference: 69−2443)(gbw, ) (Entered: 06/18/2008)

Automatic Referral (Utility Event) to Magistrate Alma Chasez (js) (Entered: 09/06/1990)

1184 MOTION of plas to enforce psychiatric stip &to adopt &implement a comprehensive psychiatric plan referred to Magistrate Alma Chasez for hrg 3/26/97 at 11:00 a.m. Ref all cases (kh) Modified on 12/17/1997 (Entered: 03/24/1997)

1183 MINUTE ENTRY( 12/5/96):ORDER setting plas' motion to enforce psychiatric stip &to adopt &implement a comprehensive psychiatric plan [0−1] at 10:00 3/24/97 immediately prior to start of evidentiary hrg on med issues by Magistrate Alma Orig dktd 12/10/96 Ref all cases Chasez (kh) (Entered: 03/24/1997)

1195 MOTION by plaintiffs to continue trial set 11/24/97 at 10:00 a.m. until 7/21/97 referred to Magistrate Alma Chasez for hrg at 11:00 3/12/97 Ref all cases (kh) Modified on 12/17/1997 (Entered: 03/24/1997)

1191 MINUTE ENTRY( 1/29/97): Prelim conf held this date. Pre−Trial Conference set 10:00 7/14/97 ; Non−jury Trial set 10:00 7/21/97 on psychiatric issues by Magistrate Alma Chasez Orig dktd 3/10/97 Ref all cases (kh) Modified on 07/09/1997 (Entered: 03/24/1997)

1193 MINUTE ENTRY( 3/7/97): Prelim conf held this date; Final PTC (prelim conf) set 3:00 8/23/97 ; Non−Jury Trial (evidentiary hrg) set 10:00 9/8/97 as to medical issues by Magistrate Alma Chasez Orig dktd 3/10/97 Ref all cases (kh) (Entered: 03/24/1997)

1199 MINUTE ENTRY( 3/12/97): Hrg held this date as to mtn by dft George Linder to dismiss − ORDERED Dismissed as Moot (Rec. doc. 845) by Magistrate Alma Chasez Orig dktd 3/19/97 Ref all cases (kh) (Entered: 03/24/1997)

1200 Request by plaintiff Louis Hamilton for payment of attorneys' fees &expenses. (REF 69−2443) (dp) (Entered: 03/24/1997)

1201 MINUTE ENTRY (4/11/97): The Court awards attys' fees as stip; said amounts are due and payable to plas' counsel on or bfr 5/9/97 as stip by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 04/15/1997 (Entered: 04/15/1997)

1202

MINUTE ENTRY (4/9/97): Hrg held this date bfr Mag/Judge in re: rule to show cause to dfts, State of LA &Sheriff of Orleans Parish − The court received its monthly update on the individuals listed int he attached letters &reprots as stip by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 04/16/1997 (Entered: 04/16/1997)

Mail Returned [1201−1] Scheduling order The Court awards attys' fees as stip; said amounts are due and payable to plas' counsel on or bfr 5/9/97 as stip, [1201−2] minute entry addressed to pla, Kenneth Lynn. (REF 88−3736) (dp) (Entered: 04/25/1997)

Mail Returned [1201−1] Scheduling order The Court awards attys' fees as stip; said amounts are due and payable to plas' counsel on or bfr 5/9/97 as stip, [1201−2] minute entry to pla, Kenneth Linn. (dp) (Entered: 05/06/1997)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 10 of 68

05/09/1997 05/13/1997
05/14/1997 05/14/1997 05/15/1997 05/15/1997 06/06/1997 06/10/1997 06/11/1997
06/23/1997 07/03/1997 07/07/1997 07/07/1997 07/07/1997
07/08/1997 07/08/1997
07/10/1997

1203 MOTION by plaintiffs, Louis Hamilton, et al for attorney fees &expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 5/28/97. (REF 69−2443) (dp) Modified on 12/17/1997 (Entered: 05/09/1997)

1204 MINUTE ENTRY (5/13/97): ORDER that the motion by plas, Louis Hamilton, et al for attorney fees &expenses [1203−1] previously set for 5/28/97 will be heard by phone on 6/9/97 at 11:00 a.m. by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 05/14/1997 (Entered: 05/14/1997)

1206 Exhibit list by plaintiffs, Louis Hamilton. ( REF 69−2443) (dp) (Entered: 05/15/1997)

1207 Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 05/15/1997)

1205 Witness &exhibit list submitted by dfts, Mike Foster, Governor of the State of LA, Richard Stalder, Sec of LA Dept of Public Safety &Corrections, Bobby Jindal, Sec of LA Dept of Health &Hospitals. (REF 69−2443) (dp) (Entered: 05/15/1997)

1208 Motion by dfts, Anthony Varco, et al and ORDER for attorney, Donna H. Lee to appear pro hac vice for same is GRANTED by Magistrate Alma Chasez. Date Signed: 5/16/97 (REF 88−3736) (dp) (Entered: 05/30/1997)

Mail Returned by Kenneth H. Linn [1204−1] minute entry (gw) (Entered: 06/06/1997)

Mail Returned [1208−1] motion order for attorney, Donna H. Lee to appear pro hac vice, [1208−2] order to pla, Kenneth Linn. (dp) (Entered: 06/10/1997)

1209

MINUTE ENTRY( 6/9/97): status conf held this date in connection with pending motion for attorneys' fees; an evidentiary hearing on the issue of attorney fees &expenses [1203−1] is scheduled for 10:00 8/22/97; pla's witness list is due on 7/1/97; dft's witness list is due on 8/1/97; parties are directed to draft a pre−trial order &present same to the court by or bfr 8/12/97 by Magistrate Alma Chasez (tbl) (Entered: 06/12/1997)

Mail Returned addressed to pla, Kenneth Linn [1209−1] in re: minute entry of 6/9/97. (dp) (Entered: 06/23/1997)

1213 Motion of Foti and ORDER expediting hrg on mtn to cont ; hrg set 7/8/97 at 9:30 a.m. bfr Mag. Chasez by Magistrate Lance M. Africk for AC Date Signed: 7/8/97 Ref all cases (kh) (Entered: 07/09/1997)

1210 MINUTE ENTRY( 7/2/97): ORDER that the Rule to Show Cause in re: motion for attorney fees &expenses [1203−1] IS CONT to 11:00 7/16/97 by Magistrate Alma Chasez Ref all cases (kh) (Entered: 07/07/1997)

1211 Amd Witness list submitted by plaintiffs in 2:69−cv−02443 (kh) (Entered: 07/07/1997)

1212

MINUTE ENTRY( 7/1/97): status conf held this date; a tour of the prison was conducted this date by plaintiff's expert psychiatrist, Dr. Metzner; as the Court understands it, there are five areas of concern which are set out herein by Magistrate Lance M. Africk for Magistrate Judge Alma Chasez (tbl) (Entered: 07/08/1997)

1214 MOTION of Foti to continue trial referred to Magistrate Alma Chasez at 9:30 7/8/97 Ref all cases (kh) Modified on 12/17/1997 (Entered: 07/09/1997)

1215

MINUTE ENTRY( 7/8/97):Status conf held this date. ORDER granting Foti's motion to continue trial [1214−1]. Non−jury Trial on psychiatric issues is RESET 10:00 9/8/97. Trial in re: medical issues is RESET to 11/17/97 at 10:00 a.m. . Court also made clear that neither Dr. Osofsky or Dr. Greenleaf are to be called as a witness in this matter as stip by Magistrate Alma Chasez Ref all cases (kh) (Entered: 07/09/1997)

1216 Witness list submitted by plaintiffs, Louis Hamilton, et al (REF 69−2443) (dp) (Entered: 07/10/1997)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 11 of 68

07/14/1997 07/16/1997 07/17/1997 07/17/1997
07/17/1997 07/21/1997 07/21/1997 07/21/1997 07/22/1997 07/22/1997 07/24/1997 07/29/1997 07/30/1997 07/31/1997 07/31/1997 08/01/1997

1217 Supplemental Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 07/14/1997)
1218 Letter to Clerk of Court dated 7/14/97 from American Civil Liberties Union Foundation in re: plas' mental health expert report dated 7/10/97, along with a certificate of service upon opposing counsel. (REF 69−2443) (dp) Modified on 07/17/1997 (Entered: 07/17/1997)
Mail Returned [1215−1] addressed to pla, Kenneth H. Linn Scheduling order Non−jury Trial on psychiatric issues is RESET 10:00 9/8/97. Trial in re: medical issues is RESET to 11/17/97 at 10:00 a.m., [1215−2] minute entry. (dp) (Entered: 07/17/1997)
Mail Returned [1212−1] to pla, Kenneth H. Linn of Scheduling order status conf held this date; a tour of the prison was conducted this date by plaintiff's expert psychiatrist, Dr. Metzner; as the Court understands it, there are five areas of concern which are set out herein, [1212−2] minute entry (dp) (Entered: 07/17/1997)
1219 MINUTE ENTRY (7/16/97): Hrg on rule to show cause held this date bfr Mag/Judge − The court recieve it's monthly update on the individuals listed in the attached letters and accompanying reports from Clay Calhoun &Allen Usry by Magistrate Alma Chasez (REF 69−2443) (dp) (Entered: 07/17/1997)
Mail Returned addressed to pla, Kenneth H. Linn of the [1210−1] minute entry of 7/2/97. (dp) (Entered: 07/21/1997)
1220 Supplemental Witness list submitted by plaintiffs, Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 07/21/1997)
1221 MOTION by plaintiffs, Louis Hamilton, et al to clarify Court's minute entry of 7/8/97 referred to Magistrate Alma &ORDER is DENIED. Date signed: 12/16/97 (REF 69−2443) (dp) Modified on 12/17/1997 (Entered: 07/22/1997)
1222 MINUTE ENTRY (7/21/97): ORDERED that Sheriff's counsel is to respond to plas' mtn to clarify court's minute entry of 7/8/97 w/in 10 days of receipt of this minute entry by Magistrate Alma Chasez (dp) (Entered: 07/22/1997)
1223 MOTION by plaintiff Louis Hamilton for reconsideration of the Court's minute entry of 7/8/97 &7/9/97 referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 8/6/97 &ORDER is DENIED. Date signed: 12/16/97 (REF 69−2443) (dp) Modified on 12/17/1997 (Entered: 07/23/1997)
1224 MINUTE ENTRY( 7/23/97): ORDERED that Sheriff's counsel is to respond to pla's mtn for reconsideration within 10 days from the receipt of said mtn by Magistrate Alma Chasez (sek) (Entered: 07/28/1997)
1225 MINUTE ENTRY (7/24/97): Status Conf set 7/31/97 to discuss possible long range problems associated with the continued treatment of psychiatric inmates at OPP by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 07/29/1997)
1230 Letter to Clerk of Court from counsel for Russell Adams in re: removal of name from mailing list. (REF 90−4560) (dp) Modified on 08/04/1997 (Entered: 08/04/1997)
1226 MINUTE ENTRY (7/31/97): ORDERED that the mtn for exped hrg on plas' objections is DENIED as stip by Magistrate Alma Chasez (dp) (Entered: 08/01/1997)
1231 Motion by plaintiffs, Louis Hamilton, et al for exped hrg on same's mtn to reconsideration and ORDER is MOOT − mtn was not filed until after the conference was completed by Magistrate Alma Chasez Date Signed: 8/1/97 (dp) (Entered: 08/05/1997)
1228 Memo in opposition by dft, Charles C. Foti to motion for reconsideration of the Court's minute entry of 7/8/97 &7/9/97 [1223−1] filed by plaintiffs, Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 08/04/1997)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 12 of 68

08/01/1997 08/01/1997 08/01/1997 08/04/1997
08/11/1997 08/12/1997 08/18/1997
08/18/1997 08/20/1997 08/20/1997 08/22/1997 08/25/1997
09/10/1997 10/03/1997 10/08/1997 10/09/1997

1229 Memo in opposition by dft, Charels C. Foti, Jr. to motion to clarify Court's minute entry of 7/8/97 [1221−1] filed by plaintiff Louis Hamilton. (REF 69−2443) (dp) (Entered: 08/04/1997)

1232 MOTION by plaintiffs, Louis Hamilton, et al for reconsideration of the Court's minute entry of 7/29/97 referred to Magistrate Alma Chasez &ORDER is DENIED. (REF 69−2443) (dp) Modified on 12/17/1997 (Entered: 08/05/1997)

1233 Witness list submitted by dft, Charles C. Foti,Jr. (REF 69−2443) (dp) (Entered: 08/06/1997)

1227

MINUTE ENTRY (8/1/97): The court this date telephone counsel for pla in order to discuss what had transpired at the meeting with representatives of the State &the Sheriff on 7/31/97; present at that time were Elizabeth Alexander &Mohamedu Jones; counsel for pla advised the court that they did not wish to participate in such a conversation w/out defense counsel being also present; at some future time when all ptys are in telephonic or personal contact, the court will relay to plas' counsel the sum &substance of that meeting by Magistrate Alma Chasez. (dp) (Entered: 08/04/1997)

1234 Offer of a judgment by dft, Charles C. Foti,Jr., to allow a jdugment to be taken agst him for 420,00.00 in connection with plas' pending mtn for reasonable attys' fees &expenses filed on 5/7/97. (dp) (Entered: 08/12/1997)

1235 Motion by plaintiff Louis Hamilton in 2:69−cv−02443 and ORDER to extend time of filign of PTO until 8/18/97 is GRANTED by Magistrate Alma Chasez. Date Signed: 8/15/97 (REF 69−2443) (dp) (Entered: 08/18/1997)

1236 MOTION by plaintiffs, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 9/10/97 (REF 69−2443) (dp) Modified on 12/17/1997 (Entered: 08/19/1997)

1237 BRIEF by plaintiffs, Louis Hamilton, et al in support of plas' mtn for attys' fees &expenses. (REF 69−2443) (dp) (Entered: 08/19/1997)

1239 NOTICE by dft, Kenneth Linn of change of address. (REF 88−3736) (dp) (Entered: 08/25/1997)

1241 NOTICE of change of address by pla, Kenneth H. Linn. (REF 88−3736) (dp) (Entered: 08/26/1997)

1238 MINUTE ENTRY (8/19/97): Oral argument on motion by plas, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment [1236−1] at 11:00 a.m. on 9/10/97 bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/22/1997)

1240 MINUTE ENTRY (8/25/97): ORDERED that a Status Conf is set on the psychiatric issue on 10/17/97 at 2:30 p.m. bfr Mag/Judge; &a hrg is set for 9/23/97 at 10:00 a.m. bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/26/1997)

1242 MINUTE ENTRY (8/28/97): ORDER dismissing as MOOT the motion by plas, Louis Hamilton, et al to strike dft Charles C. Foti's offer of judgment [1236−1] by Magistrate Alma Chasez(dp) Modified on 09/11/1997 (Entered: 09/11/1997)

1246 Motion by plaintiffs, Louis Hamilton, et al to continue the evidentiary hrg on the medical phase set for 11/17/97 UNSIGNED ORDER. (REF 69−2443) (dp) (Entered: 10/23/1997)

1243 Memo in opposition by LA Dept Corrections, et al to mtn to continue 11/17/97 medical phase evidentiary hrg filed by plaintiff Louis Hamilton. (REF 69−2443) (dp) (Entered: 10/08/1997)

1244 MINUTE ENTRY (10/8/97): Hrg on rule to show cause to dfts, State of LA &Sheriff of Orleans Parish − Corut received its monthly update on the individuals listed in the attached letters and accompanying reports from Clay Calhoun &Allen Usry by Magistrate Alma Chasez. (dp) (Entered: 10/10/1997)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 13 of 68

10/21/1997 10/23/1997
10/27/1997
11/14/1997 12/23/1997 12/31/1997 01/16/1998 01/20/1998 01/20/1998 01/21/1998 01/26/1998 02/19/1998 03/09/1998 03/17/1998 04/03/1998

1245 MINUTE ENTRY (10/17/97): A Status Conf was held 10/17/97 bfr Mag/Judge; by Magistrate Alma Chasez (dp) (Entered: 10/22/1997)

1247

MINUTE ENTRY (10/21/97): Hrg on the medical phase is set for 5/18/98 &estimated to last 5 days; plas expert visit will take plac eon 3/25/98 thru 3/28/98; plas' expert reoport shall be furnished bfr 4/20/98; dfts elect to submit an expert's report, same shall be made available to plas by 4/4/98 by Magistrate Alma Chasez (dp) Modified on 11/05/1997 (Entered: 10/23/1997)

1248

MINUTE ENTRY (10/21/97): The court's minute entry of 10/21/97 outlining various dates for the exchanging of expert reports is AMENDED to reflect that dfts expert's report shall be due on or bfr 5/4/98 by Magistrate Lance M. Africk for Mag/Judge Chasez. (REF 69−2443) (dp) Modified on 11/17/1997 (Entered: 10/28/1997)

1249 MINUTE ENTRY (11/14/97): Plas' expert visit fo the Orleans Parish Prison will be conducted during the week commencing 3/23/97; counsel for the ptys have mutually agreed upon this date by Magistrate Alma Chasez (dp) (Entered: 11/17/1997)

1250 MINUTE ENTRY( 12/22/97): Status Conf set 4:00 1/16/98 by Magistrate Lance M. Africk for AC (kh) (Entered: 12/23/1997)

1251 Objections by plaintiff Louis Hamilton Mag Judge's order refusing to terminate ex parte contacts with dfts entered 12/17/97 [1232−1]. (Ref: 69−2443) (sek) Modified on 12/31/1997 (Entered: 12/31/1997)

1252 MINUTE ENTRY (1/14/98): A rule to show cause was held this date bfr Mag/Judge; The court received its monthly update on the individuals identified in the attached letter &accompanying report from Clay Calhoun by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 01/16/1998 (Entered: 01/16/1998)

1253 MINUTE ENTRY (1/16/98): Hrg held on rule to show cause to dfts the St of LA &the Sheriff of Orleans Parish − the court received its monthly update on the individuals identified in the attached ltr &accompanying report from T. Allen Usry, Esq by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/21/1998)

1254 Memorandum in opposition by Charles C Foti Jr to pla Louis Hamilton's objection [1251−1] to Mag Judge's order refusing to terminate ex parte contacts with dfts. (REF: all cases) (gw) (Entered: 01/21/1998)

1255 Opposition by dfts Mike Foster, Richard Stalder, Bobby Jindal to pla Louis Hamilton's objection [1251−1] to Mag Judge's order refusing to terminate ex parte comtacts with ddfts [1232−1] (REF: all cases) (gw) (Entered: 01/21/1998)

1256 MINUTE ENTRY (1/16/98): Status conf held by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/27/1998)

1257 MINUTE ENTRY (2/18/98): The court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from T.Allen Usry &Clay Calhoun by Magistrate Alma Chasez (dp) (Entered: 02/19/1998)

1258 MINUTE ENTRY (3/5/98): A status Conf is set for 2:30 p.m. via telephone on 3/30/98 bfr Mag/Judge; Mag/Judge's office will initiate the conf by Magistrate Alma Chasez (dp) (Entered: 03/10/1998)

1259 MINUTE ENTRY( 03/16/98): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from T. Allen Usry &Clay Calhoun, by Magistrate Lance M. Africk for Magistrate Chasez (Ref: 69−2443) (sek) Modified on 03/18/1998 (Entered: 03/18/1998)

1260

MINUTE ENTRY (3/30/98): A Status was held on this date bfr Mag/Judge; Plas' witness &exhibit lists are to be filed bfr 4/15/98; dfts' witness &exhibit lists shall be filed by 5/1/98; plas' expert shall be deposed telephonically; counsel shall agree upon the dates to accomplish this by 4/5/98; if a date cannot be agreed upon, the court shall be notified by Magistrate Alma Chasez. (REF 69−2443) (dp) (Entered: 04/06/1998)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 14 of 68

04/13/1998 04/13/1998 04/13/1998 04/16/1998 04/16/1998 04/22/1998 05/04/1998 05/04/1998 05/06/1998
05/06/1998
05/11/1998 06/01/1998 06/15/1998 07/01/1998
07/01/1998
07/01/1998

1261 MINUTE ENTRY( 04/09/98): The court is in receipt of its montly update on the individuals listed in the attached letters &accompanying reports from T. Allen Usry &Clay Calhoun, by Magistrate Alma Chasez (Ref: 69−2443) (sek) Modified on 04/13/1998 (Entered: 04/13/1998)

Mail Returned [1260−1], [1260−2] minute entry addressed to plaintiff Kenneth Randall. (Ref: all cases) (sek) (Entered: 04/13/1998)

1262 Memo in opposition by plaintiffs to State dfts' mtn to terminate active supervision of "Agreed entry on medical care" &"General Conditions consent decree" and limit active involvement in medical &general conditions portions of case in regard to certain dfts &their related entities. (Ref: all cases) (sek) (Entered: 04/13/1998)

1263 Witness list submitted by plaintiff Louis Hamiltonn (REF 69−2443) (dp) (Entered: 04/16/1998)

1264 Exhibit list by plaintiffs, Louis Hamilton. (REF 69−2443) (dp) (Entered: 04/16/1998)

1265 Evaluation of the Medical Care System at the Orleans Parish Prison submitted by Armond H. Start, MD, MPH. (REF: 69−2443) (gw) (Entered: 04/22/1998)

1266 Exhibit list by dft, Orleans Parish Criminal Sheriff, Charles C. Foti, Jr. (REF 69−2443) (dp) Modified on 05/04/1998 (Entered: 05/04/1998)

1267 Witness list submitted by dft, Orleans Parish Criminal Sheriff Charles C. Foti, Jr. (dp) (Entered: 05/04/1998)

1268

Motion by dft, Orleans Parish Criminal Sheriff Charles C. Foti,Jr. to dismiss his previously filed mtn to modify and terminate court's supervision of medical consent decree and ORDER − counsel has advised the court tha the Sheriff wishes to withdraw this mtn by Magistrate Alma Chasez Date Signed: 5/11/98 (dp) (Entered: 05/13/1998)

1270

Motion by plaintiff Louis Hamilton for exped hrg on same's mtn to compel compliance with orders of the court for the production of documents and ORDER − dismissed w/out prej in light of the course of action which was discussed with counsel on 5/11/98 which the court intends to impliment by Magistrate Alma Chasez Date Signed: 5/13/98 (REF 69−2443) (dp) (Entered: 05/15/1998)

1269 Motion by plaintiff Louis Hamilton and ORDER for attorney, Eric Balaban to appear pro hac vice for same is GRANTED by Magistrate Alma Chasez. (REF 69−2443) (dp) (Entered: 05/15/1998)

1271 MINUTE ENTRY (5/29/98): A Status Conf is set for 2:30 p.m. on 6/3/98 bfr Mag/Judge; Mag/Judge's office will initiate the conf; counsel for the ptys have been contacted telephonically regarding this conf by Magistrate Alma Chasez. (originally dktd 6/2/98) (dp) (Entered: 06/03/1998)

1272 MINUTE ENTRY( 6/11/98): Status Conf held 6/5/98; further Status Conf set 4:00 6/23/98 &is an in−person conf &discussion of the issues of which plas' counsel voices his concern by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 06/16/1998)

1273

MINUTE ENTRY (6/30/98): Evidentiary hearing set for 5/18/98 regarding medical consent decree is vacated; evaluation by Dr. J. T. Hamrick of the medical program at Orleans Parish Prison is ongoing; further conf with ptys will be set as needed. by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

1274

MINUTE ENTRY (6/30/98): A phone status conf was held 6/5/98 on the mtn of the State to become inactive as to monitoring; the courts finds it premature to sign the mtn while there is presently pending a mtn to amend/substitute the consent decree; the court will rule on the State's mtn when that issue has been resolved. by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

1275 MINUTE ENTRY (6/30/98): A Status conf was held 6/23/98; by 7/10/98 Mr. Allen Usry shall submit a proposal to the court &counsel concerning various areas

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 15 of 68

07/08/1998 07/13/1998 07/17/1998 07/21/1998 07/24/1998
07/31/1998 08/14/1998 08/18/1998 08/25/1998
08/25/1998
08/25/1998 09/16/1998 09/17/1998

discussed during the conf A further Status Conf to discuss these issues is set for 2:00 7/16/98; Pre−Trial Conference is set for 2:00 1/15/99 &Non−jury Trial is reset for 8:30 2/1/99 by Magistrate Alma Chasez (REF: All Cases) (originally dktd 7/2/98) (jd) (Entered: 07/06/1998)

1276 MINUTE ENTRY (7/7/98): Receipt of monthly update from T. Allen Usry &Clay Calhoun for April, May &June by Magistrate Alma Chasez. (ALL CASES) (dp) (Entered: 07/09/1998)

1277 MOTION by plaintiffs for written compliance report regarding evironmental conditions consent decree referred to Magistrate Alma Chasez to be heard before Mag Judge Chasez at 11:00 7/29/98. (Ref: all cases) (sek) (Entered: 07/14/1998)

1278 MINUTE ENTRY( 7/15/98): Rule to show cause held this date ; court received its monthly update; a conf will be held on 8/4/98 at 11:00 a.m. bfr Mag/Jduge in chambers by Magistrate Alma Chasez (dp) (Entered: 07/20/1998)

1279 MINUTE ENTRY( 7/20/98): At request of counsel for Sheriff Foti &with agreement of others concerned conf set for 7/16/98 is CANCELLED to be reset by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 07/22/1998 (Entered: 07/22/1998)

1280

MINUTE ENTRY (7/23/98): Status Conf previously set for 7/16/98 is RESCHEDULED to 2:00 on 8/13/98 bfr Mag/Judge; plas' mtn for written compliance report regarding environmental consent decree set for 7/29/98 will be discussed at this stat conf by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 08/19/1998 (Entered: 07/24/1998)

Mail Returned (doc no. 1280) addressed to Randy Lathan (Ref 88−3736) (ijg) (Entered: 07/31/1998)

1281 MINUTE ENTRY (8/4/98): Status Conf held 8/4/98; state to furnish court with a written plan for interim relief of psychiatric treatment on or bfr 2 weeks form 8/4/98 by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 08/17/1998 (Entered: 08/17/1998)

1282 MINUTE ENTRY (8/17/98): The court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun; these reports are for the month of 7/98 by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 08/19/1998)

1283

MOTION by plaintiffs Louis Hamilton et al for an order to dft Charles Foti detailing the information he is required to present to the Court &ptys at the 10/2/98, stat conf regarding the proposed psychiatric facility referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 9/16/98. (REF 69−2443) (dp) Modified on 04/28/1999 (Entered: 08/25/1998)

1284

MOTION by plaintiffs Louis Hamilton, et al for a hrg in the medical phase of this case to enable plas to offer proof of the deficiency in medical care caused by the lack of registered nurses in the medical care delivery system of Orleans Parish Prison referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 9/16/98. (REF 69−2443) (dp) Modified on 08/25/1998 (Entered: 08/25/1998)

1285 MOTION by plaintiffs Louis Hamilton, et al for relief and enforcement of environmental conditions consent decree referred to Magistrate Alma Chasez to be heard before Mag/Judge at 11:00 9/16/98. (REF 69−2443) (dp) Modified on 08/26/1998 (Entered: 08/25/1998)

1288 Motion by plaintiff Louis Hamilton and ORDER for attorney Giovanna E. Shay to appear pro hac vice for same by Magistrate Alma Chasez. Date Signed: 9/17/98 (REF 69−2443) (dp) Modified on 09/21/1998 (Entered: 09/21/1998)

1286 MINUTE ENTRY (9/14/98): Court is in receipt of its monthly update on the individuals listed in the attached ltrs accompanying reports from John F. Weeks &Clay Calhoun; These reports are for the month of August, 1998 by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 09/17/1998)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 16 of 68

09/18/1998 09/21/1998 09/21/1998 09/21/1998 09/25/1998 09/25/1998 09/25/1998 09/25/1998 09/25/1998 09/30/1998 10/02/1998
10/02/1998

1287 MINUTE ENTRY( 9/17/98): Status Conf set 2:30 10/16/98 to discuss the report submitted to the Court by Dr. Hamrick re compliance w/NCCHC accreditation ; counsel for pla may attend by phone, all other counsel to appear in person by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 09/18/1998)

1315 Motion by dft Charles C. Foti, Jr. and ORDER for expediting hrg on same's mtn to enforce order is GRANTED; mtn is set for hrg on 10/26/98 at 10:00 bfr Mag/Judge; by Magistrate Alma Chasez Date Signed: 10/26/98 (REF ALL CASES)(dp) Modified on 11/17/1998 (Entered: 11/17/1998)

1317

MOTION by dft Charles C. Foti, Jr. to enforce orders of the court requiring the Mayor of City of New Orleans, Marc H. Morial to comply to the funding of Orleans parish prison system referred to Magistrate Alma Chasez to be heard before Mag/Judge at 10:00 on 10/26/98. (REF ALL CASES) (dp) Modified on 02/03/1999 (Entered: 11/17/1998)

1322

Request by dft Charles C. Foti, Jr. for Oral Argument regarding motion by dft Charles C. Foti, Jr. to enforce orders of the court requiring the Mayor of City of New Orleans, Marc H. Morial to comply to the funding of Orleans parish prison system [1317−1] set for hrg on 10/26/98 at 10:00 bfr Mag/Judge Chasez. (REF ALL CASES) (dp) Modified on 11/18/1998 (Entered: 11/17/1998)

1289 MINUTE ENTRY (9/24/98): Conf set for 10/2/98 is RESCHEDULED to 10/16/98 at 2:30 p.m. by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 09/25/1998)

1316

Motion by defendant Ernest Morial, City of NO and ORDER for an Evidentiary hearing regarding the mtn to enforce orders filed by dft Charles C. Foti, Jr. is GRANTED &mtn is set for hrg on 10/26/98 at 10:00 bfr Mag/Judge; by Magistrate Alma Chasez. Date Signed: 10/26/98 (REF ALL CASES) (dp) Modified on 11/17/1998 (Entered: 11/17/1998)

1318

Motion by plaintiffs Louis Hamilton, et al and ORDER for expediting hrg on the mtn by dft Charles C. Foti, Jr. to enforce orders of court is GRANTED; mtn is set for hrg on 10/26/98 at 10:00 bfr Mag/Judge; by Magistrate Alma Chasez Date Signed: 10/26/98 (REF ALL CASES) (dp) Modified on 11/17/1998 (Entered: 11/17/1998)

1319

Motion by defendant Ernest Morial, City of New Orleans and ORDER for expediting hrg on same's mtn for the Court to abstain from ruling on mtn by dft Charles C. Foti, Jr. to enforce is GRANTED: mtn is set for hrg on 10/26/98 at 10:00 a.m. bfr Mag/Judge; by Magistrate Alma Chasez. Date Signed: 10/26/98 (REF ALL CASES) (dp) (Entered: 11/17/1998)

1323

Request for Oral Argument by defendant Ernest Morial, City of New Orleans regarding motion for the Court to abstain from proceeding on dft Charles C. Foti's mtn to enforce orders of the Court [1321−1] set for hrg on 10/26/98 at 10:00 a.m. bfr Mag/Judge Chasez. (REF ALL CASES) (dp) Modified on 11/18/1998 (Entered: 11/17/1998)

1291 Memo by dft Charles C. Foti, Jr. in opposition to mtn by City of New Orleans to abstain. (REF 69−2443) (dp) Modified on 10/07/1998 (Entered: 10/07/1998)

1290

MINUTE ENTRY (9/30/98): Hrg on mtn by dft Sheriff Foti for interim funding − matter was cont to 10/2/98 at 1:00; the City is ORDERED to bring someone with authority to discuss the matter on 10/2/98; the court will delay in taking of testimony until settlement can be meaninguflly discussed; Sheriff Foti is ORDERED to be in personal attendance at that time by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 10/07/1998 (Entered: 10/06/1998)

1292

MINUTE ENTRY( 9/30/98): A stat conf was held on 9/25/98 concerning mtn by dft Sheriff Charles C. Foti &the mtn to abstain &for a evidentiary hrg; the court will hear this matter on 9/30/98 at 1:00 as well as the mtn to abstain; an Evidentiary hearing is set for 10:00 on 10/26/98 ; ptys shall exchange lists &file all appropriate pleadings on 10/15/98 by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 10/07/1998 (Entered: 10/07/1998)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 17 of 68

10/05/1998 10/08/1998 10/09/1998 10/13/1998
10/13/1998 10/13/1998 10/15/1998 10/16/1998 10/19/1998
10/21/1998 10/21/1998
10/22/1998 10/22/1998 10/22/1998

1293 MOTION by plaintiffs, Louis Hamilton, et al for reasonable attorney's fees &expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 10/21/98. (REF 69−2443) (dp) (Entered: 10/07/1998)

1294 MINUTE ENTRY (10/8/98): A conf set for 10/9/98 at 2:00 in chambers bfr Mag/Judge by Magistrate Alma Chasez (REF ALL CASES) (dp) (Entered: 10/09/1998)

1295 ORDER &REASONS that the mtn by dft Dr. George T. Linder to dismiss is GRANTED by Judge Lansing L. Mitchell Date Signed: 10/8/98 (REF 88−3736) (dp) Modified on 10/14/1998 (Entered: 10/13/1998)

1296

MINUTE ENTRY (10/9/98): The Conf set for this date is CANCELLED; The City has tendered an agreed upon sum of money to Sheriff; The court notes that the City's agreement to initiate an ordinance bfr the Council in order to provide further funds to the Sheriff bfr the evidentiary hrg date scheduled for the end of the month by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 10/14/1998 (Entered: 10/14/1998)

1297 MOTION by plaintiffs Louis Hamilton, et al to compel discovery related to psychiatric care referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 on 10/28/98. (REF 69−2443) (dp) (Entered: 10/14/1998)

1300 ANSWER by dft Charles C. Foti to pla's cmp. (REF 98−2889) (dp) (Entered: 10/19/1998)

1298 Witness list submitted by dft Charles C. Foti., Jr. (REF 69−2443) (dp) (Entered: 10/16/1998)

1299 MINUTE ENTRY( 10/14/98): Rule to show cause to dfts, State of LA &Sheriff of Orleans Parish is set for 11/18/98 at 11:00 a.m. by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 10/19/1998 (Entered: 10/19/1998)

1301

MINUTE ENTRY (10/15/98): consolidating case 69−2443 with MINUTE ENTRY (10/15/98): consolidating case 69−2443 with member case 98−2889 ; case is referred to Mag/Judge Chasez member case 98−2889 ; case is referred to Mag/Judge Chasez by Judge Lansing L. Mitchell. (REF 69−2443 &98−2889) by Judge Lansing L. Mitchell. (REF 69−2443 &98−2889) (dp) Modified on 10/23/1998 (Entered: 10/19/1998)

1302 Witness list submitted by defendant City of New Orleans, Ernest Morial. (REF ALL CASES) (dp) (Entered: 10/22/1998)

1306

Motion by defendant Ernest Morial, City of New Orleans and ORDER for expediting hrg on same's mtn to compel dft Charles C. Foti to respond to discovery requests is GRANTED; said mtn is set for hrg on 10/21/98 at 3:00 by phone bfr Mag/Judge Chasez by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 10/27/1998)

1303 Notice of consolidation of 69−2443 &98−2889 "LLM" (5); clerk of court is to maintain master file &master docket sheet; all entries are to be made on master docket sheet except entries which terminate a pty or dispose of case by Clerk, LGW. (REF 69−2443 &98−2889) (dp) (Entered: 10/22/1998)

1304 Notice by plaintiffs, Louis Hamilton et al that same served &filed their memo in opp to mtn by dft Sheriff Foti to modify &terminate court's supervision of medical consent decree. (REF 69−2443) (dp) (Entered: 10/23/1998)

1305

MINUTE ENTRY (10/21/98): Hrg on Mtn by dft City of New Orleans to compel was held this date bfr Mag/Judge; the court enters responses in answer to the City's interrogs as set forth in this document; the court pretermits the necessity of the Sheriff's responding to the remainder of the City's discovery until after the court rules on the definition of the word "day" as set forth in this document; said discovery was not sought on an expedited basis &will not be due until after the hrg; counsel for Sheriff objected to the City presenting testimony at the evidentiary hrg since no witness list was filed; the court pretermits ruling on this until the morning of the hrg by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 10/23/1998 (Entered: 10/23/1998)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 18 of 68

10/26/1998 10/26/1998 10/26/1998
10/26/1998 10/30/1998 11/09/1998 11/09/1998 11/12/1998
11/17/1998 11/17/1998 11/17/1998 11/23/1998 11/23/1998 11/30/1998

1307 MOTION by defendant Ernest Morial, City of New Orleans to compel dft Charles Foti to respond to discovery referred to Magistrate Alma Chasez to be heard before Mag/Judge at 3:00 on 10/21/98 by phone. (REF ALL CASES) (dp) (Entered: 10/27/1998)

1308 Pre−Hrg Memorandum of law by dft Charles Foti. (REF 98−2889) (dp) (Entered: 10/27/1998)

1309

PROCEEDING: Evidentiary hrg held this date bfr Mag/Judge Chasez; Reported/Recorded by Vicky Hollard; dfts' witnesses sworn &testified ; motion by City of New Orleans to compel dft Charles Foti to respond to discovery [1307−1] is GRANTED; dft Charles Foti has filed a memo; dft City of New Orleans has until Wednesday noon to submit its memo; matter will be taken udner submission at this time; by Magistrate Alma Chasez (dp) (Entered: 10/28/1998)

1310 Notice for removal of all exhibits in case. (REF 69−2443) (dp) Modified on 10/29/1998 (Entered: 10/29/1998)

1311 Memo in opposition by dft Sheriff Charles C. Foti to motion for relief and enforcement of environmental conditions consent decree [1285−1] filed by plaintiffs, Louis Hamilton, et al. (REF ALL CASES) (dp) Modified on 11/04/1998 (Entered: 11/03/1998)

1312 Reply by plaintiffs Louis Hamilton et al to opp by dft Sheriff Charles Foti to same's motion for relief and enforcement of environmental conditions consent decree [1285−1] (REF 69−2443) (dp) Modified on 11/09/1998 (Entered: 11/09/1998)

1313 MOTION by plaintiffs Louis Hamilton, et al for an order protecting plas' counsel access to class members' medical records &for an expedited hrg referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 on 11/25/98 (REF 69−2443) (dp) Modified on 11/16/1998 (Entered: 11/13/1998)

1314

MINUTE ENTRY (11/10/98): Plas' mtn for an order protecting plas' counsel access to class members' medical records is set for an expedited basis on 11/25/98 at 11:00 bfr Mag/Judge; counsel may participate via phone; the court is in receipt of a letter dated 11/6/98 from Maureen Jennings in re: the scheduled atty's fees hrg on 3/4/99; the court will discuss this issue at the time of the mtn hrg on 11/25/98 by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 11/16/1998 (Entered: 11/13/1998)

1320 MINUTE ENTRY (11/16/98): The court is in receipt of its monthly update on individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun for the month of October, 1998; by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 11/17/1998)

1321 MOTION by defendant Ernest Morial, City of New Orleans for the Court to abstain from proceeding on dft Charles C. Foti's mtn to enforce orders of the Court referred to Magistrate Alma Chasez to be heard before Mag/Judge at 10:00 on 10/26/98. (REF ALL CASES) (dp) Modified on 02/03/1999 (Entered: 11/17/1998)

1324

Mag's Report and Recommendation by Magistrate Alma Chasez that there be judgment in favor of Sheriff C. Foi,Jr. &agst the City of New Orleans in the amount of $6,348,856.00, with interest from date of jgm &for all costs; Date Signed: 11/16/98. Date of Mailing: 11/18/98 (originally dktd 11/18/98) (REF ALL CASES) (dp) Modified on 11/19/1998 (Entered: 11/19/1998)

1325

MINUTE ENTRY( 11/18/98): Rule to show cause was held this date bfr Mag/Judge Chasez; the court has received its required update on the individuals listed in the attached letter and accompanying report from Clay Calhoun ; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 11/24/1998 (Entered: 11/24/1998)

1326 MOTION by City of New Orleans to the objectionsto Mag Judge's Report and Recommendation to be heard before Judge at 10:00 12/16/98 (REF: all cases) (gw) Modified on 02/03/1999 (Entered: 11/24/1998)

1327 ORDER that Charity Hospital &Medical Center of LA at NO (Charity Campus &University Campus) produce for inspection, on a continuing basis, the medical

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 19 of 68

12/01/1998
12/01/1998 12/04/1998 12/07/1998 12/07/1998 12/11/1998 12/11/1998 12/14/1998 12/14/1998 12/14/1998 12/16/1998 12/16/1998 12/21/1998

records of the class action plas, said records to be limited to inspection by plas' legal representatives &their medical experts by Magistrate Alma Chasez Date Signed: 11/25/98 (REF 69−2443) (dp) (Entered: 12/01/1998)

1328

MINUTE ENTRY (11/25/98): Hrg held this date bfr Mag/Judge on motion by plas, et al for an order protecting plas' counsel access to class members' medical records &for an expedited hrg [1313−1] − a jointly prepared order is to be submitted to the Court regarding the production &inspection of Charity Hospital medical records; the sheriff is to provide plas' counsel with the medical records of the approximately fifteen identified female inmates; by Magistrate Alma Chasez (REF ALL CASES) (dp) Modified on 12/02/1998 (Entered: 12/02/1998)

1329 MINUTE ENTRY (11/24/98): In re: objection to Mag Judge's Report and Recommendation by the City of New Orleans [1326−1] − matter will be taken under submission on the briefs; briefs by all ptys are due on 12/16/98; by Judge Lansing L. Mitchell. (REF 69−2443) (dp) (Entered: 12/03/1998)

1332 Memo in opp by defendant Ernest Morial, City of New Orleans to Rule for contempt [1324−1]. (REF ALL CASES) (dp) Modified on 12/08/1998 (Entered: 12/08/1998)

1330 ORDER &REASONS − judgment in favor of dft Sheriff Charles C. Foti &agst the City of New Orleans for $6,348,856.00 with interest from date of judgment &all costs; the sum is to be paid by 12/15/98; by Judge Lansing L. Mitchell. (REF ALL CASES) (dp) Modified on 12/08/1998 (Entered: 12/08/1998)

1331 JUDGMENT: in favor of dft Sheriff Charles C. Foti &agst the City of New Orleans for $6,348,856.00, with interest from date of jgm &all costs; this sum must be paid by 12/15/98; by Judge Lansing L. Mitchell. (REF ALL CASES) (dp) Modified on 12/08/1998 (Entered: 12/08/1998)

1333 MTN by plas Louis Hamilton, et al for emergency relief &enforcement of agreed entry on med care provisions governing women's ob/gyn &prenatal care &the environmental consent decree to be heard before Mag Judge Chasez at 11:00 1/6/99 (Ref 69−2443) (ijg) Modified on 02/03/1999 (Entered: 12/14/1998)

1334 MINUTE ENTRY (12/9/98): Attorney fee hrg previously set for 3/4/99 &3/5/99 is RESCHEDULED to 3/24/99 &3/25/99 bfr Mag/Judge at 10:00; by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 12/14/1998)

1335 MINUTE ENTRY (12/11/98): Phone conf set for 12/16/98 at 3:30 is CANCELLED; a scheduling order is submitted regarding the psychiatric phase trial; by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 12/15/1998)

1336

MINUTE ENTRY (12/11/98): Preliminary Conference held on 10/16/98 bfr Mag/Judge; amendments due 30 days from date of Preliminary Conf; final PTC set for 1/15/99 at 2:00 bfr Mag/Judge; non−jury trial set for 2/1/99 at 10:00 bfr Mag/Judge; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 12/16/1998 (Entered: 12/15/1998)

1337 MOTION by plaintiffs Louis Hamilton, et al for advance against their claim for attorney's fees referred to Magistrate Alma Chasez to be heard before Mag/Judge at 11:00 on 1/6/99. (REF ALL CASES) (dp) Modified on 12/15/1998 (Entered: 12/15/1998)

1338 MINUTE ENTRY (12/14/98): The court is in receipt of its monthly update on the individual listed in the attached ltrs &accompanying reports from John F Weeks &Clay Calhoun; These reports for the month of November 1998 by Magistrate Alma Chasez (REF: all cases) (gw) Modified on 12/17/1998 (Entered: 12/17/1998)

1339 MINUTE ENTRY (12/15/98): On or bfr the close of business on 12/18/98, the Sheriff, CAO Gusman &Mayor Morial are ORDERED to meet, face−to−face, to discuss the jgm entered herein on 12/8/98 (Rec. doc. 1331) by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 12/17/1998)

1340 Exhibit list by plaintiffs Louis Hamilton, et al. (REF ALL CASES) (dp) (Entered: 12/21/1998)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 20 of 68

12/21/1998 12/21/1998 12/21/1998 12/21/1998 12/22/1998 12/22/1998 01/14/1999 01/15/1999 01/19/1999 01/19/1999 01/19/1999 01/20/1999
01/21/1999 01/25/1999

1341 Witness list submitted by plaintiffs Louis Hamilton, et al. (REF ALL CASES) (dp) (Entered: 12/21/1998)

1342 MOTION by plas Louis Hamilton, et al for an order requiring dft Foti to generate a monthly list of pregnant women at Orleans Parish Prison to be heard before Mag Judge Chasez at 11:00 1/6/99 (Ref 69−2443) (ijg) (Entered: 12/22/1998)

1343 MINUTE ENTRY( 12/16/98): The 3rd paragraph of the Court's M.E. of 12/11/98 is AMENDED to state that all pretrial mtns shall be filed &served in sufficient time to permit hrg thereon no later than the date of the PTC by Mag Alma Chasez (Ref all cases) (ijg) (Entered: 12/22/1998)

1344 MINUTE ENTRY( 12/16/98): ORAL ARGUMENT on plas' motion for emergency relief &enforcement of agreed entry on med care provisions governing women's ob/gyn &prenatal care &the consent decree [1333−1] will be conducted at 3:30 1/8/99 by Mag Alma Chasez (Ref all cases) (ijg) (Entered: 12/22/1998)

1345 MOTION by plas Louis Hamilton, et al in limine to exclude dft Charles Foti from introducing evidence contesting the constitutional inadequacy of mental health care at Orleans Parish Prison to be heard before Mag Judge Chasez; no hrg date set (Ref all cases) (ijg) (Entered: 12/22/1998)

1346

MINUTE ENTRY (12/22/98): motion by plas Louis Hamilton, et al for an order requiring dft Charles Foti to generate a monthly list of pregnant women at Orleans Parish Prison [1342−1] is set for 3:30 on 1/8/99 bfr Mag/Judge w/oral argument; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 12/28/1998 (Entered: 12/23/1998)

1347

MINUTE ENTRY (1/13/99): Rule to show cause to dfts, State of LA &the Sheriff of Orleans Parish held this date bfr Mag/Judge Chasez; the court received its periodic update on the individuals identified in the attached letter &accompanying report from John Weeks; the state's report is still outstanding; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 01/14/1999 (Entered: 01/14/1999)

1348 Notice by plaintiffs Louis Hamilton, et al to notify the court that pla's mtn for relief &enforcement of environmental consent decreee regarding the use of elctronic security belts is ripe for decision as set out in this document. (REF ALL CASES) (dp) (Entered: 01/19/1999)

1349 MINUTE ENTRY (1/15/99): The Court has now received its periodic update on the individuals identified in the attached letter &accompanying report from Clay Calhoun, counsel for the State; by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 01/20/1999)

1350 MOTION by dft Sheriff Charles C. Foti, Jr. to make judgment executory entered on 7/18/90 referred to Magistrate Alma Chasez to be heard before Mag/Judge at 11:00 on 2/3/99. (REF ALL CASES) (dp) (Entered: 01/20/1999)

1351 MOTION by plaintiffs Louis Hamilton, et al for protective order regarding women's OB/Gyn and Prenatal Care referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 on 2/3/99. (REF 69−2443) (dp) Modified on 01/21/1999 (Entered: 01/20/1999)

1352

MINUTE ENTRY (1/15/99): Court converted the Pre−Trial Conference scheduled this date pertaining to psychiatric services at the jail to a status conf; Non−jury Trial set 10:00 4/14/99 ; Final Pre−Trial Conference set 2:00 3/31/99 bfr Mag ; Plas shall furnish an expert report to dfts by 2/15/99 &dfts shall furnish an expert report to plas by 3/15/99; Witness list due 3/15/99 &all depos shall be conducted by 3/25/99 by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/22/1999)

1353 MINUTE ENTRY (1/20/99): Pla's motion for emergency relief &enforcement of agreed entry on med care provisions governing women's ob/gyn &prenatal care &the environmental consent decree [1333−1] will be conducted on 3/5/99 at 11:30 am by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 01/22/1999)

1354 MINUTE ENTRY( 1/21/99): setting pla's motion for protective order regarding Women's OB/Gyn and Prenatal Care [1351−1] at 11:00 2/3/99 w/oral argument by

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 21 of 68

01/25/1999 01/25/1999 01/27/1999 02/01/1999
02/01/1999 02/02/1999 02/04/1999 02/04/1999
02/12/1999 02/18/1999 02/23/1999
02/23/1999

Magistrate Alma Chasez (REF ALL CASES) (eal) Modified on 01/26/1999 (Entered: 01/25/1999)

1355 MINUTE ENTRY( 1/21/99): setting an evidentiary hearing on Sheriff Foti's motion to make judgment executory entered on 7/18/90 [1350−1] at 11:00 2/1/99 by Magistrate Alma Chasez (REF ALL CASES) (eal) (Entered: 01/25/1999)

1356 Memo in opposition by Charles C. Foti Jr to motion for protective order regarding women's OB/Gyn and Prenatal Care [1351−1] filed by plaintiff Louis Hamilton (REF: all cases) (gw) (Entered: 01/26/1999)

1358 MOTION by defendant Ernest Morial &City of New Orleans to continue the evidentiary hrg set for 2/1/99 referred to Magistrate Alma Chasez; no hrg date set. (REF 69−2443) (dp) Modified on 02/02/1999 (Entered: 02/02/1999)

1357

PROCEEDING: Evidentiary Hrg. Reported/Recorded by Karen Anderson. Ntc of removal of exhibits to all counsel. Case Called. Amt due as of Oct 1998 &Jan. 1999, $5,340,416.31. Exhibits offered &admitted. Stip by Atty for City of NO entered. City of N O still owes Sheriff Foti $4,348,856.07. Sheriff Foti has received payment from City in January 1999. Court to receive notification as to action taken by City by 2/3/99. Court will rule on "contempt issue". Court adjourned by Magistrate Alma Chasez (kh) (Entered: 02/01/1999)

1359 MINUTE ENTRY (1/28/99): ORDER denying motion by dfts Ernest Morial &the City of New Orleans to continue the evidentiary hrg set for 2/1/99 [1358−1] by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 02/02/1999 (Entered: 02/02/1999)

1360 MOTION by plaintiffs Louis Hamilton, e tal to compel discovery related to OB/GYN &Prenatal care &for expenses and sanctions referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 on 2/24/99. (REF 69−2443) (dp) Modified on 02/03/1999 (Entered: 02/03/1999)

1361

Mag/Judge's Report and Recommendation by Magistrate Alma Chasez that there be judgment in favor of dft Sheriff Charles C. Foti, Jr. &agst the City of New Orleans for $5,340,416.31 together with legal interest from date of jgm; Date Signed: 2/2/99 Date of Mailing: 2/5/99 (REF ALL CASES) (dp) Modified on 02/05/1999 (Entered: 02/05/1999)

1362

MINUTE ENTRY (2/1/99): An evidentiary hrg was held on this date bfr Mag/Judge Chasez; City of New Orleans is given until 2/3/99 at 5:00 p.m. to advise the court in writing as to its plans to liquidate the amount due on the jgm entered by the court on 12/8/98 &why same has not been paid to date mtn for contempt will be ruled upon the receipt of this information &the information from Sheriff Foti as to the payment status of the jgm; dft Sheriff Foti is to provide the Court, in affidavit format, with a payment history by the City as to the medical per diem from 7/1/98 to date; this shall be accomplished by on or bfr 2/5/99; by by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 02/08/1999 (Entered: 02/05/1999)

1365 Exparte Mtn by dft Charles C. Foti, Jr. &ORDER that Marina Kahn,in her representative capacity as Director of Finance for the City of New Orleans to appear on 2/23/99 at 11:00 bfr Mag/Judge Chasez to be examined as j/d; by Magistrate Alma Chasez. (REF 69−2443 &98−2889) (dp) (Entered: 02/24/1999)

1363 Affidavit of Michael Geerken re: Housing Payments. (REF: all cases) (gw) (Entered: 02/19/1999)

1364

MINUTE ENTRY( 2/18/99): Oral argument on motion by plas to compel discovery related to OB/GYN &Prenatal care &for expenses and sanctions [1360−1] is set for 11:00 on 2/24/99 bfr Mag/Judge Chasez; counsel wishing to participate via phone may do so provided that they provide advance ntc to the Court; by Magistrate Alma Chasez (REF ALL CASES) (dp) Modified on 02/24/1999 (Entered: 02/24/1999)

1366 MINUTE ENTRY( 2/22/99): At the request of counsel for the Sheriff, the j/d exam set for 2/23/99 is CANCELLED; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 02/24/1999 (Entered: 02/24/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 22 of 68

02/25/1999 03/03/1999 03/03/1999 03/04/1999
03/04/1999 03/05/1999
03/11/1999 03/11/1999
03/12/1999 03/15/1999 03/15/1999 03/15/1999 03/18/1999 03/19/1999

1367 MINUTE ENTRY (2/22/99): Hrg on mtn dismissing as MOOT the motion by plas, et al to compel discovery related to OB/GYN &Prenatal care &for expenses and sanctions [1360−1] by Magistrate Alma Chasez. (REF 69−2443) (dp) Modified on 02/26/1999 (Entered: 02/26/1999)

1368 ORDER that there be judgment in favor of Sheriff Charles C. Foti, Jr. &agst the City of New Orleans for $5,340,416.31 together with legal interest from date of judgment; by Judge Lansing L. Mitchell. Date Signed: 3/2/99 (REF ALL CASES)(dp) Modified on 03/03/1999 (Entered: 03/03/1999)

1369 JUDGMENT: in favor of Sheriff Charles C. Foti, Jr. &agst the City of New Orleans for $5,340,416.31 together with legal interest from date of judgment; by Judge Lansing L. Mitchell; Date signed: 3/2/99 (REF ALL CASES) (dp) Modified on 03/03/1999 (Entered: 03/03/1999)

1370

Ntc of recent decision on 2/5/99 by the Federal District Court for the Central District of California in Hawkins v Compartet−Cassani, DC CCalif, No. CV 98−5605 DDP (Cwx), 1/25/99), Fn 1, at 6, in issuing a preliminary injunction agst the use of "stun belts" in courtrooms defined "use" of the device to mean placement on prisoners as well as activation; &memorandum in support [1277−1] of same's motion for written compliance report regarding evironmental conditions consent decree. (REF ALL CASES) (dp) Modified on 03/05/1999 (Entered: 03/04/1999)

1371 Ntc by plaintiffs, Louis Hamilton, et al to supplement page fourteen of same's [1285−1] motion for relief and enforcement of environmental conditions consent decree. (REF 69−2443) (dp) Modified on 03/05/1999 (Entered: 03/05/1999)

1372

PROCEEDING: Hrg held on 3/5/99 bfr Mag/Judge Chasez; Reported/Recorded by Victor DiGiorgio; motion by plas, Louis Hamilton, et al for written compliance report regarding evironmental conditions consent decree [1277−1] is taken under SUBMISSION; parties state arguments re: high security devices placed on HIV positive inmates; stip that some HIV positive prisoners in the maximum security area of Orleans Parish Prision may not be maximum security prisoners; (REF 69−2443) (dp) Modified on 04/21/1999 (Entered: 03/08/1999)

1373 MINUTE ENTRY (3/10/99): Status Conf via telephone is scheduled for 11:30 3/25/99 to select a hrg date for the OB/GYN issue by Magistrate Lance M. Africk for Mag Judge Alma L. Chasez (gw) Modified on 03/11/1999 (Entered: 03/11/1999)

1374

MINUTE ENTRY (3/10/99): Pla's motion for advance against their claim for attorney's fees [1337−1] is granted; The court awards pla an interim amount of $17,345.70 which is due &payable immediately to be divided equally among the 3 dfts &applied agst any fees or costs ultimately awarded by Magistrate Lance M. Africk for Mag Judge Alma L. Chasez (gw) (Entered: 03/11/1999)

1378 MOTION by defendant City of NO to continue hrg on plas' mtn to enforce psychiatric stipulation to be heard before Mag Judge Chasez at 11:00 3/31/99 (Ref all cases) (ijg) (Entered: 03/16/1999)

1375 Supplement by plas Louis Hamilton, et al [1293−1] to their motion for reasonable attorney's fees &expenses (Ref all cases) (ijg) (Entered: 03/16/1999)

1376 Suppl witness &exhibit list submitted by plas Louis Hamilton, et al (Ref all cases) (ijg) (Entered: 03/16/1999)

1377 MOTION by plas Louis Hamilton, et al for leave to call Dr. Howard Osofsky as witness at evidentiary hrg scheduled for 4/14,15,16, 1999 to be heard before Mag Judge Chasez at 11:00 3/31/99 (Ref all cases) (ijg) (Entered: 03/16/1999)

1379 MINUTE ENTRY (3/15/99): The court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks &Clay Calhoun; these reports are for the month of February, 1999; by Magistrate Alma Chasez. (REF ALL CASES) (dp) (Entered: 03/19/1999)

1393 MOTION by plaintiffs Louis Hamilton, et al to enforce stipulation regarding Phase IV complaint regarding sexual misconduct, to reopen phase IV discovery, for an evidentiary hrg and for an order regarding sexual misconduct policies for Orleans

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 23 of 68

03/24/1999 03/26/1999 03/29/1999 03/30/1999 03/30/1999 04/05/1999
04/08/1999
04/15/1999 04/16/1999 04/16/1999 04/19/1999

Parish Prison referred to Magistrate Alma Chasez; Hrg set for 4/7/99 at 11:00. (REF ALL CASES) (dp) Modified on 04/27/1999 (Entered: 04/23/1999)

1380 Response by plaintiffs Louis Hamilton, et al to dft Charles Foti's mtn for stay of the proceeding related to motion for reasonable attorney's fees &expenses [1293−1] filed by plaintiffs Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 03/24/1999)

1381 Memo in response by dft Sheriff Foti to motion by plas, Louis Hamilton, et al for leave to call Dr. Howard Osofsky as witness at evidentiary hrg scheduled for 4/14,15,16, 1999 [1377−1] (REF ALL CASES) (dp) Modified on 03/29/1999 (Entered: 03/29/1999)

1384

MINUTE ENTRY (3/24/99): The dft Sheriff Charles C. Foti's motion to stay of proceedings related to pla's mtn for reasonable attys' fees &expenses is being treated as a mtn to continue and is GRANTED; [1383−1]; the motion by plas for reasonable attorney's fees &expenses [1293−1] is RESCHEDULED for 10:00 on 7/26/99 by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 04/05/1999 (Entered: 04/01/1999)

1382 Motion by dft Charles C. Foti, Jr. and ORDER for expediting hrg on same's mtn to stay and for reasonable atty's fees &expenses is GRANTED ; mtn is set for hrg on 3/24/99 at 10:00; by Magistrate Alma Chasez. Date Signed: 3/29/99 (REF 69−2443) (dp) (Entered: 04/01/1999)

1383 MOTION by dft Charles C. Foti, Jr. to stay of proceedings related to pla's mtn for reasonable attys' fees &expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 10:00 on 3/24/99. (REF 69−2443) (dp) (Entered: 04/01/1999)

1385

MINUTE ENTRY( 4/5/99): The following will constitute the cut−off dates in connection with the hrg on the OB/GYN issue: witness lists shall be filed by 4/15/99 &exhibit lists by 5/1/99; fact disc cut off on 5/24/99; pla's expert reports due 6/6/99 &dft's expert reports on 7/1/99; PTC on 7/6/99, evidentiary hrg on 7/13/99; pla's motion for leave to call Dr. Howard Osofsky as witness at evidentiary hrg [1377−1] is DENIED; pla has filed a mtn to enforce stip re Phase 4 cmp re sexual misconduct to reopen Phase 4 disc &for evidentiary hrg; dft shall have until 4/21/99 to file an opp to this mtn &pla may have until 5/1/99 to file a reply memo by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 04/06/1999)

1386

MINUTE ENTRY( 4/7/99): A stat conf was held on this date bfr Mag/Judge Chasez; the court vacates the trial date on the psychiatric issue set for 4/14/99 because a settlement has been reached; plas are satisfied with the architectural plans of L. Dow Oliver, dated 3/15/99, for the construction of a new psychiatric facility at the jail which the Sheriff has tendered; the proposed time schedule in connection with the project which the court understands the Sheriff intends to make a good faith effort to comply with as set out in this document; a stat conf is set for 4/27/99 at 10:30 to assess the movement of the project; when bid documents are made public, a copy shall be furnished to plas' counsel; by Magistrate Alma Chasez. (REF ALL CASES) (dp) Modified on 04/12/1999 (Entered: 04/09/1999)

1388 MOTION by plaintiffs Louis Hamilton, et al to compel discovery related to OB/GYN and prenatal care, expenses and sanctions referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 10:00 on 5/5/99. (REF 69−2443) (dp) Modified on 04/21/1999 (Entered: 04/20/1999)

1387 Witness list submitted by dft Sheriff Charles C. Foti for medical hrg. (REF ALL CASES) (dp) Modified on 04/20/1999 (Entered: 04/20/1999)

1394

Memo in opposition by dft Sheriff Charles C. Foti, Jr to motion to enforce stipulation regarding Phase IV complaint regarding sexual misconduct, to reopen phase IV discovery, for an evidentiary hrg and for an order regarding sexual misconduct policies for Orleans Parish Prison [1393−1] filed by plaintiffs Louis Hamilton et al. (REF ALL CASES) (dp) (Entered: 04/23/1999)

1389 Witness list submitted by plaintiffs Louis Hamilton, et al. (REF 69−2443) (dp) Modified on 04/20/1999 (Entered: 04/20/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 24 of 68

04/19/1999 04/21/1999 04/22/1999 04/23/1999 04/28/1999 04/30/1999 05/03/1999
05/04/1999 05/05/1999 05/05/1999
05/10/1999 05/12/1999 05/17/1999 05/17/1999

1392 MOTION by plaintiffs Louis Hamilton, et al for discovery &for an evidentiary hrg regarding a recent death at Orleans Parish Prison referred to Magistrate Alma Chasez and to be heard bfr Mag/Judge Chasez at 11:00 on 5/5/99. (REF 69−2443) (dp) Modified on 04/22/1999 (Entered: 04/22/1999)

1391 MINUTE ENTRY (4/16/99): Rule to Show Cause to dfts, the State of Louisiana &the Sheriff of Orleans Parish set this date. The court is in receipt of the periodic updated reports from John Weeks &Clay Calhoun; by Magistrate Alma Chasez (REF: ALL CASES) (rg) (Entered: 04/22/1999)

1390 MINUTE ENTRY (4/15/99): Oral argument will be held on plas' motion to compel discovery related to OB/GYN and prenatal care, expenses and sanctions [1388−1] at 11:00 5/5/99; by Magistrate Alma Chasez (REF: ALL CASES) (rg) (Entered: 04/22/1999)

1395 MINUTE ENTRY (4/22/99): Oral argument will be held on plas Louis Hamilton's, et al, motion for discovery &for an evidentiary hrg regarding a recent death at Orleans Parish Prison [1392−1] at 11:00 5/5/99; by Magistrate Alma Chasez (rg) (Entered: 04/23/1999)

1413 MOTION by dft Charles C Foti Jr to continue evidentiary hrg to be heard before Mag Judge Chasez &unsigned order (Ref all cases) (ijg) (Entered: 06/18/1999)

1396 Exhibit list for hrg related to Ob/Gyn &Prenatal Care by plaintiffs Louis Hamilton, et al. (REF 69−2443) (dp) (Entered: 04/30/1999)

1397

Reply by plaintiffs Louis Hamilton, et al to opp by dft Sheriff Charles Foti to same's motion to enforce stipulation regarding Phase IV complaint regarding sexual misconduct, to reopen phase IV discovery, for an evidentiary hrg and for an order regarding sexual misconduct policies for Orleans Parish Prison [1393−1]. (REF 69−2443) (dp) (Entered: 05/04/1999)

1398 Exhibit list by dft Sheriff Charles C. foti for medical hrg. (REF ALL CASES) (dp) (Entered: 05/05/1999)

1399 MINUTE ENTRY (5/5/99): Pla Louis Hamilton et al's motion to compel discovery related to OB/GYN and prenatal care, expenses and sanctions [1388−1] is cont to 5/12/99 at 11:00 am by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 05/06/1999)

1400

MINUTE ENTRY (5/4/99): Status conf held on the mtn to cont the evidentiary hrg requested by pla which had been scheduled for 5/5/99 [1392−1] − granted; Court advised counsel that it wished to obtain a report from Dr. J.T. Hamrick prior to any evidentiary hrg on the relevant issues; By 6/15/99, Dr J.T. Hamrick shall do a review of the med records of all individuals who have either passed away in the jail or in a hospital facility w/in 48 hrs of leaving the jail for the year 5/1/98 to 5/1/99; Upon receipt of Dr. Hamrick's report, the court will ntc a status conf herein; If an evidentiary hrg is still needed at that point, one will be scheduled by Magistrate Alma Chasez. (REF: all cases) (gw) (Entered: 05/06/1999)

1401 Errata by plas to plas' mtn to compel disc re to OB/GYN &prenatal care &for expenses &sanctions (Ref 69−2443) (ijg) (Entered: 05/10/1999)

1402 MINUTE ENTRY( 5/10/99): continuing plaintiffs' motion to compel discovery related to OB/GYN and prenatal care, expenses and sanctions [1388−1] to 11:00 5/26/99 before the undersigned. by Magistrate Alma Chasez (REF: ALL CASES) (tbl) (Entered: 05/13/1999)

1403 MINUTE ENTRY( 5/13/99): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F Weeks &Clay Calhoun. These reports are for the month of April 1999 by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 05/17/1999)

1404 Notice of dft Foti's failure to respond to plas' request for admissions related to OB/GYN &prenatal care by plas Louis Hamilton, et al (Ref 69−2443) (ijg) (Entered: 05/18/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 25 of 68

05/20/1999 05/26/1999 05/27/1999 06/01/1999
06/04/1999 06/08/1999 06/10/1999 06/10/1999 06/22/1999 06/25/1999 06/25/1999
07/02/1999 07/06/1999 07/06/1999 07/09/1999 07/09/1999

1405 MOTION by plas Louis Hamilton, et al to compel prod of the Orleans Parish Prison Pregnancy Protocol to be heard bfr Mag Judge Chasez at 11:00 6/9/99 (Ref 69−2443) (ijg) (Entered: 05/20/1999)

1406 MINUTE ENTRY( 5/24/99): Plas' motion to compel discovery related to OB/GYN and prenatal care, expenses and sanctions [1388−1] is DISMISSED w/o prej at movants' request by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 05/26/1999)

1407 MINUTE ENTRY( 5/21/99): ORAL ARGUMENT on plas' mtn to compel prod of the Orleans parish Prison Pregnancy Protocol will be conducted on 6/9/99 at 11:00 a.m. by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 05/27/1999)

1408

Motion by Charles C Foti Jr to examine jgm debtor &ORDER GRANTING SAME; FURTHER ORDERED that Marlin Gusman appear in open court on 6/30/99 at 11:00 a.m. to be subject of jgm debtor examination as set out in doc by Mag Louis Moore Jr. Date Signed: 6/2/99 (Ref 98−2889) (ijg) (Entered: 06/02/1999)

1409 Motion by plas &ORDER granting leave to supplement the memo in support of their mtn to compel production of the Orleans Parish Prison Pregnancy Protocol by Magistrate Alma Chasez (Ref 69−2443) (ijg) (Entered: 06/07/1999)

1410 Memo in opposition by dft Charles C Foti Jr to motion to compel prod of the Orleans Parish Prison Pregnancy Protocol [1405−1] filed by plas (Ref all cases) (ijg) (Entered: 06/08/1999)

1411 MINUTE ENTRY (6/9/99): The jgm debtor exam of the City which is scheduled for 6/30/99 at 11:00 a.m. is RESCHEDULED for 6/23/99 at 11:00 a.m. by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 06/10/1999)

1412 MINUTE ENTRY( 6/9/99): Plas' motion to compel prod of the Orleans Parish Prison Pregnancy Protocol [1405−1] is DISMISSED as moot by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 06/10/1999)

1414 Suppl witness list submitted by plas Louis Hamilton, et al (Ref all cases) (ijg) (Entered: 06/22/1999)

1415 MINUTE ENTRY( 6/22/99): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F Weeks &Clay Calhoun; these reports are for the month of May 1999 by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 06/25/1999)

1416

MINUTE ENTRY( 6/23/99): Order to show cause held 11:00 6/23/99 ; on or bfr 7/7/99 the Sheriff is to notify the Court if the parties were able to come to an agreement as to the amounts due under the jgm in question; if the parties are unable to come to an agreement, both parties shall file the appropriate pleadings on or bfr 7/14/99; thereafter the matter will be taken under advisement w/the Court scheduling an evidentiary hrg if necessary by Mag Alma Chasez (Ref all cases) (ijg) (Entered: 06/25/1999)

1423 Petn for a writ of h/c ad test &req for leave to file petn under seal by plas Louis Hamilton, et al &Order that petn is denied as the hrg is cont to 7/14/99, &the req for leave to file under seal is MOOT by Mag Alma Chasez Date Signed 7/14/99 (Ref 69−2443) (ijg) (Entered: 07/15/1999)

1417 Suppl Exhibit list by plas for hrg re ob/gyn &prenatal care (Ref 69−2443) (ijg) (Entered: 07/07/1999)

1418 Supplement to memo in support of plas' mtn for emergency relief &enforcement of agreed entry provisions governing women's ob/gyn &prenatal care &the environmental consent decree (Ref 69−2443) (ijg) (Entered: 07/07/1999)

1419 2nd suppl exhibit list for hrg re ob/gyn &prenatal care by plas (Ref 69−2443) (ijg) (Entered: 07/09/1999)

1420 MOTION by plas to compel disc re ob/gyn &prenatal care &for expenses &sanctions to be heard before Mag Judge Chasez at 11:00 7/28/99 (Ref 69−2443) (ijg) (Entered: 07/09/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 26 of 68

07/09/1999
07/13/1999 07/14/1999
07/16/1999 07/26/1999 07/27/1999 07/30/1999 08/16/1999 08/19/1999 08/23/1999 08/27/1999 09/03/1999 09/09/1999

1448

Plas' renewed req for discovery &hrg re sexual misconduct &for an order re sexual misconduct policies for Orleans Parish Prison − Court declines to establish hrg date based upon isolated instances of misconduct. Ptys have submitted suggested policies re sexual misconduct which the Court intends to review &order the institution of a policy based upon the suggestions of the ptys. by Magistrate Alma Chasez Date Signed: 11/1/99 (REF 69−2443) (dno) (Entered: 11/02/1999)

1421 MINUTE ENTRY (7/9/99): ORAL ARGUMENT on plas' mtn to compel disc re OB/GYN and prenatal care &for expenses &sanctions will be conducted on 7/28/99 at 11:00 a.m. by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 07/13/1999)

1422

MINUTE ENTRY (7/8/99): A status conf was held this date to discuss the issue of the OB/GYN program at the Orleans Parish Prison; there will be a further conf on 7/28/99 at 3:30 p.m.; the Court CONTINUES the hrg on the OB/GYN issue currently sched for 7/13/99 [1420−1]; if a resolution of the issues cannot be reached at the next status conf, a new trial date will be set; plas' motion for reasonable atty's fees &expenses [1293−1] currently sched for 7/26/99 is CONTINUED to 9/22/99 at 1:30 p.m by Mag Alma Chasez (Ref all cases) (ijg) (Entered: 07/14/1999)

1424 MINUTE ENTRY( 7/14/99): The Court received its periodic update on the individuals identified in the attached letters &accompanying reports from John Weeks, Esq. &Clay Calhoun, Esq. by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 07/19/1999)

1425 Memo in opposition by defendant Charles C Foti Jr to plas' motion to compel disc re ob/gyn &prenatal care &for expenses &sanctions [1420−1] (Ref all cases) (ijg) (Entered: 07/26/1999)

1426 MINUTE ENTRY( 7/26/99): Plas' motion to compel disc re ob/gyn &prenatal care &for expenses &sanctions [1420−1], sched for hrg on 7/28/99 at 11:00 is cont to 3:30 7/28/99 by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 07/27/1999)

1427 MINUTE ENTRY( 7/28/99): ORDERED that plas' motion to compel disc re ob/gyn &prenatal care &for expenses &sanctions [1420−1] is DISMISSED AS MOOT by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 07/30/1999)

1428 MINUTE ENTRY( 8/13/99): Status Conf set 11:00 8/17/99 by phone to discuss the issue of attys' fees; the Mag Judge's office will initiate the conf by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 08/16/1999)

1429 MINUTE ENTRY( 8/17/99): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F Weeks &Clay Calhoun; these reports are for the month of July 1999 by Magistrate Alma Chasez (Ref all cases) (ijg) (Entered: 08/19/1999)

1430 Motion by Charles C Foti Jr to examine jgm debtor &ORDER that Marlin Gusman &Marina Kahn appear in court on 9/8/99 at 11:00 a.m. as set out in doc by Mag Alma Chasez Date Signed: 8/20/99 (Ref 69−2443, 98−2889) (ijg) (Entered: 08/23/1999)

1431

Mtn by Orleans Parish Criminal Sheriff Charles C. Foti, Jr. and ORDER that a Status Conf is fixed for 11:00 9/13/99 at which time the Court may also fix a date for the requested evidentiary hrg &enter such discovery orders &cutoff dates as are appropriate in the premises. by Magistrate Alma Chasez Date Signed: 8/27/99 (REF ALL CASES) (dno) (Entered: 09/03/1999)

1432 MINUTE ENTRY( 8/30/99): A Status Conf is SCHEDULED for 9/13/99 at 11:00am bfr Mag. Conf is to discuss the mtn to modify agreed entry on medical care filed by dft Sheriff Charles C. Foti, Jr. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/03/1999)

1433 MINUTE ENTRY( 9/8/99): ORDERED that Sheriff Foti's mtn to examine jgm debtor set for this date is CONT to 11:00 9/13/99 bfr Mag. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/10/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 27 of 68

09/13/1999 09/15/1999 09/17/1999 09/17/1999 09/21/1999
09/22/1999 09/27/1999
09/28/1999
09/30/1999 10/04/1999

1434 Supplement by plas Louis Hamilton, et al to their mtn for reasonable attorney's fees &expenses [1293−1]. (REF ALL CASES) (dno) Modified on 09/13/1999 (Entered: 09/13/1999)

1435 Memo in opposition by the City of NO to application for reasonable atty's fees &expenses [1293−1] filed by plas Louis Hamilton, et al. (REF ALL CASES) (dno) (Entered: 09/16/1999)

1436

MINUTE ENTRY( 9/13/99): A Status Conf was conducted this date. The Pre−Trial Conf is set for 10:00 2/10/00 &jury trial will go forward at 10:00 2/17/00. Discovery cut−off is established as 1/21/00. Perpetuation depos may be completed bfr 1/28/00. Witness &exhibit lists shall be filed by 12/1/99. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/17/1999)

1437

MINUTE ENTRY( 9/15/99): Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. These reports are for the month of 8/99. by Magistrate Alma Chasez (REF BOTH CASES) (dno) Modified on 09/30/1999 (Entered: 09/17/1999)

1438

MINUTE ENTRY( 9/17/99): A status conf was conducted this date. Ptys sought clarification of court's order requiring reporting relative to OB/GYN issue. Referencing the report generated by the State, that same doc shall be generated as to all individuals who had OB/GYN appointments at Charity Hospital of NO from October to December 1999 w/exception that the booking date of the individual shall be added w/statement of whether the problem voiced was pregnancy related or not. The Sheriff is ORDERED to collaborate on the report to the extent necessary. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/21/1999)

1442

PROCEEDING: Reported by Vic DiGiorgio. Evidentiary hrg held on 9/22/99 bfr Mag Chasez on reasonable atty's fees &expenses [1293−1]. Witnesses sworn. Exhibits admitted &several ORDERED SEALED. All dfts shall file simultaneous memoranda by 11/22/99. Plas shall respond by 12/3/99 at which time matter will be TAKEN UNDER SUBMISSION. Court adjourned. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 10/05/1999)

1439

MINUTE ENTRY( 9/24/99): In light of the resolution of the psychiatric issue herein, the Court dismisses as MOOT the following mtns: Plas' mtn for an order to dft Charles Foti detailing the information he is required present to the Court &ptys at the 10/2/98 stat conf regarding the proposed psychiatric facility [1283−1]; plas' mtn to compel discovery related to psychiatric care [1297−1] &plas' mtn in limine to exclude dft Charles Foti from introducing evidence contesting the constitutional inadequacy of mental health care at Orleans Parish Prison [1345−1]. An evidentiary hrg was conducted on 9/22/99 regarding the atty fee issue. [1293−1] Memos are due by 12/99. by Magistrate Alma Chasez (REF ALL CASES) (dno) Modified on 10/08/1999 (Entered: 09/28/1999)

1440

MINUTE ENTRY( 9/27/99): A telephone conf was conducted this date w/plas' counsel regarding status of plas' mtns for a hrg in the medical phase of this case to enable plas to offer proof of the deficiency in medical care caused by the lack of registered nurses in the medical care delivery system of Orleans Parish Prison [1284−1]; for an order requiring dft Foti to generate a monthly list of pregnant women at Orleans Parish Prison [1342−1] &for protective order regarding women's OB/Gyn and Prenatal Care [1351−1] − mtns are MOOT. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/28/1999)

1441 MINUTE ENTRY( 9/30/99): Plas Louis Hamilton, et al's mtn for relief and enforcement of environmental conditions consent decree [1285−1] is DENIED. Written reasons will follow. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 10/01/1999)

1443 Plas' Reply to dft Sheriff Foti's memo in opp to plas' renewed request for discovery &an hrg regarding sexual misconduct [1393−1] and ORDER granting plas' leave to file said reply. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 10/05/1999)

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10/04/1999 10/13/1999 10/14/1999 10/15/1999
11/02/1999 11/04/1999 11/22/1999 11/22/1999 12/02/1999
12/02/1999 12/07/1999
12/13/1999
12/13/1999 12/13/1999

1446 Mtn by pla Louis Hamilton and ORDER withdrawing atty Giovanna E. Shay as counsel for same. by Judge Lansing L. Mitchell Date Signed: 10/12/99 (REF ALL CASES) (dno) (Entered: 10/15/1999)

1445 MTN by dft Charles Foti for extension of time w/in which to submit Sheriff's med expert report referred to Magistrate Alma Chasez − hrg set for 11:00 11/3/99 (REF ALL CASES) (dno) (Entered: 10/14/1999)

1444 MINUTE ENTRY( 10/13/99): Rule to show cause to dfts, State of LA &the Sheriff of Orleans Parish held this date. Court received an update on the individuals listed in the attached letter &accompanying report from Mr. Calhoun. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 10/14/1999)

1447

MINUTE ENTRY( 10/15/99): Oral argument on defendant Orleans Parish Criminal Sheriff Charles C. Foti, Jr.'s motion for extension of time w/in which to submit Sheriff's med expert report [1445−1] will be conducted before the undersigned at 11:00 11/3/99. by Magistrate Alma Chasez (REF: ALL CASES) (tbl) (Entered: 10/19/1999)

1450 Transcript of the Evidentiary Hrg held on 9/22/99 bfr Mag Chasez. (REF 69−2443) (dno) (Entered: 11/08/1999)

1449 MINUTE ENTRY( 11/2/99): Hrg on mtn. ORDER granting Foti's motion for extension of time w/in which to submit Sheriff's med expert report [1445−1]. City is given a commensurate ext of 26 days for submission of its expert report(s) by Magistrate Alma Chasez Ref 69−2443 (kh) (Entered: 11/04/1999)

1451 NOTICE of change of address by atty Maureen Blackburn Jennings. (REF 69−2443) (dno) (Entered: 11/22/1999)

1452 MINUTE ENTRY( 11/16/99): A Status Conf is SCHEDULED for 11:00 12/2/99 bfr Mag via telephone. The purpose of the conf is to discuss the proposed mental health facility. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 11/22/1999)

1453

Mtn by dfts Marc Morial &the City of NO and ORDER that attys Harry Rosenberg, Tania Tetlow, William Dunn, Roy Rodney &Eugene Radcliff are enrolled as counsel, and Harry Rosenberg is recognized as trial atty for same. by Magistrate Alma Chasez Date Signed: 12/5/99 (REF ALL CASES) (dno) (Entered: 12/07/1999)

1455 Mtn by dfts Marc Morial &the City of NO and ORDER that their req for the scheduling of a status conf is GRANTED. FURTHER ORDERED that said status conf will be held at 4:00pm on 12/9/99. by Magistrate Alma Chasez Date Signed: 12/9/99 (REF ALL CASES) (dno) (Entered: 12/13/1999)

1454

MINUTE ENTRY( 12/2/99): A Status Conf was conducted this date. Pla is GRANTED an extension until 1/17/00 to file any response which is deemed appropriate. Court will set up a phone status conf during week of 12/6/99 to discuss cut−off dates. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/07/1999)

1456

MINUTE ENTRY( 12/9/99): A status conf was conducted this date. The trial on the medical issue, presently scheduled for 2/17/00 is CONT to 9:00 5/30/00. The pre−trial conf is CONT from 2/10/00 to 10:00 5/19/00. Counsel to hold a face−to−face meeting on 12/16/99 re pre−trial discovery &are to present stip to Court on discovery deadlines following that meeting. If that stip has not been executed, there will be a status conf on 12/20/99 at 2:00pm. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/13/1999)

1457 Mtn by dft Charles Foti for exp hrg on his 3rd mtn for jail funding jgm and UNSIGNED ORDER. (REF ALL CASES) (dno) (Entered: 12/17/1999)

1458 3rd MTN by dft Charles Foti for jail funding jgm referred to Magistrate Alma Chasez (no hrg set) (REF ALL CASES) (dno) Modified on 09/28/2000 (Entered: 12/17/1999)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 29 of 68

12/13/1999 12/17/1999
12/21/1999 12/21/1999
12/21/1999 12/28/1999 12/28/1999 12/31/1999 01/04/2000 01/06/2000 01/10/2000 01/10/2000 01/11/2000 01/11/2000 01/14/2000 01/18/2000

1459 Statement by dft Charles Foti for Oral Argument regarding his mtn for jail funding jgm [1458−1]. (REF ALL CASES) (dno) (Entered: 12/17/1999)

1460

MINUTE ENTRY( 12/16/99): A Status Conf was conducted this date. There will be an evidentiary hrg on Sheriff Foti's mtn for jail funding jgm [1458−1] at 9:00 1/11/00. By 12/23/99, the City shall advise if a hrg is necessary or whether matter may be handled on stipulations. If evidence is to be received, ptys shall exchange witness lists by 1/3/00. Exhibits shall be exchanged by 1/7/00. Ptys shall advise Court bfr close of business on 12/17/99 if an agreement has been reached on a discovery schedule for the 5/30/00 trial. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/17/1999)

1461 MTN by dft Charles Foti for sanctions under Rule 37(g) and ORDER that said mtn be brought for exp hrg bfr Magistrate Alma Chasez at 2:00 12/21/99. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/21/1999)

1462

MINUTE ENTRY( 12/20/99): A status conf was conducted this date. Depos in connection with the 5/30/00 trial herein shall be taken on 3/23/00, 3/24/00, 3/29/00 &3/30/00 &on 4/13/00 &4/19/00. Counsel are ORDERED to reserve these dates on their calendars. Dft Foti's mtn for sanctions under Rule 37(g) [1461−1] is DENIED. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/21/1999)

1463 MINUTE ENTRY( 12/20/99): Schedule of pre−trial deadlines of the 5/30/00 trial agreed to by all counsel. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 12/21/1999)

1464 Memo in opposition by LA Dept Corrections to motion for reasonable attorney's fees &expenses [1293−1] filed by plas Louis Hamilton, et al (Ref all cases) (ijg) (Entered: 12/28/1999)

1466 Posthearing brief by dft Sheriff Charles Foti [1337−1] on issue of plas' mtn for attorney's fees. (REF 69−2443) (dno) Modified on 01/04/2000 (Entered: 01/04/2000)

1465 Opposition by dft City of NO to mtn for reasonable atty's fees &expenses [1293−1] filed by plas. (REF 69−2443) (dno) (Entered: 01/03/2000)

1467 Opposition by dft City of NO to mtn for jail funding jgm [1458−1] filed by dft Charles Foti. (REF ALL CASES) (dno) (Entered: 01/05/2000)

1468 Mtn by dft Sheriff Charles Foti Jr. and ORDER for leave to file his reply memo to the City of NO's opp to Sheriff Foti's 3rd mtn for jail funding jgm. by Magistrate Alma Chasez Date Signed: 1/7/00 (REF ALL CASES) (dno) (Entered: 01/10/2000)

1469 Dft Sheriff Charles Foti's reply memo to the City of NO's opp to his 3rd mtn for jail funding jgm [1458−1]. (REF ALL CASES) (dno) (Entered: 01/10/2000)

1471 Mtn by dft City of NO and ORDER for leave to file its suppl opp to Sheriff Foti's mtn for jail funding. by Magistrate Alma Chasez Date Signed: 1/14/00 (REF ALL CASES) (dno) (Entered: 01/14/2000)

1470 PROCEEDING: Recorded by Diane Malouse. Evidentiary hrg held on 1/11/00 re dft Sheriff Foti's [1458−1] mtn for jail funding jgm. See document for ruling. by Magistrate Alma Chasez (REF 69−2443) (dno) (Entered: 01/12/2000)

1485 Mtn by dft Charles C. Foti, Jr. and ORDER for leave to file a suppl posthrg brief on issue of atty's fees. by Magistrate Alma Chasez Date Signed: 2/14/00 (REF 69−2443) (dno) (Entered: 02/15/2000)

1472 Dft City of NO's suppl opposition to dft Sheriff Foti's [1458−1] mtn for jail funding jgm. (REF ALL CASES) (dno) (Entered: 01/14/2000)

1473

MINUTE ENTRY( 1/18/00): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. These reports are for the months of November &December, 1999. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/19/2000)

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01/20/2000
01/20/2000
01/20/2000 01/21/2000 01/24/2000 01/24/2000 01/25/2000 01/28/2000 02/07/2000
02/11/2000 02/14/2000 02/15/2000 02/15/2000 02/15/2000 02/15/2000

1474

MINUTE ENTRY( 1/11/00): An evidentiary hrg was scheduled this date on Sheriff Foti's mtn to obtain a jgm against City of NO on amts alleged to be past due under the consent decree. A stip partial resolving issues was entered. A further evidentiary hrg will be held on 3/9/00 at 9:00am as set out in doc. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/20/2000)

1475

MINUTE ENTRY( 1/19/00): Depos in connection with the 5/30/00 trial herein shall be taken on 3/23, 3/24 3/29 &3/30, 2000 and on 4/13 &4/19, 2000. Counsel are ORDERED to reserve these dates on their calendars. Mtn for sanctions filed by Sheriff Foti is DENIED. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/20/2000)

1476 MINUTE ENTRY( 1/19/00): Rule to show cause to dfts, St of LA &the Sheriff of Orleans Parish was held this date. Court received its periodic forensic report. A status conf will be scheduled to address the current backlog. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/20/2000)

1481 Mtn by dft Sheriff Charles Foti, Jr. and ORDER continuing the hrg on same's mtn to modify agreed entry on medical care, to be reset at a future conf between the ptys &the Court. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 02/07/2000)

1477 MINUTE ENTRY( 1/20/00): There will be a status conf at 11:00 2/14/00 bfr Mag. At that time, the State is instructed to bring those individuals who are in policy making positions to address the issue defined in doc. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/24/2000)

1478 MINUTE ENTRY( 1/24/00): A status conf is SCHEDULED for 4:00 1/26/00 via telephone w/Mag. Purpose of conf is to discuss the unopposed mtn for continuance of hrg on mtn to modify agreed entry on medical care filed by dfts on 1/21/00. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 01/24/2000)

1479 Transcript of settlement hrg held on 1/11/00 bfr Mag Chasez. (REF ALL CASES) (dno) (Entered: 01/26/2000)

1480 Mtn by dft Marc Morial and ORDER that atty Tania Christina Tetlow is withdrawn as counsel for same. by Judge Lansing L. Mitchell Date Signed: 2/1/00 (REF ALL CASES) (dno) (Entered: 02/03/2000)

1482

MINUTE ENTRY (2/4/00): Listed in the schedule of pre−trial deadlines for the 10/10/00 trial: 3/14/00 − deadline for submission of Sheriff Foti's expert report &witness list; 4/15/00 − deadline for filing prelim witness list by City; 5/15/00 − deadline for submission of expert report by City; 7/14/00 − deadline for all ptys to file final witness &exhibit lists; 8/31/00 − deadline for completion of all discovery; 9/13/00 − last hrg date for all pre−trial mtns; 9/22/00 − pre−trial conf; 10/10/00 − jury trial. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 02/07/2000)

1483 Mtn by plas and ORDER for leave to file their post−hrg reply brief regarding their pending mtn for atty's fees &expenses in excess of 25 pages. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 02/14/2000)

1484 Post−hrg reply brief by pla regarding their mtn for reasonable atty's fees &expenses [1293−1]. (REF ALL CASES) (dno) (Entered: 02/14/2000)

1486 Suppl posthrg brief by dft Charles C. Foti, Jr. on issue of attorney's fees &expenses [1293−1]. (REF 69−2443) (dno) (Entered: 02/15/2000)

1487 Notice of 30(b)(6) Deposition by dft Charles C. Foti, Jr. of the Office of the Orleans Parish Dist Atty on 2/28/00. (REF 69−2443) (dno) (Entered: 02/16/2000)

1488 Notice of 30(b)(6) Deposition by dft Charles C. Foti, Jr. of the Clerk of Orleans Parish Criminal Dist Court on 2/28/00. (REF 69−2443) (dno) (Entered: 02/16/2000)

1489 Notice of 30(b)(6) Deposition by dft Charles C. Foti, Jr. of the New Orleans Police Department on 2/28/00. (REF 69−2443) (dno) (Entered: 02/16/2000)

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02/15/2000
02/16/2000
02/17/2000 02/17/2000 02/17/2000 02/22/2000 02/24/2000
02/24/2000
02/25/2000
02/28/2000 02/28/2000 03/01/2000 03/01/2000 03/01/2000 03/01/2000

1494 Mtn by dft Charles C. Foti, Jr. and ORDER expediting his mtn to vacate order setting deadlines for exchange of expert reports − hrg set for 2/23/00 at 11:00am. by Magistrate Alma Chasez Date Signed: 2/18/00 (REF 69−2443) (dno) (Entered: 02/22/2000)

1490

MINUTE ENTRY (2/14/00): A Status Conf was conducted this date. There will be a further conf at which Secretary Stalder shall be in attendance on 3/17/00 at 2:00pm. At that meeting, Sheriff Foti shall indicate whether he intends to build a psychiatric facility or not as set out in doc. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 02/16/2000)

1491 Witness &Exhibit list submitted by dft The City of NO for the 3/9/00 hrg. (REF ALL CASES) (dno) (Entered: 02/18/2000)

1492 Exhibit list submitted by dft Sheriff Charles Foti for the 3/9/00 hrg on funding issues. (REF ALL CASES) (dno) (Entered: 02/18/2000)

1493 Witness list submitted by dft Sheriff Charles Foti for the 3/9/00 hrg on funding issues. (REF ALL CASES) (dno) (Entered: 02/18/2000)

1495 MTN by dft Charles C. Foti, Jr. to vacate order setting deadlines for exchange of expert reports referred to Magistrate Alma Chasez for hrg at 11:00 2/23/00 (REF 69−2443) (dno) (Entered: 02/22/2000)

1496 MINUTE ENTRY (2/23/00): The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. This report is for the month of January, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 02/24/2000)

1502 Motion by dft Charles C. Foti Jr and ORDER that exp hrg on its mtn to compel more complete responses from the City of NO to disc will be heard on 2/28/00 at 9:30 am by Magistrate Alma Chasez Date Signed: 2/28/00 (REF: all cases) (gw) (Entered: 03/02/2000)

1500 Motion by NO City of and ORDER that exp hrg on its mtn to quash the ntc of depo &subp issd by Sheriff Foti and/or for a proto will be heard on 2/28/00 at 9:30 am by Magistrate Alma Chasez Date Signed: 2/28/00 (REF: all cases) (gw) (Entered: 03/02/2000)

1497 Memo by dft City of NO in opposition to mtn to compel addl responses from the City of NO filed by dft Sheriff Charles Foti. (REF 69−2443) (dno) (Entered: 02/28/2000)

1498 Memo in opposition by dft Sheriff Charles Foti to the mtn to quash the ntc of depo &subp issued by Sheriff Foti and/or for protective order filed by dft City of NO. (REF 69−2443) (dno) (Entered: 02/28/2000)

1499 MINUTE ENTRY (2/25/00): Status Conf scheduled for 3/17/00 is rescheduled to 3/22/00 at 4:00 pm by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 03/02/2000)

1501 MOTION by NO City of to quash the ntc of depo &subp issd by Sheriff Foti and/or for a proto referred to Magistrate Alma Chasez to be heard before Mag at 9:30 2/28/00 (REF: all cases) (gw) (Entered: 03/02/2000)

1503 MOTION by dft Charles C. Foti Jr to compel more complete responses from the City of NO to disc referred to Magistrate Alma Chasez to be heard before Mag at 9:30 2/28/00 (REF: both cases) (gw) (Entered: 03/02/2000)

1504

MINUTE ENTRY (2/28/00): The motion by dft Sheriff Charles C. Foti Jr. to vacate order setting deadlines for exchange of expert reports [1495−1] − the deadline for the submission of the Sheriff's expert reports is extended to 5/1/00 with the City's to be submitted by 7/1/00; No further extensions will be granted to the Sheriff concerning expert reports; The motion by dft Charles C. Foti Jr. to compel more complete responses from the City of NO to disc [1503−1] − to the extent that the info sought by the Sheriff's disc req is not revealed at the depos scheduled to take place on Thursday, the City is to respond to those req in writing on 3/3/00; The motion by City of NO to quash the ntc of depo &subp issd by Sheriff Foti and/or for a proto [1501−1] − the Rule 30(b)(6) depo of the City as

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03/01/2000 03/01/2000 03/08/2000 03/09/2000 03/09/2000 03/09/2000 03/09/2000
03/09/2000 03/22/2000 03/22/2000
03/24/2000 03/24/2000 03/27/2000 03/28/2000 03/28/2000 03/28/2000
03/30/2000
03/30/2000

well as the depo of the 3 individuals subpoenaed by the Sheriff are to go forward on 3/2/00 at 3:00 pm by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 03/02/2000)
1505 RETURN OF SERVICE of subp to Charles C. Foti, Jr. on 3/1/00. (REF: all cases) (gw) (Entered: 03/02/2000)
1506 RETURN OF SERVICE of subp to Michael Geerken on 3/1/00. (REF: all cases) (gw) (Entered: 03/02/2000)
1507 MTN by dft City of New Orleans to order the Criminal Sheriff to comply with State Law referred to Magistrate Alma Chasez for hrg at 9:00 3/9/00 (REF ALL CASES) (dno) (Entered: 03/08/2000)
1508 Transcript of Deposition of Joseph Broussard taken on 2/28/00. (REF 69−2443) (dno) (Entered: 03/10/2000)
1509 Transcript of Deposition of Courtney Bagneris taken on 2/28/00. (REF 69−2443) (dno) (Entered: 03/10/2000)
1510 Transcript of Deposition of Peter Brandt taken on 2/28/00. (REF 69−2443) (dno) (Entered: 03/10/2000)
1511 PROCEEDING: Recorded by Vicky Hollard. Evidentiary hrg was held 3/9/00. Issues to be heard as set out in Court's M.E. of 1/11/00. Witnesses sworn &testified. Exhibits offered. by Magistrate Alma Chasez (REF 69−2443) (dno) Modified on 03/23/2000 (Entered: 03/10/2000)
1512 Notice for removal of exhibits to all counsel by Clerk. (REF 69−2443) (dno) (Entered: 03/10/2000)
1513 Statement for Oral Argument by dft Charles C. Foti regarding his mtn for jail funding jgm [1458−1]. (REF ALL CASES) (dno) (Entered: 03/22/2000)
1517 Mtn by dft Sheriff Charles Foti and ORDER expediting his 4th mtn for funding jgm − hrg set for 4/3/00 at 3:00pm bfr Mag. by Magistrate Alma Chasez Date Signed: 3/28/00 (REF ALL CASES) (dno) Modified on 04/17/2000 (Entered: 03/28/2000)
1514 Post−hrg brief filed by dft City of NO in support of its mtn to order the Criminal Sheriff to comply with State Law [1507−1]. (REF ALL CASES) (dno) (Entered: 03/27/2000)
1515 Posthearing Memorandum filed by dft Charles Foti on issues tried 3/9/00 [1511−1]. (REF ALL CASES) (dno) (Entered: 03/27/2000)
1516 MTN by plas for relief in the psychiatric phase referred to Magistrate Alma Chasez for hrg at 11:00 4/12/00 (REF ALL CASES) (dno) (Entered: 03/27/2000)
1518 4th MTN by dft Sheriff Charles Foti for funding jgm referred to Magistrate Alma Chasez for hrg at 11:00 4/5/00 (REF ALL CASES) (dno) (Entered: 03/28/2000)
1519 Notice of Hearing by dft Sheriff Charles Foti setting his mtn for funding jgm [1518−1] at 3:00pm on 4/3/00 bfr Mag Chasez. (REF ALL CASES) (dno) (Entered: 03/28/2000)
1520 MINUTE ENTRY (3/28/00): The Status Conf previously scheduled for 3/22/00 is RESCHEDULED for 5:00 4/24/00 bfr Mag. John LaCourt &Secretary Stalder are to be in attendance at this conf. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 03/28/2000)
1521 MINUTE ENTRY (3/29/00): Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks and Clay Calhoun. This report is for the month of February, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 03/30/2000)
1522 MINUTE ENTRY (3/28/00): Oral argument on plas' mtn for relief in the psychiatric phase [1516−1] will be conducted at 5:00 4/24/00 bfr Mag. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 03/30/2000)

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03/31/2000 04/03/2000 04/07/2000 04/10/2000 04/12/2000
04/12/2000 04/14/2000 04/18/2000 04/25/2000 05/12/2000 05/26/2000
06/05/2000
06/07/2000 06/12/2000
06/13/2000 06/13/2000

1523 Memo in opposition by dft City of NO to 4th mtn for funding jgm [1518−1] filed by dft Sheriff Charles Foti. (REF ALL CASES) (dno) (Entered: 04/03/2000)

1524 Dft City of NO's reply to dft Sheriff Charles Foti's post−hrg memorandum governing payment of court costs. (REF ALL CASES) (dno) Modified on 04/17/2000 (Entered: 04/04/2000)

1525 2nd post−hrg brief filed by dft Charles C. Foti re his mtn for jail funding jgm [1458−1]. (REF ALL CASES) (dno) (Entered: 04/10/2000)

1526 Transcript of excerpt of proceeding held on 3/9/00 bfr Mag Chasez. (REF ALL CASES) (dno) (Entered: 04/11/2000)

1527 MINUTE ENTRY (4/11/00): Clerk is directed to prepare a transcript of the proceedings of the above matter which was recorded this date. This is to be accomplished on an expedited basis. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 04/12/2000)

1528 MINUTE ENTRY (4/12/00): Rule to show cause to dfts, State of LA &the Sheriff of Orleans Parish is cont to 11:00 4/19/00 bfr Mag. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 04/14/2000)

1529 Transcript of hrg on mtn for jail funding held on 4/11/00 bfr Mag Chasez. (REF ALL CASES) (dno) (Entered: 04/17/2000)

1530 Transcript of hrg on mtn for jail funding held on 4/11/00 bfr Mag Chasez. (REF 69−2443) (dno) (Entered: 04/18/2000)

1531 MINUTE ENTRY (4/24/00): A Status Conf was conducted this date. There will be further status conferences on 6/13/00 at 2:00pm &8/16/00 at 2:00pm as set out in doc. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 04/25/2000)

1532 NOTICE by counsel for dfts Marc Morial &the City of New Orleans, of their change of address. (REF ALL CASES) (dno) (Entered: 05/12/2000)

1533

Report and Recommendation by Magistrate Alma Chasez regarding [1293−1] plas' motion for reasonable attorney's fees &expenses; recommended that plas' counsel be awarded jgm of $107,652.18 subject to a credit of $17,345.70; further recommended that the balance due and owing be paid by Sheriff Charles Foti Jr.; further recommended that each pty otherwise bear its own costs. Date Signed: 5/25/00 Date of Mailing: 5/26/00 (REF: All Cases) (jd) (Entered: 05/26/2000)

1534

MINUTE ENTRY (6/1/00): A status conf was conducted this date on the issue of the jail sexual harassment policy. On or bfr 6/9/00, Mr. Usry shall furnish Court &Mr. Jones w/revised copy of proposed sexual harassment policy. If further discussion is needed, Court will schedule another conf. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 06/05/2000)

1535 Pre−hrg memo of dft Sheriff Charles C. Foti, Jr. on issues to be tried 3/9/00. (REF 69−2443) (dno) (Entered: 06/07/2000)

1536 MINUTE ENTRY (6/9/00): Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John Weeks &Clay Calhoun. These reports are for the months of April &May, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 06/12/2000)

1537 MINUTE ENTRY (6/12/00): The Status Conf previously scheduled for 6/13/00 bfr Mag is RESCHEDULED for 1:30 7/13/00. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 06/13/2000)

1538

MINUTE ENTRY (6/13/00): Matter is bfr Court on Mag Chasez's RRon the 7th fee application filed in 10/98 by plas' counsel. A ptys' failure to file written objs to the proposed findings &recommendations contained in said RRw/in 10 days of this date shall bar that pty, except on the grounds of plain error, from attacking on appeal the unobjected−to proposed factual findings &legal conclusions accepted by the dist court, provided that the pty has been served w/ntc that such consequences will result from a failure to object. by Judge Lansing L. Mitchell (REF ALL CASES) (dno) (Entered: 06/13/2000)

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06/15/2000
06/21/2000 06/27/2000 07/07/2000
07/12/2000 07/13/2000 07/14/2000 07/14/2000
08/01/2000 08/03/2000 08/07/2000 08/11/2000 08/22/2000
08/22/2000
08/24/2000

1539

MINUTE ENTRY (6/13/00): The Clerk is ORDERED to amd the mailing list in this matter as set out in doc. Clerk further ORDERED to include the listed Court experts on the mailing list but to mail only minute entries and/or orders so designated. by Magistrate Alma Chasez (REF ALL CASES) (dno) Modified on 06/16/2000 (Entered: 06/16/2000)

1540 Mtn by dft City of New Orleans and ORDER extending time until 7/17/00 to file its expert reports. by Magistrate Alma Chasez Date Signed: 6/22/00 (REF ALL CASES) (dno) Modified on 06/23/2000 (Entered: 06/23/2000)

1541 Notice of Deposition by dft City of New Orleans of the Orleans Parish Criminal Sheriff on 7/6/00. (REF 69−2443) (dno) (Entered: 06/27/2000)

1542

ORDERED that plas' counsel are AWARDED jgm in the amt of $107,652.18 subject to a credit of $17,345.70. FURTHER ORDERED that the balance due &owing herein be paid by Sheriff Charles C. Foti, Jr. FURTHER ORDERED that each pty otherwise bear its own costs. [1293−1] by Judge Lansing L. Mitchell Date Signed: 7/6/00 (REF ALL CASES) (dno) Modified on 07/27/2000 (Entered: 07/10/2000)

1544 Mtn by dft City of NO and ORDER expediting its mtn for an extension of time to file expert reports − hrg set for 7/13/00 at 2:00pm. by Magistrate Alma Chasez Date Signed: 7/13/00 (REF ALL CASES) (dno) (Entered: 07/14/2000)

1543 MINUTE ENTRY (7/12/00): Court is in receipt of its monthly update on individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. Reports are for the month of June, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 07/13/2000)

1545 MTN by dft City of NO for extension of time to file an expert report referred to Magistrate Alma Chasez for hrg at 2:00 7/13/00 (REF ALLC ASES) (dno) (Entered: 07/14/2000)

1546

MINUTE ENTRY (7/13/00): A Status Conf was conducted this date as set out in doc. There will be a further status conf at 11:00am on 3/15/01 to assess situation regarding transfer of inmates from Orleans Parish Prison to a state forensic facility. Court EXTENDS the deadline for filing of the City of NO's expert reports until 7/28/00 [1545−1] by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 07/14/2000)

1547 RETURN OF SERVICE of subp to Ericksen, Krentel, Canton &LaPorte, L.L.P. svd 8/1/00. (REF 69−2443) (dno) (Entered: 08/01/2000)

1548 Notice of Deposition by dft Charles Foti of George Lyrene on 8/24/00. (REF 69−2443) (dno) (Entered: 08/04/2000)

1549 Notice of Deposition by dfts Marc Morial &The City of NO of Dr. Ronald Shansky on 8/23/00. (REF 69−2443) (dno) (Entered: 08/08/2000)

1550 Memo by dft City of New Orleans in opposition to mtn for protective order filed by dft Charles Foti. (REF 69−2443) (dno) (Entered: 08/14/2000)

1551

MINUTE ENTRY (8/18/00) A status conf was held on 8/16/00 at which time the progress on the proposed psychiatric facility for the Parish Prison was discussed. The pre−trial Conf set for 9/22/00 is rescheduled for 2:30pm on 9/25/00. by Magistrate Alma Chasez (REF ALL CASES) (dno) Modified on 09/14/2000 (Entered: 08/22/2000)

1554

MINUTE ENTRY (8/14/00) A status conf was conducted this date. Sheriff Foti's mtn for protective order was taken up this date. That mtn is granted, pending the City of NO filing an opp to the mtn for sum jgm lodged by the Sheriff. By 8/31/00, the City shall file an opp to the mtn for sum jgm as set out in doc. There will be oral argument on Foti's mtn for sum jgm on 9/8/00 at 5:00pm bfr Mag. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 08/24/2000)

1552 Mtn by dft Charles Foti and ORDER expediting his mtn for sum jgm on medical funding issues − hrg set for 9/8/00 at 5:00pm w/oral argument. by Magistrate Alma Chasez Date Signed: 8/23/00 (REF ALL CASES) (dno) (Entered: 08/24/2000)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 35 of 68

08/24/2000 08/25/2000
08/30/2000
09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/05/2000 09/06/2000 09/07/2000 09/08/2000
09/22/2000 09/25/2000 09/25/2000 09/25/2000 09/25/2000
09/26/2000 09/29/2000

1553 MTN by dft Charles Foti for sum jgm on medical funding issues referred to Magistrate Alma Chasez for hrg at 5:00 9/8/00 (REF 69−2443) (dno) (Entered: 08/24/2000)

1555 MINUTE ENTRY (8/23/00) Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. These reports are for the month of July, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 08/25/2000)

1556 MINUTE ENTRY (8/29/00) The meaning of "per diem," the subject matter of the cmp for declaratory jgm, was resolved in 69−cv−2443. (See Rec. docs. 1331, 1330 &1324 in 69−2443). Accordingly, Clerk is directed to administratively close this matter. by Magistrate Alma Chasez (REF 98−2889) (dno) (Entered: 08/30/2000)

1557 MTN by City of NO for Rule 56(f) relief referred to Magistrate Alma Chasez at 11:00 9/27/00 (REF 69−2443) (dno) (Entered: 09/05/2000)

1558 Request for Oral Argument by dft City of NO regarding its mtn for Rule 56(f) relief [1557−1]. (REF 69−2443) (dno) (Entered: 09/05/2000)

1559 MINUTE ENTRY (8/30/00) Clerk is directed to administratively close case. by Magistrate Alma Chasez (REF 88−3736) (dno) (Entered: 09/06/2000)

1560 MINUTE ENTRY (8/29/00) Clerk is directed to administratively close case. by Magistrate Alma Chasez (REF 94−2502) (dno) (Entered: 09/06/2000)

1563 Mtn by City of NO and ORDER expediting its mtn for Rule 56(f) relief − hrg set for 9/8/00 at 5:00pm. by Magistrate Alma Chasez Date Signed: 9/8/00 (REF ALL CASES) (dno) Modified on 09/11/2000 (Entered: 09/11/2000)

1561 Mtn by dft Charles Foti and ORDER for leave to file his reply memo in further support of his mtn for sum jgm concerning City medical funding. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/07/2000)

1562 Reply Memo by dft Charles Foti in support of his [1553−1] mtn for sum jgm on medical funding issues. (REF 69−2443) (dno) (Entered: 09/07/2000)

1564

MINUTE ENTRY (9/8/00) A status conf was conducted this date. Counsel for the City of NO moved to cont dft Charles Foti's mtn for sum jgm on medical funding issues [1553−1] &its mtn for Rule 56(f) relief [1557−1] scheduled for hrg on this date. Both mtns will be heard at the time of the pre−trial conf scheduled for 2:30pm on 9/25/00. by Magistrate Alma Chasez (REF 69−2443) (dno) (Entered: 09/11/2000)

1565 MTN by plas for attys' fees &costs referred to Magistrate Alma Chasez for hrg at 11:00 10/11/00 (REF ALL CASES) (dno) (Entered: 09/25/2000)

1566 Exhibit list filed by dft Charles Foti for 10/10/00 hrg on City medical funding. (REF ALL CASES) (dno) (Entered: 09/26/2000)

1567 Witness &exhibit list submitted by dft City of New Orleans. (REF ALL CASES) (dno) (Entered: 09/26/2000)

1568 Witness list submitted by dft Charles Foti for the 10/10/00 hrg on City medical funding. (REF ALL CASES) (dno) (Entered: 09/26/2000)

1569 MINUTE ENTRY (9/25/00) Court is in receipt of its monthly update on individuals listed in the attached letters &accompanying reports from John F. Weeks &Clay Calhoun. These reports are for the month of August, 2000. by Magistrate Alma Chasez (REF ALL CASES) (dno) (Entered: 09/26/2000)

1570 Suppl Witness list submitted by dft City of NO. (REF ALL CASES) (dno) (Entered: 09/27/2000)

1571

MINUTE ENTRY (9/25/00) A pretrial conf was conducted this date. Ptys agreed to submit Sheriff Foti's mtn for sum jgm to court for decision w/o oral argument. There will be an evidentiary hrg on plas' mtn for attys' fees at 10:00am on 2/12/01, if needed. A pre−trial conf will be held at 1:00pm on 1/29/01. All discovery shall be completed by 12/22/00 &witness &exhibit lists shall be exchanged by 10/20/00. by Magistrate Alma Chasez (REF ALL CASES) (dno) Modified on 11/08/2000

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10/03/2000 10/04/2000
10/06/2000 10/06/2000 10/11/2000 10/11/2000 10/11/2000 10/18/2000 10/19/2000 10/20/2000 10/31/2000
10/31/2000 11/27/2000 12/05/2000 12/27/2000 01/02/2001

(Entered: 10/02/2000)

1572 NOTICE case reallotted to Judge Sarah S. Vance by Clerk (REF ALL CASES) (dno) (Entered: 10/03/2000)

1573

MINUTE ENTRY ( 10/3/00 ) dismissing as moot the plaintiffs' motion to enforce stipulation regarding Phase IV complaint regarding sexual misconduct, to reopen phase IV discovery, for an hrg and for an order regarding sexual misconduct policies for Orleans Parish Prison [1393−1]. by Magistrate Alma Chasez (REF: ALL CASES) (tbl) (Entered: 10/04/2000)

1574 MOTION by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown for relief &enforcement of agreed entry on medical care referred to Magistrate Alma Chasez to be heard before Mag. Judge Chasez at 11:00 10/25/00 (Ref: All cases) (sw) (Entered: 10/06/2000)

1575 Motion by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown and ORDER for appearance of Robin Elise Schulberg as local co−counsel by Magistrate Alma Chasez Date Signed: 10/9/00 (REF: 69−2443) (bb) (Entered: 10/12/2000)

1576 MINUTE ENTRY (10/5/00) Ordered that the motion of Charles Foti for sum jgm on medical funding issues [1553−1] is moot; jury trial set 9:00 10/10/00 is vacated by Magistrate Alma Chasez (REF: 69−2443) (bb) (Entered: 10/12/2000)

1577 MINUTE ENTRY (10/10/00) Order to show cause hrg is cont to 11:00 10/25/00 by Magistrate Alma Chasez (REF: 69−2443) (bb) (Entered: 10/12/2000)

1578 MINUTE ENTRY (10/10/00) re−setting plas' motion for relief in the psychiatric phase [1516−1] at 11:00 10/25/00 with oral argument by Magistrate Alma Chasez (REF: 69−2443) (bb) (Entered: 10/12/2000)

1579 MINUTE ENTRY (10/16/00) The Court is in receipt of its monthly update on the individuals listed in the attached letters and reports; these reports are for the month of September 2000 by Magistrate Alma Chasez (bb) (Entered: 10/18/2000)

1580 Witness list submitted by plaintiffs Louis Hamilton et al (REF: 69−2443) (bb) (Entered: 10/19/2000)

1581 Witness &exhibit list submitted by defendant Charles C Foti Jr for 2/12/01 hrg on atty's fees (Ref all cases) (ijg) (Entered: 10/23/2000)

1582

MINUTE ENTRY ( 10/25/00 ) Hrg held on rule to show cause to dfts St of LA &Sheriff of Orleans − matter will be discussed further at a status conf on 11/30/00 at 2:00 pm or 12/1/00 at 3:00 pm depending on counsel's schedules; Plas' motion for relief &enforcement of agreed entry on medical care [1574−1] − Status conf will be held on 2/8/01 at 1:00 pm to assess the extent of the improvements noted in the doc; If necessary, an evidentiary hrg on pla's mtn will go forward on 5/29/01 at 10:00 am by Magistrate Chasez (REF: all cases) (gw) (Entered: 11/01/2000)

1583 MINUTE ENTRY ( 10/30/00 ) A status conf is scheduled for 12/1/00 at 3:00 pm by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 11/01/2000)

1584 MINUTE ENTRY (11/20/00) The Court is in receipt of its monthly reports from John F. Weeks &Clay Calhoun; these reports are for the month of October, 2000 by Magistrate Alma Chasez (bb) (Entered: 11/27/2000)

1585 MINUTE ENTRY (12/1/00) Status Conf held 11:00 3/15/01; counsel is ordered to advise the court in writing as to the status of the new facility by 12/31/00 by Magistrate Judge Alma Chasez (REF: 69−2443) (bb) (Entered: 12/06/2000)

1586 MINUTE ENTRY ( 12/21/00 ) The Court is in receipt of its monthly update on the individuals listed in the attached letters and reports from John F. Weeks and Clay Calhoun; these reports are for the month of 11/2000 by Magistrate Judge Alma Chasez (REF: 69−2443) (bb) Modified on 12/27/2000 (Entered: 12/27/2000)

1587 NOTICE of change of address by attorney Mohamedu F. Jones (REF: 69−2443) (bb) (Entered: 01/04/2001)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 37 of 68

01/02/2001 01/19/2001 01/25/2001 02/09/2001 02/12/2001
02/16/2001 02/23/2001
03/07/2001 03/19/2001 03/20/2001 04/10/2001 04/12/2001 04/16/2001 04/19/2001 04/19/2001
05/08/2001

1588 NOTICE of change of address of the National Prison Project (REF: 69−2443) (bb) (Entered: 01/04/2001)

1589 MINUTE ENTRY ( 1/19/01 ) Pre−Trial Conference is cont to 4:00 2/1/01 by Magistrate Judge Alma Chasez (REF: 69−2443) (bb) (Entered: 01/22/2001)

1590 MINUTE ENTRY ( 1/24/01 ) Pre−Trial Conference is cont to 1:00 2/8/01 by Magistrate Judge Alma Chasez (bb) (Entered: 01/25/2001)

1591 Declaration of Giovana Shay re attorneys' fees hrg scheduled for 02/12/01 by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown (REF: ALL CASES) (ck) (Entered: 02/09/2001)

1592

MINUTE ENTRY ( 2/8/01 ) Pre−Trial Conference scheduled for 1:00 on 2/8/01 was converted to a status conf; the Evidentiary hearing scheduled for 2/12/01 is continued to 10:00 on 4/19/01; a final Pre−Trial Conference is set for 1:30 on 4/11/01 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 02/13/2001)

1593 MINUTE ENTRY ( 2/15/01 ) Status Conf held ; Further conference set 4/11/01 at 1:30 pm to discuss the status of individuals in Sheriff Foti's facility in need of treatment in a state facility by Magistrate Alma Chasez (REF: all cases) (gw) (Entered: 02/16/2001)

1594

MINUTE ENTRY ( 2/16/01 ): The court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the months of December, 2000 and January 2001 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) Modified on 02/23/2001 (Entered: 02/23/2001)

1595 MINUTE ENTRY ( 3/6/01 ) The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of 02/01 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 03/07/2001)

1596 Motion by plas' and ORDER for leave to file suppl to their mtn for atty's fees by Magistrate Judge Alma Chasez Date Signed: 3/20/01 (REF: 88−3736 &94−2502) (gw) Modified on 03/21/2001 (Entered: 03/21/2001)

1597 Supplement to plas' [1565−1] motion for attys' fees &costs. (REF: 88−3736 &94−2502) (gw) (Entered: 03/21/2001)

1598 MINUTE ENTRY ( 4/9/01 ): The court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of March, 2001 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 04/11/2001)

1600 Motion by dfts Charles C Foti Jr et al and ORDER that exp hrg on its mtn for continuance of pla's mtn for an award of attys' fees &costs will be heard on 4/12/01 at 3:00 pm by Magistrate Judge Alma Chasez (REF: all cases) (gw) (Entered: 04/19/2001)

1599 Memo in opposition by plaintiffs' to mtn for a delay in fees hrg filed by defendants (REF: ALL CASES) (ck) Modified on 05/18/2001 (Entered: 04/16/2001)

1601 MOTION by dfts Charles C Foti Jr et al for continuance of the 4/19/01 hrg of pla's mtn for an award of atty fees &costs referred to Magistrate Judge Alma Chasez to be heard before Mag at 3:00 4/12/01. (REF: all cases) (gw) (Entered: 04/19/2001)

1602

MINUTE ENTRY ( 4/19/01 ) A pre−trial conference went forward on 4/11/01 ; a settlement conf went forward on the issues involved in the pending mtn for attorneys' fees; the hrg date of 04/19/01 is vacated in light of the agreement between the parties; new hrg date is established for July 16, 17, and 18, 2001; other deadlines as set forth in document by Magistrate Judge Alma Chasez (REF: ALL CASES)(ck) Modified on 05/18/2001 (Entered: 04/20/2001)

1603 MINUTE ENTRY ( 5/8/01 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F Weeks &Clayton Calhoun; These reports are for the month of April 2001 by Magistrate

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05/17/2001 05/17/2001 05/17/2001 05/17/2001 05/17/2001 05/17/2001 06/05/2001 06/06/2001 06/06/2001 06/11/2001 06/12/2001 06/12/2001 06/18/2001
06/20/2001 06/20/2001 07/05/2001
07/06/2001

Judge Alma Chasez (REF: all cases) (gw) (Entered: 05/09/2001)

1604 Amended Witness and exhibit list submitted by Sheriff Charles C. Foti, Jr. for 07/16/01 hearing on attorney's fees (REF: ALL CASES) (ck) (Entered: 05/17/2001)

1605 List of Legal Issues to be resolved at 07/16/01 fee hrg filed by Sheriff Foti (REF: ALL CASES) (ck) Modified on 05/17/2001 (Entered: 05/17/2001)

1606 Witness, exhibit, and issue lists submitted by Mike Foster, Richard Stalder, and David Hood in opp to plas' eighth mtn for attorneys' fees and costs (REF: ALL CASES) (ck) (Entered: 05/18/2001)

1607 Exhibit list for 07/16/01 hrg filed by City of New Orleans (REF: ALL CASES) (ck) Modified on 05/18/2001 (Entered: 05/18/2001)

1608 Witness list for 07/16/01 hrg submitted by City of New Orleans (REF: ALL CASES) (ck) (Entered: 05/18/2001)

1609 List of Legal Issues to be resolved at 07/16/01 fee hrg filed by City of New Orleans (REF: ALL CASES) (ck) (Entered: 05/18/2001)

1610 Statement of Issues and Lists of Witnesses and Exhibits for the Attorney's Fee hrg scheduled 07/16/01 submitted by plaintiffs (REF: ALL CASES) (ck) (Entered: 06/06/2001)

1611 MINUTE ENTRY ( 6/4/01 ) At the request of pla's counsel a telephone Status Conf regarding the medical phase in this matter is scheduled for 3:00 on 6/8/01 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 06/07/2001)

1612 MINUTE ENTRY ( 6/5/01 ) The Evidentiary hearing scheduled for 7/16/01 will begin at 10:00 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 06/07/2001)

1613 Motion by plaintiffs and ORDER for leave to file second supplement to 09/19/00 fees petition by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 06/12/2001)

1614 Second Supplement by plaintiffs in support of [1565−1] plas' 09/19/00 motion for attys' fees &costs scheduled for 07/16/01 (REF: ALL CASES) (ck) (Entered: 06/12/2001)

1615 Memorandum by plaintiffs in support of their approved request for medical expert tour of Orleans Parish Prison and Medical Center of LA, New Orleans on June 25 and 26, 2001 (REF: ALL CASES) (ck) (Entered: 06/12/2001)

1616 MINUTE ENTRY ( 06/14/01 ): The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of May, 2001 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 06/19/2001)

1617 Memorandum in opposition filed by dft Sheriff Charles C. Foti, Jr. to plas' proposed medical expert tour (REF: ALL CASES) (ck) (Entered: 06/20/2001)

1618 NOTICE of change of address by attorney John F. Weeks, II of Usry and Weeks (REF: ALL CASES) (ck) (Entered: 06/21/2001)

1625 Motion by plaintiffs and ORDER that expedited hrg be held on their mtn for an order to Sheriff Foti, the City of New Orleans and the State dfts, compelling the discovery sought by plas on 7/10/01 at 4:30 by Magistrate Judge Alma Chasez Date Signed: 7/10/01 (REF: ALL CASES) (ck) (Entered: 08/28/2001)

1619

Motion by plaintiffs and ORDER that plas' mtn for expedited hrg on their mtn for an order to Sheriff Foti, the City of New Orleans and the State dfts, compelling the discovery in respect to attorney's fees is granted and a hrg will be held via telephone on 07/10/01 at 3:30 by Magistrate Judge Alma Chasez Date Signed: 7/11/01 (REF: ALL CASES) (ck) (Entered: 07/13/2001)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 39 of 68

07/12/2001 07/12/2001 07/18/2001
07/19/2001 08/15/2001
08/30/2001 08/31/2001 09/07/2001 09/27/2001 09/28/2001 10/15/2001 10/25/2001 11/01/2001

1620 MOTION by plaintiffs to compel discovery related to 07/16/01 attorney's fees hrg referred to Magistrate Judge Alma Chasez to be heard before Mag Judge Chasez at 3:30 7/10/01 (REF: ALL CASES) (ck) (Entered: 07/13/2001)

1621 MINUTE ENTRY ( 7/10/01 ) Plas' motion to compel discovery related to 07/16/01 attorney's fees hrg [1620−1] is ruled on as set forth in document by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 07/13/2001)

1622

MINUTE ENTRY ( 7/17/01 ) A status conf was held this date; the parties arrived at an arrangement which would fund the pla's claims on the last fee petition; there will be an Evidentiary hearing at 10:00 10/4/01 bfr Mag Judge at which time the pro rata responsibility of each of the parties for the amounts payable to pla will be adjudicated by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 07/18/2001)

1623 MINUTE ENTRY ( 7/18/01 ) The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of June, 2001 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 07/20/2001)

1624

MINUTE ENTRY ( 08/10/01 ) The court received an update this date from counsel for the State on the movement of individuals from Orleans Parish Prison to State forensic institutions; accordingly, the State will now begin to utilize the new 50 beds recently made available for the needs of individuals outside of Orleans Parish in that the Orleans Parish backlog has been eliminated as stated herein by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 08/15/2001)

1626

MINUTE ENTRY ( 08/28/01 ) A Status Conf was held this date among defense counsel to determine the availability of funds to pay to plas' counsel as agreed; counsel for the City is to advise Ms. Bowers as to the City's position regarding the dismissal of the State from further litigation as set forth in document by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 08/30/2001)

1627 Report of evaluation of medical care delivery system of Orleans Parish Prison June 25−26, 2001 by plas (REF: ALL CASES) (vld) (Entered: 08/31/2001)

1628

MINUTE ENTRY ( 9/5/01 ): The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun. These reports are for the month of July 2001; by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) Modified on 09/07/2001 (Entered: 09/07/2001)

1629 MOTION by plas for an evidentiary hearing ; referred to Magistrate Judge Alma Chasez; to be heard before Mag Judge at 11:00 10/17/01 (REF: ALL CASES) (vld) (Entered: 09/28/2001)

1630 Minute Entry (9/26/01): a status conference is scheduled before Mag Judge Chasez at 2:00 on 10/11/01; by Magistrate Judge Chasez (vld) (Entered: 09/28/2001)

1631

MINUTE ENTRY ( 10/11/01 ) Status conf was conducted 10/11/01; plas' motion for an evidentiary hearing [1629−1] is granted; an evidentiary hrg with regard to mental health issues will go forward on 03/04/02 at 10:00 a.m.; there will be a final Pre−Trial Conference at 2:00 on 2/25/02; other deadlines are set forth in document by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 10/15/2001)

1632

MINUTE ENTRY ( 10/24/01 ): The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the months of September and October, 2001 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 10/25/2001)

1633

MINUTE ENTRY ( 10/30/01 ): Plas are to file the report of their psychiatric expert by 1/15/02 and dfts have until 02/15/02 to file a reply; discovery cutoff date is extended to 2/20/02; as to other issues and witnesses, discovery cutoff expires on 02/01/02 by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) Modified on 12/17/2001 (Entered: 11/01/2001)

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11/02/2001 11/29/2001 12/06/2001 12/17/2001 12/28/2001
01/15/2002 01/15/2002 01/22/2002 01/22/2002 01/25/2002 01/30/2002 01/30/2002 01/31/2002 02/01/2002
02/05/2002

1634 MINUTE ENTRY ( 11/1/01 ) A telephone Status Conf is scheduled for 3:00 11/28/01 bfr Mag Judge Chasez regarding the issue of HIV treatment manual for clinicians by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 11/02/2001)

1635 MINUTE ENTRY ( 11/28/01 ) A Status Conf was held 3:00 11/28/01; information as to changes in the jail med department pertaining to HIV+ inmates was related by Mr. Weeks by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 11/29/2001)

1636 MINUTE ENTRY ( 12/5/01 )The Court is in receipt of its monthly update on the individuals listed in the attached letters and reports from John F. Weeks and Clay Calhoun; these reports are for the months of October and November by Magistrate Judge Alma Chasez (REF: ALL CASES) (ck) (Entered: 12/07/2001)

1637 Statement of issues, witness &Exhibit list by plaintiffs for the mental health hrg sched 3/4/02 (REF: ALL CASES) (bc) (Entered: 12/18/2001)

1638

Motion by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown and ORDER withdrawing attorney Robin Elise Schulberg for Edwin Brown, attorney Robin Elise Schulberg for Floyd Domino, attorney Robin Elise Schulberg for Louis Hamilton by Magistrate Judge Alma Chasez Date Signed: 1/2/02 (REF: 69−2443) (ck) (Entered: 01/03/2002)

1639 Report of Evaluation of Mental Health Care Delivery System of Orleans Parish Prison by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown (REF: ALL CASES) (ck) (Entered: 01/16/2002)

1640 Statement of issues and list of witnesses and exhibits by defendant Charles C Foti Jr for the mental health hrg scheduled 3/4/02 (REF: ALL CASES) (ck) (Entered: 01/16/2002)

1641 MOTION by plaintiffs for clarification of the role of Dr. Howard Osofsky as the Court's expert referred to Magistrate Judge Alma Chasez to be heard before Mag Judge Chasez at 11:00 2/6/02 (REF: ALL CASES) (ck) (Entered: 01/23/2002)

1644 Motion by plas and ORDER for leave to file supplement to plas' 9/24/01 mtn for evidentiary hrg ; by Magistrate Judge Alma Chasez Date Signed: 1/31/02 (REF: ALL CASES) (vld) (Entered: 02/01/2002)

1642 MINUTE ENTRY ( 1/24/02 ) Oral argument on plas' motion for clarification of the role of Dr. Howard Osofsky as the Court's expert [1641−1] will be conducted at 11:00 2/6/02 bfr Mag Judge Chasez by Magistrate Judge Sally Shushan for Alma Chasez (REF: ALL CASES) (ck) Modified on 01/28/2002 (Entered: 01/28/2002)

1643 Memo in opposition by defendant Charles C Foti Jr to plas' motion for clarification of the role of Dr. Howard Osofsky as the Court's expert [1641−1] (REF: ALL CASES) (vld) (Entered: 01/30/2002)

1646 Motion by dfts Mike Foster, Richard Stalder, David Hood and ORDER that a status conf concerning the psychiatric hrg currently set for 3/4−6/02 is set for 11:00 2/6/02 by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) Modified on 02/01/2002 (Entered: 02/01/2002)

1645 Plas' Supplement to [1629−1] motion for an evidentiary hearing (REF: ALL CASES) (vld) Modified on 02/01/2002 (Entered: 02/01/2002)

1647

MINUTE ENTRY ( 1/30/02 ): The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and clay Calhoun. These reports are for the month of December, 2001; by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) Modified on 02/01/2002 (Entered: 02/01/2002)

1648

MINUTE ENTRY ( 2/5/02 ): The Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun. These reports are for the month of January, 2002; by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) Modified on 02/06/2002 (Entered: 02/06/2002)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 41 of 68

02/07/2002 02/07/2002 02/08/2002
02/13/2002 02/13/2002 02/13/2002 02/13/2002 02/14/2002
02/15/2002 02/20/2002 02/20/2002 02/20/2002 02/22/2002 02/25/2002 02/26/2002 02/27/2002

1649 MOTION by dft City of New Orleans to extend time in which to provide the interim payment to the Orleans Parish Criminal Sheriff as set forth in doc; referred to Magistrate Judge Alma Chasez; to be heard before Mag Judge at 11:00 3/6/02 (REF: ALL CASES) (vld) Modified on 02/15/2002 (Entered: 02/07/2002)

Mail Returned [1642−1] minute entry addressed to Eric G. Balaban, ACLU Foundation, National Prison Project (REF: ALL CASES) (vld) Modified on 02/07/2002 (Entered: 02/07/2002)

1650

MINUTE ENTRY ( 2/6/02 ): re plas' motion for clarification of the role of Dr. Howard Osofsky as the Court's expert [1641−1], The Court will speak w/Dr. Osofsky re his involvement in the New Directions Alternative Program; all parties agreed that the hrg on staffing and the monetary issues related thereto should not proceed until after the new psychiatric facility is put into operation; the hrg on the remaining issues will go forward on 3/4/02 as scheduled; by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) (Entered: 02/11/2002)

Mail Returned [1644−2] order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (REF: ALL CASES) (vld) (Entered: 02/14/2002)

1657 Motion by defendant Charles C Foti Jr and ORDER that dft Charles C Foti Jr's fifth motion for jail funding judgment be brought for expedited hearing before Magistrate Judge at 11:00 3/6/02 by Magistrate Judge Alma Chasez Date Signed: 3/4/02 (ref: all cases) (dw) (Entered: 03/06/2002)

1658 FIFTH MOTION by defendant Charles C Foti Jr for jail funding judgment referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 3/6/02 (ref: all cases) (dw) (Entered: 03/06/2002)

1659 Request for Oral Argument by defendant Charles C Foti Jr regarding fifth motion for jail funding judgment [1658−1] by defendant Charles C Foti Jr (ref: all cases) (dw) Modified on 03/06/2002 (Entered: 03/06/2002)

1651

MINUTE ENTRY ( 2/8/02 ): dft City of New Orleans' motion to extend time in which to provide the interim payment to the Orleans Parish Criminal Sheriff [1649−1] is set before the Mag Judge W/ORAL ARGUMENT at 11:00 3/6/02 by Magistrate Judge Alma Chasez (REF: ALL CASES) (vld) Modified on 02/15/2002 (Entered: 02/15/2002)

1652 Memo in opposition by defendant Charles C Foti Jr to dft City of New Orleans' motion to extend time in which to provide the interim payment to the Orleans Parish Criminal Sheriff [1649−1] (REF: ALL CASES) (vld) Modified on 02/15/2002 (Entered: 02/15/2002)

Mail Returned [1647−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 02/22/2002)

Mail Returned [1646−2] order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (Ref: all cases) (dw) (Entered: 02/22/2002)

Mail Returned [1648−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) Modified on 02/22/2002 (Entered: 02/22/2002)

1653 MINUTE ENTRY ( 2/21/02 ) Case reassigned to Judge Jay C. Zainey Section A ; by Judge Sarah S. Vance (REF: 69−2443) (vld) Modified on 02/22/2002 (Entered: 02/22/2002)

Mail Returned [1650−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) Modified on 02/26/2002 (Entered: 02/26/2002)

1654 MINUTE ENTRY ( 2/25/02 ) Pre−Trial Conference held 2/25/02 ; pre−trial preparation as stated herein; Evidentiary hearing will commence at 10:00 3/4/02 by Magistrate Judge Alma Chasez (ref: all cases) (dw) Modified on 05/03/2002 (Entered: 02/26/2002)

1655 Memo in opposition by dft City of New Orleans to motion regarding jail funding judgment filed by defendant Charles C Foti Jr (ref: all cases) (dw) (Entered:

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 42 of 68

02/27/2002
02/28/2002 03/01/2002
03/04/2002 03/04/2002
03/05/2002 03/06/2002
03/06/2002
03/06/2002 03/12/2002 03/12/2002

02/27/2002)

1662

MOTION by defendant Charles C Foti Jr to modify stipulation and consent judgment relative to housing of city prisoners, and request for status conference and evidentiary hearing and ORDER that a status conference is fixed for 3/4/02 at 2:00 at which time the Court may also fix a date for the requested evidentiary hearing and enter such discovery orders and cutoff dates as are appropriate in the premises by Magistrate Judge Alma L. Chasez Date signed: 3/4/02 (ref: all cases) (dw) (Entered: 03/06/2002)

Mail Returned [1651−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) Modified on 02/28/2002 (Entered: 02/28/2002)

1663

MOTION by defendant Charles C Foti Jr to further modify agreed entry on medical care (as previously amended) and reqeust for status conference and evidentiary hearing and ORDER that a status conf is fixed for 3/4/02 at 2:00 at which time the Court may also fix a date for the requested evidentiary hearing and enter such discovery orders and cutoff dates as are appropriate in the premises by Magistrate Judge Alma L. Chasez Date signed: 3/4/02 (ref: all cases) (dw) (Entered: 03/06/2002)

1660 ORDER referring to Magistrate Judge Alma Chasez dft Charles C. Foti's fifth motion for jail funding judgment [1658−1] by Judge Jay C. Zainey (ref: 69−2443) (dw) (Entered: 03/06/2002)

1656

SMOOTH MINUTES: Reported/Recorded by Betty DiMarco; evidentiary hearing held 3/4/02 ; notice for removal of exhibits to all counsel present; all present and ready; case called; witnesses sworn and testified; exhibits offered and admitted; Magistrate Judge ordered a copy of the transcript to be forwarded to Dr. Ostroski; Magistrate Judge ordered that the record reflect that there are no other individuals that have been injured as a result of the policy of Sheriff Charles C. Foti, except Mr. Shawn Duncan; Court adjourned. by Magistrate Judge Alma Chasez (Ref: 69−2443) (originally docketed 3/5/02) (jd) (Entered: 08/05/2003)

Mail Returned [1653−2] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: 69−2443) (dw) (Entered: 03/06/2002)

1661

MINUTE ENTRY ( 3/4/02 ) evidentiary hrg held 3/4/02; the court has ordered a copy of the transcript of this proceeding; upon receipt of the transcript, the court intends to furnish same to Dr. Howard Osofsky for purposes of his comments and report as stated herein; after receipt of Dr. Osofsky's report, counsel to file post hearing memorandums as stated herein; the matter will be taken under submission by the court at that time by Magistrate Judge Alma Chasez (dw) (Entered: 03/06/2002)

1664

MINUTE ENTRY ( 3/4/02 ) an evidentiary hearing is set at 10:00 10/7/02 and pre−trial conference set at 2:00 9/20/02 on dft Charles C. Foti's motion to modify the stipulation and consent judgment relative to housing of city prisoners; deadlines as stated herein; an evidentiary hearing is set at 10:00 12/2/02 and a pretrial conference is set at 2:00 11/18/02 on dft Charles C. Foti's motion seeking to modify the agreed entry on medical care ; deadlines as stated herein by Magistrate Judge Alma Chasez (ref: all cases) (dw) Modified on 03/06/2002 (Entered: 03/06/2002)

1665

MINUTE ENTRY ( 3/6/02 ) ORDERED that dft City of New Orleans motion to extend time in which to provide the interim payment to the Orleans Parish Criminal Sheriff [1649−1] is dismissed w/o prej at movant's request and dft Charles C Foti Jr's fifth motion for jail funding judgment [1658−1] is dismissed w/o prej at movant's request by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 03/07/2002)

1666 Transcript of evidentiary hearing held 3/4/02 before Magistrate Judge Alma L. Chasez (ref: 69−2332) (dw) (Entered: 03/13/2002)

Mail Returned [1654−4] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 03/13/2002)

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03/13/2002
03/14/2002 03/14/2002 03/14/2002 03/14/2002 03/18/2002 03/22/2002 03/22/2002 03/22/2002
03/27/2002 04/04/2002
04/08/2002 04/15/2002
04/17/2002 04/22/2002
04/25/2002
05/03/2002

1667 MINUTE ENTRY ( 3/12/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of February, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 03/13/2002)

Mail Returned [1660−1] order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: 69−2443) (dw) (Entered: 03/15/2002)

Mail Returned [1661−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 03/15/2002)

Mail Returned [1657−2] order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (dw) (Entered: 03/15/2002)

Mail Returned [1656−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (originally docketed 3/15/02) (jd) (Entered: 08/05/2003)

Mail Returned [1662−1] motion and order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 03/18/2002)

Mail Returned [1665−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 03/25/2002)

Mail Returned [1664−3] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 03/25/2002)

1668

Motion by plaintiffs and ORDER granting their motion that attorney William Patrick Quigley is local counsel; lead counsel is Mohamedu F. Jones; co−counsel is Eric Balaban; and that by leave of Magistrate Judge Alma Chasez, plas' counsel Richard Cook, Robin Schulberg and Giovanna Shay withdrew as counsel of record by Magistrate Judge Alma Chasez Date Signed: 3/25/02 (ref: all cases) (dw) (Entered: 03/27/2002)

Mail Returned [1667−1] minute entry addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (dw) (Entered: 03/27/2002)

1669 MINUTE ENTRY ( 4/3/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of March, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 04/04/2002)

Mail Returned [1663−1] order addressed to plaintiff Louis Hamilton's attorney Eric G. Balaban (ref: all cases) (dw) (Entered: 04/08/2002)

1670 Report of evaluation of medical care delivery system of Orleans Parish Prison January 20−22, 2002 and MOTION by plaintiffs for relief in the medical phase referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 5/15/02 (ref: all cases) (dw) (Entered: 04/16/2002)

1671 MINUTE ENTRY ( 4/16/02 ) oral argument on plas' motion for relief in the medical phase [1670−1] will be conducted at 11:00 5/15/02 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 04/17/2002)

1672 MOTION by plaintiffs for evidentiary hearing related to legal conflicts of interest of the court−appointed expert, Dr. Howard Osofsky referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 5/15/02 (ref: all cases) (dw) Modified on 04/22/2002 (Entered: 04/22/2002)

1673 MINUTE ENTRY ( 4/23/02 ) oral argument on pla's motion for evidentiary hearing related to legal conflicts of interest of the court−appointed expert, Dr. Howard Osofsky [1672−1] will be conducted at 11:00 5/15/02 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 04/25/2002)

1679 MINUTE ENTRY ( 5/30/02 ) plas' motion for attorneys' fees and costs [1676−1] will be heard at the time of the status conference previously SCHEDULED on 6/18/02 at 2:00 on the issue of prisoners' alleged participation in clinical trials by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 06/03/2002)

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05/08/2002 05/17/2002
05/29/2002 05/29/2002
06/03/2002 06/11/2002 06/17/2002 06/17/2002 06/17/2002 06/20/2002 06/21/2002 06/24/2002 06/24/2002 06/24/2002

1674 Memo in response by defendant Charles C Foti Jr to motion for relief in the medical phase [1670−1] filed by plaintiffs (ref: 69−2443) (dw) (Entered: 05/08/2002)

1675

MINUTE ENTRY ( 5/15/02 ) Hrg on plas' motion for relief in the medical phase [1670−1] − ruling as stated in the doc; A status conf will go forward 6/18/02 at 2:00 pm on the issue of prisoners' alleged participation in clinical trials; Dr. Inglese's employment status is to be reported to the Court, in writing by 5/17/02 Plas' motion for evidentiary hearing related to legal conflicts of interest of the court−appointed expert, Dr. Howard Osofsky [1672−1] is denied by Magistrate Judge Alma Chasez (REF: all cases) (gw) (Entered: 05/20/2002)

1676 MOTION by plaintiffs for attorneys' fees and costs referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 6/19/02 (ref: all cases) (dw) (Entered: 05/29/2002)

1677

Motion by plaintiffs for expedited hearing of their mtn for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA and ORDER denying same; the matter will be heard on 6/18/02 at 2:00 before the Magistrate by Magistrate Judge Alma Chasez Date Signed: 5/31/02 (ref: all cases) (dw) (Entered: 06/03/2002)

1678 MOTION by plaintiffs for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 2:00 6/18/02 (ref: all cases) (dw) (Entered: 06/03/2002)

1680 Memo in opposition by defendants to motion for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA [1678−1] filed by plaintiffs (ref: all cases) (dw) (Entered: 06/12/2002)

1681 Memo in opposition by defendant Charles C Foti Jr to motion for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA [1678−1] filed by plaintiffs (ref: 69−2443) (dw) (Entered: 06/17/2002)

1682 Memo in opposition by defendant NO City to motion for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA [1678−1] filed by plaintiffs (ref: all cases) (dw) (Entered: 06/18/2002)

1684 Motion by state defendants and ORDER that same are granted leave to file their supplemental reply brief in opposition to plas' mtn for partial sum jgm by Magistrate Judge Alma Chasez Date Signed: 6/21/02 (ref: all cases) (dw) (Entered: 06/24/2002)

1683 MINUTE ENTRY ( 6/18/02 ) the Court is in receipt of its monthly updates on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the months of April and May, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 06/21/2002)

1686 Motion by plaintiffs and ORDER granting same leave to file their reply brief in support of their mtn for partial sum jgm by Magistrate Judge Alma Chasez Date Signed: 6/24/02 (ref: all cases) (dw) (Entered: 06/25/2002)

1685 Supplemental Reply Brief by State Defendants to plas' reply brief in support of their [1678−1] motion for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA (ref: all cases) (dw) (Entered: 06/24/2002)

1687 Reply Brief by plaintiffs in support of their motion for partial summary judgment on the applicable cap on attorneys' fees pursuant to the provisions of the PLRA [1678−1] (ref: all cases) (dw) (Entered: 06/25/2002)

1688

Motion by State Defendants and ORDER that the Med Center of Louisiana at NO (Charity Hosp and University Hosp Campus) provide for inspection, on a continuing basis, the med records of the class action plas in the entitled and numbered action, said records to be limited to inspection by the State of Louisiana's legal representatives, Patricia Nalley Bowers of the law firm of Bowers &Bowers, and associates of said firm, Emily Morrison and Yvonne Chalker on

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 45 of 68

07/15/2002 07/15/2002 08/09/2002
08/15/2002 08/16/2002
08/19/2002 08/19/2002 08/20/2002
08/30/2002 08/30/2002 09/10/2002
09/16/2002 09/16/2002 09/16/2002 09/17/2002 09/18/2002 09/18/2002

those occasions when review of the records is requested by the Court and/or counsel for the plas by Magistrate Judge Alma Chasez (ref: 69−2443) (dw) (Entered: 06/25/2002)

1689 Preliminary Witness list submitted by defendant Charles C Foti Jr for jail funding and medical funding hearings (ref: all cases) (dw) (Entered: 07/15/2002)

1690 Preliminary Exhibit list by defendant Charles C Foti Jr for jail funding and medical funding hearings (ref: all cases) (dw) (Entered: 07/15/2002)

1691 MINUTE ENTRY ( 8/7/02 ) status conference held 6/18/02 ; filing deadlines as stated herein; evidentiary hearing on plas' motion for attorneys' fees and costs [1676−1] scheduled for 10:00 10/3/02 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 08/12/2002)

1692 Lists of witnesses and exhibits for the attorney's fee hearing scheduled October 3−4,2002 submitted by plaintiffs (ref: all cases) (dw) (Entered: 08/16/2002)

1693 MINUTE ENTRY ( 8/15/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of July, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 08/19/2002)

1694 Preliminary Witness and Exhibit list for 10/3/02 hearing on attorney's fees submitted by defendant Charles C Foti Jr (ref: all cases) (dw) (Entered: 08/19/2002)

1695 Preliminary Witness and Exhibit list submitted by defendant NO City (ref: all cases) (dw) (Entered: 08/20/2002)

1696

State dfts' preliminary witness and exhibit list for hearing on plas' ninth motion for attorney's fees and costs set for hearing on 10/3/02 filed by defendants Mike Foster, Governor of the State of Louisiana; Richard Stalder, Secretary of the Louisiana Department of Public Safety and Corrections; and David Hood, Secretary of the Louisiana Department of Health and Hospitals (ref: all cases) (dw) (Entered: 08/21/2002)

1697 Preliminary Exhibit list for hearings on medical funding and housing by state defendants (ref: 69−2443) (dw) (Entered: 09/03/2002)

1698 Preliminary Witness list for hearings on medical funding and housing submitted by state defendants (ref: 69−2443) (dw) (Entered: 09/03/2002)

1699 Motion by plaintiffs and ORDER that plas' mtn to extend the deadline for filing their post 3/4/02 hrg brief in the mental health phase until 9/30/02 is granted by Magistrate Judge Alma Chasez Date Signed: 9/11/02 (ref: 69−2443) (dw) (Entered: 09/12/2002)

1700 Final Witness and Exhibit list submitted by defendant NO City (all cases) (dw) (Entered: 09/17/2002)

1701 Statement of issues related to the attorney's fee hrg scheduled for 10/3/02 by plaintiffs (ref: all cases) (dw) (Entered: 09/17/2002)

1702 Motion by plaintiffs and ORDER granting their mtn for leave to file supplement to their 5/24/02 attorney's fee petition by Magistrate Judge Alma Chasez Date Signed: 9/17/02 (ref: all cases) (dw) (Entered: 09/18/2002)

1704 Motion by plaintiffs and ORDER that their mtn for leave to re−file their list of issues is granted by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 09/18/2002)

1703 Supplement by plaintiffs to their 5/24/02 [1676−1] petition for attorney's fees and costs (ref: all cases) (dw) (Entered: 09/18/2002)

1705 Statement of issues related to the attorney's fee hearing scheduled for 10/3/02 by plaintiffs (ref: all cases) (dw) (Entered: 09/18/2002)

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09/18/2002 09/20/2002 09/23/2002 09/24/2002
09/30/2002 09/30/2002
09/30/2002 09/30/2002 10/02/2002 10/08/2002 10/09/2002 10/17/2002
10/28/2002 11/04/2002 11/07/2002 11/08/2002 11/12/2002

1706 Corrected Copy of witnesses and exhibits for the attorney's fee hrg scheduled October 3−4, 2002 submitted by plaintiffs (ref: all cases) (dw) (Entered: 09/18/2002)

1709 Motion by defendant NO City of and ORDER that same is granted a continuance and modification of scheduling order by Magistrate Judge Alma Chasez Date Signed: 9/24/02 (ref: 69−2443) (dw) (Entered: 09/27/2002)

1707 CERTIFICATE by plaintiffs of counsel's consent to supplement their 5/24/02 petition for attorney's fees scheduled for hrg on 10/3/02 (ref: 69−2443) (dw) (Entered: 09/24/2002)

1708

MINUTE ENTRY ( 9/20/02 ) status conf held 9/20/02 ; plas' motion for attorneys' fees and costs [1676−1] is continued; the Court is to be notified by 9/25/02 by all counsel as to which dates are convenient to reset the matter ; the evidentiary hearing scheduled for 10/7/02 is continued to 10:00 3/27/03 ; the non−jury trial scheduled for 12/2/02 is continued to 10:00 3/31/03 ; a final pre−trial conference is set for 2:00 3/12/03 ; all discovery deadlines are extended to reflect these new trial and pretrial dates by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 09/24/2002)

1711 Notice of Erratum by plaintiffs regarding their post hrg memo filed on 9/26/02 (ref: all cases) (dw) (Entered: 10/01/2002)

1713 Motion by plaintiffs and ORDER that their mtn for judicial notice of Orleans Parish Prison's medical restraints and therapeutic seclusion policies procedures is granted by Magistrate Judge Alma Chasez Date Signed: 10/2/02 (ref: all cases) (dw) (Entered: 10/07/2002)

1761 Motion by plaintiffs and ORDER granting their mtn for expedited hrg on their mtn for advance on attys' fees by Magistrate Judge Alma Chasez (REF ALL CASES) (ca) (Entered: 04/04/2003)

1710 Post Hearing Memorandum by plaintiffs regarding evidentiary hearing of 3/4/02 [1656−1] (ref: all cases) (originally docketed 10/1/02) (jd) (Entered: 08/05/2003)

1712 MINUTE ENTRY ( 10/1/02 ) the evidentiary hrg on plas' motion for attorneys' fees and costs [1676−1] is rescheduled for 11/20/02 and 11/21/02 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 10/02/2002)

1714 Memo in opposition by defendant Charles C Foti Jr to mtn for advance on attorney's fees filed by plaintiffs (ref: 69−2443) (dw) (Entered: 10/09/2002)

1715 Memo in opposition by defendant NO City to mtn for advance on attorneys' fees filed by plaintiffs (ref: 69−2443) (dw) (Entered: 10/09/2002)

1716 MINUTE ENTRY ( 10/15/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of August, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 10/17/2002)

1717 Revised and updated schedules of fees and expenses related to their petition for attorneys' fees scheduled for hrg 11/20/02 by plas (ref: all cases) (dw) (Entered: 10/29/2002)

1718 Post Hearing Memorandum by defendant Charles C Foti Jr regarding [1661−1] evidentiary hearing of 3/4/02 (ref: 69−2443) (dw) (Entered: 11/04/2002)

1719 Final Witness and Exhibit List submitted by state defendants in opposition to plas' ninth mtn for attorneys' fees and costs (ref: all cases) (dw) (Entered: 11/07/2002)

1720 Revised Witness and Exhibit List for the 11/20/02 attorneys' fee hearing submitted by defendant NO City (ref: all cases) (dw) (Entered: 11/12/2002)

1721 Parties' Joint Statement of issues related to the attorney's fees hearing scheduled for November 20−21, 2002 filed through plas' counsel (ref: all cases) (dw) (Entered: 11/13/2002)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 47 of 68

11/13/2002
11/18/2002 11/20/2002
11/21/2002 12/03/2002 12/19/2002
12/23/2002
12/30/2002
12/31/2002 12/31/2002 01/10/2003 01/14/2003 01/15/2003 01/17/2003
01/17/2003
01/24/2003

1722

MINUTE ENTRY ( 11/7/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the months of September and October, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 11/13/2002)

1723 Final Witness &Exhibit list for 11/20/02 hearing on atty's fees submitted by defendant Charles C Foti Jr (Ref: All cases) (jd) (Entered: 11/19/2002)

1724

SMOOTH MINUTES: Reported/Recorded by Bonnie Hebert; evidentiary hearing held re plas' motion for attorneys' fees and costs [1676−1]; case called; all present and ready; exhibits admitted; witnesses sworn; plas rest; dfts will file briefs by 1/10/03; plas will file reply briefs by 1/24/03 at which time this matter will be taken under submission; Court adjourned. by Magistrate Judge Alma Chasez (ref: 69−2443) (originally docketed 11/21/02) (jd) (Entered: 08/05/2003)

1725 Revised Witness and Exhibit list for the attorney's fee hrg scheduled 11/20/02 submitted by plaintiffs (ref: all cases) (dw) (Entered: 11/22/2002)

1726 Transcript of evidentiary hrg held 11/20/02 before Mag Judge Alma Chasez (REF: 69−2443) (gw) (Entered: 12/04/2002)

1727 MINUTE ENTRY ( 12/17/02 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of November, 2002 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 12/19/2002)

1728 MOTION by plaintiffs for relief and enforcement of agreed entry on medical care provisions governing chronic health care and infectious diseases referred to Magistrate Judge Alma Chasez to be heard magistrate at 11:00 1/22/03 (Ref: All Cases) (jd) (Entered: 12/23/2002)

1729 MINUTE ENTRY ( 12/30/02 ) Oral argument on plas' motion for relief and enforcement of agreed entry on medical care provisions governing chronic health care and infectious diseases [1728−1] will be conducted at 11:00 1/22/03 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 12/31/2002)

1730 Preliminary Exhibit list by defendant Charles C Foti Jr for jail funding and medical funding hearings (ref: all cases) (dw) (Entered: 01/02/2003)

1731 Preliminary Witness list submitted by defendant Charles C Foti Jr for jail funding and medical funding hearings (ref: all cases) (dw) (Entered: 01/02/2003)

1732 Memo in opposition by defendant NO City to motion for attorneys' fees and costs [1676−1] filed by plaintiffs (ref: 69−2443) (dw) (Entered: 01/10/2003)

1733 Memo in opposition by state defendants to ninth motion for attorneys' fees and costs [1676−1] filed by plaintiffs (ref: all cases) (dw) (Entered: 01/15/2003)

1734 Post−Hearing Memorandum by defendant Charles C Foti Jr regarding [1676−1] plas' ninth motion for attorneys' fees and costs (ref: 69−2443) (dw) (Entered: 01/15/2003)

1735 Motion by defendant Charles C Foti Jr and ORDER for expedited hrg on his 6th mtn for Jail Funding jgm; an evidentiary hrg will be held at 10:00 on 1/30/03 bfr Mag Judge Chasez by Magistrate Judge Alma Chasez Date Signed: 1/23/03 (REF: ALL CASES) (bc) (Entered: 01/27/2003)

1736 Sixth MOTION by defendant Charles C Foti Jr for jail funding judgment referred to Magistrate Judge Alma Chasez; evidentiary hrg to be held before Mag Judge at 10:00 1/30/03 (REF: ALL CASES) (bc) Modified on 07/31/2003 (Entered: 01/27/2003)

1737

MINUTE ENTRY ( 1/22/03 ) hrg held on plas' [1728−1] motion for relief and enforcement of agreed entry on medical care provisions governing chronic health care and infectious diseases; the Court will call upon Dr. Hamrick to conduct an investigation; a status conf will be sched upon receipt of Dr. Hamrick's report; if that report proves to be adverse to the Sheriff, an evidentiary hrg will be sched, however, if the report is favorable to the Sheriff &plas still desire an evidentiary

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 48 of 68

01/29/2003 01/30/2003 01/30/2003
02/03/2003 02/03/2003 02/03/2003 02/05/2003
02/11/2003 02/12/2003 02/24/2003 02/25/2003 02/26/2003 02/27/2003 03/10/2003

hrg, they do so at the risk of not being considered "prevailing ptys"; plas may retain their own expert to opine on the issue at their own expense by Magistrate Judge Alma Chasez (REF: ALL CASES) (bc) (Entered: 01/27/2003)

1738 Response by defendant NO City to motion for jail funding judgment [1736−1] filed by defendant Charles C Foti Jr (ref: 69−2443) (dw) (Entered: 01/29/2003)

1740 City of New Orleans' witness &Exhibit list for 3/27 &3/31/03 hrgs (REF: ALL CASES) (bc) (Entered: 01/31/2003)

1739

SMOOTH MINUTES: Reported/Recorded by Dee Malouse; Evidentiary hrg held on dft Charles C Foti's motion for jail funding judgment [1736−1]; Dft Foti's witness sworn &testified; Dft Foti's exhibits admitted; Dft Foti rests, Dft City of NO rests; The Court will defer ruling &hold this matter open; A Status Conf by telephone is set for 2/5/03 at 10:30am; Court recesses. by Magistrate Judge Alma Chasez (REF: 69−2443) (originally docketed 1/30/03) (jd) (Entered: 08/05/2003)

1741 MINUTE ENTRY ( 1/30/03 ) an evidentiary hrg was held on dft Sheriff Foti's sixth mtn for jail funding jgm on 1/30/03; a telephone status conf regarding the mtn will be held at 10:30 2/5/03 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 02/03/2003)

1743 Motion by defendant NO City and ORDER that Charles L. Rice, Jr. is granted leave to appear and particpate as co−counsel on behalf of same by Magistrate Judge Alma Chasez Date Signed: 2/6/03 (ref: 69−2443, 90−4560, 98−2889) (dw) (Entered: 02/07/2003)

1744 Motion by defendant NO City and ORDER that the mtn of same to substitute David S. Landry in place of William Dunn is granted by Magistrate Judge Alma Chasez Date Signed: 2/6/03 (ref: 69−2443, 90−4560, 98−2889) (dw) (Entered: 02/07/2003)

1742

MINUTE ENTRY ( 2/4/03 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports from John F. Weeks and Clay Calhoun; these reports are for the month of December, 2002 and January, 2003 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 02/05/2003)

1745 MINUTE ENTRY ( 2/6/03 ) telephonic status conference held 2/6/03 ; the Court herewith marks the motion in question, dft Charles C Foti Jr's motion for jail funding judgment [1736−1], MOOT by Magistrate Judge Alma Chasez (ref: all cases) (dw) Modified on 02/11/2003 (Entered: 02/11/2003)

1746 Reply Brief by plaintiffs in support of their motion for attorneys' fees and costs [1676−1] (ref: all cases) (dw) (Entered: 02/12/2003)

1747 MOTION by defendant Charles C Foti Jr in limine to prohibit testimony of Jacqueline Moore referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 3/12/03 (ref: all cases) (dw) (Entered: 02/24/2003)

1748 MOTION by defendant Charles C Foti Jr for protective order referred to Magistrate Judge Alma Chasez to be heard before Magistrate Judge at 11:00 3/12/03 (ref: all cases) (dw) (Entered: 02/25/2003)

1749 MINUTE ENTRY ( 2/25/03 ) Oral argument on dft Charles C. Foti Jr.'s motion in limine to prohibit testimony of Jacqueline Moore [1747−1] will be conducted at 2:00 3/12/03 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 02/26/2003)

1750 MINUTE ENTRY ( 2/26/03 ) oral argument on dft Charles C Foti Jr's motion for protective order [1748−1] will be conducted at 2:00 3/12/03 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 02/27/2003)

1751

MINUTE ENTRY ( 3/7/03 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying reports form John F. Weeks and Clay Calhoun; these reports are for the months of January and February, 2003 by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 03/10/2003)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 49 of 68

03/18/2003 03/19/2003 03/19/2003 03/19/2003 03/19/2003 03/19/2003 03/19/2003 03/19/2003 03/28/2003
03/31/2003
04/04/2003 04/04/2003 04/07/2003
04/15/2003
05/20/2003
05/20/2003
05/20/2003

1759 Motion by defendant NO City and ORDER that Roy J. Rodney, Jr. is permitted to withdraw as co−counsel of record for same by Magistrate Judge Alma Chasez Date Signed: 3/25/03 (ref: all cases) (dw) (Entered: 03/26/2003)

1752 Notice of Deposition by dft New Orleans City of Sheriff Charles C. Foti, Jr. on 03/26/03 (REF: 90−4560) (ca) Modified on 03/20/2003 (Entered: 03/20/2003)

1753 Notice of Deposition by dft New Orleans City of Dr. Michael Higgins on 03/26/03 (REF: 90−4560) (ca) Modified on 03/20/2003 (Entered: 03/20/2003)

1754 Notice of Deposition by dft New Orleans City of Dr. Richard Inglese on 03/26/03 (REF: 90−4560) (ca) Modified on 03/20/2003 (Entered: 03/20/2003)

1755 Notice of Deposition by New Orleans City of Dr. Ronald Shansky on 03/24/03 (REF: 90−4560) (ca) (Entered: 03/20/2003)

1756 Notice of Deposition by New Orleans City of Fannie Harris on 03/20/03 (REF: 90−4560) (ca) (Entered: 03/20/2003)

1757 Notice of Deposition by New Orleans City of George Camp on 03/20/03 (REF: 90−4560) (ca) (Entered: 03/20/2003)

1758 Amended Notice of Deposition by New Orleans City of Orleans Parish Criminal Sheriff on 03/19/03 (REF: 90−4560) (ca) (Entered: 03/20/2003)

1760

MINUTE ENTRY ( 3/28/03 ) ORDERED that dft Charles C Foti Jr's motion to modify stipulation and consent judgment relative to housing of city prisoners, and request for status conference and evidentiary hearing [1662−1] and dft Charles C Foti Jr's motion to further modify agreed entry on medical care (as previously amended) and reqeust for status conference and evidentiary hearing [1663−1] are dismissed as moot; the parties settled the issues pertaining to these motions by Magistrate Judge Alma Chasez (ref: all cases) (dw) (Entered: 03/28/2003)

1764

MINUTE ENTRY ( 03/31/03 ) ORDERED plas' mtn for expedited hrg of their mtn for Partial Sum Jgm on the applicable Cap on Attys' Fees Pursuant to the Provisions of the PLARA is dismissed w/o prej. The Court will consider this mtn in connection w/ the underlying mtn for atty's fees under submission by Magistrate Judge Alma Chasez (REF ALL CASES) (ca) (Entered: 04/04/2003)

1762 MOTION by plaintiffs for advance on attorneys' fees referred to Magistrate Judge Alma Chasez to be before Mag Judge no hrg date set (REF ALL CASES) (ca) (Entered: 04/04/2003)

1763 Motion by defendant NO City of for expedited hrg on its mnt to cont med funding hrg and ORDER DENYING SAME by Magistrate Judge Alma Chasez (REF: 90−4560) (ca) (Entered: 04/04/2003)

1765 MINUTE ENTRY ( 04/03/03 ) ordered that dft Charles C. Foti, Jr's motion for protective order [1748−1] and motion in limine prohibit testimony of Jacqueline Moore [1747−1] are DISMISSED AS MOOT by Magistrate Judge Alma Chasez (REF ALL CASES) (ca) (Entered: 04/07/2003)

1766 MINUTE ENTRY ( 04/14/03 ) the Court is in receipt of its monthly update on the individuals listed in the attached letters and accompanying rpts from John F.Weeks and Clay Calhoun. These rpts are for the months of February and March, 2003 by Magistrate Judge Alma Chasez (REF ALL CASES) (ca) (Entered: 04/15/2003)

1767 MINUTE ENTRY ( 5/20/03 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F. Weeks &Clay Calhoun; These reports are for the month of April 2003 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 05/20/2003)

1768 Motion by plaintiffs and ORDER for leave to file a suppl memo in connection with their mtn for evidentiary hrg filed 9/24/01 &mtn for atty's fees &costs filed 3/24/02 by Magistrate Judge Alma Chasez Date Signed: 5/20/03 (REF: all cases) (gw) (Entered: 05/21/2003)

1769 Supplemental memorandum by plaintiffs in support of their [1629−1] motion for an evidentiary hearing &[1676−1] motion for attorneys' fees and costs. (REF: all

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 50 of 68

06/13/2003 07/07/2003 07/10/2003 07/28/2003 08/06/2003 08/06/2003 08/18/2003
08/26/2003
09/16/2003 09/26/2003
10/27/2003

cases) (gw) (Entered: 05/21/2003)

1770 MINUTE ENTRY ( 6/11/03 ) The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompany reports from John F. Weeks &Clay Calhoun; these reports are for the month of 5/03 by Magistrate Judge Alma Chasez (REF: All Cases) (nn) (Entered: 06/16/2003)

1771 MOTION by plaintiffs Louis Hamilton, Floyd Domino, Edwin Brown for relief &enforcement of this Court's order of 6/5/92 referred to Magistrate Judge Alma Chasez to be heard before Mag at 11:00 8/13/03 (REF: all cases) (gw) (Entered: 07/07/2003)

1772 MINUTE ENTRY (07/08/03) setting plas' motion for relief &enforcement of this Court's order of 6/5/92 [1771−1] at 2:00 8/14/03 w/oral argument by Magistrate Judge Alma Chasez (REF ALL CASES) (dmg) (Entered: 07/10/2003)

1773 MINUTE ENTRY ( 7/24/03 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F Weeks &Clay Calhoun; These reports are for the month of June, 2003 by Magistrate Judge Alma Chasez (REF: all cases) (gw) (Entered: 07/28/2003)

1774 Memo in opposition by defendant Charles C Foti Jr to motion for relief &enforcement of this Court's order of 6/5/92 [1771−1] filed by plas Louis Hamilton, Floyd Domino &Edwin Brown (REF: all cases) (gw) (Entered: 08/07/2003)

1775 Memo in opposition by dft New Orleans City to motion for relief &enforcement of this Court's order of 6/5/92 [1771−1] regarding medical fees filed by plaintiffs Louis Hamilton, Floyd Domino, Edwin Brown. (REF: 69−2443) (gw) Modified on 09/15/2003 (Entered: 08/08/2003)

1776

MINUTE ENTRY ( 8/15/03 ) A status conf was conducted on 8/14/03 on the motion filed by pla for relief &enforcement of this Court's order of 6/5/92 [1771−1]; By 8/21/03, the Sheriff is to advise the Court &the ptys as to the specific services for which all inmates, whether city, state or federal, are charged &the amount the money collected for each such svc as stated herein; Thereafter, by 10/6/03, plas are to file a suppl memo indicating the manner in which these activities violate the mandate of the 5th Circuit in Myers v. Klevenhagen, 97 F.3d 91 (5th Cir. 1966) as stated herein; Dfts shall have until 11/10/03 to reply to any memo filed by plas; The Court will decide the matter on memo, unless one of the ptys requests further oral argument by Magistrate Judge Alma Chasez (REF: all cases) (gw) (Entered: 08/18/2003)

1777

MINUTE ENTRY ( 8/22/03 ) The Court is in receipt of a ltr dated 8/21/03 from Mr. Weeks, attached hereto, setting forth info pertaining to the medical co−payment plan at the Orleans Parish Prison; If plas' counsel has specific questions which as yet remain unanswered &which impact plas' ability to generate memo as anticipated, the Court &all ptys are to be notified by 8/29/03 so that a status conf may be set up by Magistrate Judge Alma Chasez (REF: all cases) (gw) (Entered: 08/28/2003)

1778 MINUTE ENTRY ( 9/12/03 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F. Weeks &Clay Calhoun; These reports are for the month of July 2003 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 09/16/2003)

1779

Report and Recommendation by Magistrate Judge Alma Chasez recommending that counsel for plas be awarded the sum of $68,289.60 in legal fees &$12,523.31 in expenses in connection with the pending fee application to be paid in the entirely by Sheriff Charles C. Foti, Jr.; FURTHER RECOMMENDED that counsels' req for fees &expenses in connection with the issues pertaining to use of restraints, the Hepatitis−C issue &the inmate co−pay issue be dismissed w/o prej Date Signed: 9/25/03 Date of Mailing: 9/26/03. (REF: all cases) (gw) Modified on 09/26/2003 (Entered: 09/26/2003)

1780 ORDER adopting Mag Judge's report &recommendation [1779−1]; ORDERED that counsel for plas are awarded the sum of $68,289.60 in legal fees &$12,523.31

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 51 of 68

11/12/2003 12/15/2003
12/18/2003
12/22/2003 12/24/2003
01/21/2004 02/02/2004 02/03/2004 02/27/2004 03/11/2004 03/15/2004 03/18/2004

in expenses in connection with the pending fee application, to be paid in the entirety by Sheriff Charles C. Foti, Jr.; FURTHER ORDERED that counsels' req for fees &expenses in connection with the issues pertaining to use of restaints, the Hepatitis−C issue &the inmate co−pay issue are dismissed w/o prej by Judge Jay C. Zainey Date Signed: 10/25/03. (REF: all cases) (gw) (Entered: 10/27/2003)

1781 MINUTE ENTRY ( 11/10/03 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F. Weeks &Clay Calhoun; These reports are for the months of August &September 2003 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 11/13/2003)

1782

MOTION by plaintiffs requesting issuance of RRrelated to their 4/19/02 mtn in respect to legal conflicts of interest of the Court−appointed expert, Dr. Howard Osofsky referred to Magistrate Judge Alma Chasez to be heard before Mag Judge at 11:00 1/7/04 (REF ALL CASES) (ca) Modified on 12/15/2003 (Entered: 12/15/2003)

1783

MINUTE ENTRY ( 12/16/03 ) Hrg held on plas' motion requesting issuance of RRrelated to their 4/19/02 mtn in respect to legal conflicts of interest of the Court−appointed expert, Dr. Howard Osofsky [1782−1]; ORDERED dismissed as moot, The Court denied plas' mtn on 5/15/02 &provided reasons for that denial on 9/25/03 (Rec. Docs. 1675, 1779 p. 7) by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 12/18/2003)

1784 MINUTE ENTRY ( 12/19/03 ) The Court is in receipt of its monthly update on the individual listed in the attached ltrs &accompanying reports from John F. Weeks &Clay Calhoun; These reports are for the month of October 2003 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 12/22/2003)

1785

Report and Recommendation by Magistrate Judge Alma Chasez recommending that the inj relief sought by plas pertaining to the restraint policy utilized on the psychiatric unit of the Orleans Parish Prison be denied; Date Signed: 12/23/03 Date of Mailing: 12/24/03. (REF: all cases) (gw) Modified on 01/12/2004 (Entered: 12/24/2003)

1786 ORDER adopting Mag Judge's report &recommendation [1785−1]; ORDERED that the injunctive relief sought by plas pertaining to the restraint policy utilized on the psychiatric unit of the OPP is denied by Judge Jay C. Zainey Date Signed: 1/20/04. (REF: all cases) (gw) Modified on 01/21/2004 (Entered: 01/21/2004)

1787 MINUTE ENTRY (2/2/04) plaintiffs' motion for advance on attorneys' fees [1762−1] is DISMISSED as MOOT in light of doc #1779 by Magistrate Judge Alma Chasez (REF ALL CASES) (dmg) (Entered: 02/03/2004)

1788 MINUTE ENTRY ( 2/2/04 ) Plas' motion for relief &enforcement of this Court's order of 6/5/92 [1771−1] is dismissed w/o prej for failure to prosecute by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 02/04/2004)

1789 MOTION by plaintiff Louis Hamilton, plaintiff Floyd Domino, plaintiff Edwin Brown for attorney's fees &costs referred to Magistrate Judge Alma Chasez to be heard before Mag Judge Chasez at 11:00 3/17/04 (REF ALL CASES) (plh) (Entered: 03/01/2004)

1790 MINUTE ENTRY (3/11/04) a telephone status conf is set for 4:00 3/15/04 to select a hrg date on plas' mtn for attys' fees, by Magistrate Judge Alma Chasez (Ref: all cases) (sek) Modified on 03/12/2004 (Entered: 03/12/2004)

1792 Motion by plaintiffs Louis Hamilton, Floyd Domino &Edwin Brown and ORDER withdrawing attorney Mohamedu F. Jones by Magistrate Judge Alma Chasez Date Signed: 3/16/04. (REF: all cases) (gw) (Entered: 03/23/2004)

1791

MINUTE ENTRY ( 3/15/04 ) A Conference was conducted this date to set a date for a hrg on plas Louis Hamilton, Floyd Domino, &Edwin Brown's motion for attys' fees; deadlines set forth herein; Counsel for pla Ms. Alexander shall file a motion to enroll &substitute herself as counsel and further designate herself as trial counsel as soon as possible by Magistrate Judge Alma Chasez (REF ALL CASES) (ca) (Entered: 03/19/2004)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 52 of 68

03/29/2004 04/09/2004 04/19/2004 04/19/2004 04/19/2004 04/20/2004
04/20/2004 04/21/2004
04/22/2004 04/26/2004
04/27/2004
04/29/2004 05/03/2004 05/03/2004 05/04/2004 05/07/2004 05/13/2004

1793 Motion by plaintiffs Louis Hamilton, Floyd Domino, Edwin Brown and ORDER for attorney Elizabeth R. Alexander to appear pro hac vice by Magistrate Judge Alma Chasez Date Signed: 3/30/04. (REF: all cases) (gw) (Entered: 04/01/2004)

1794 MINUTE ENTRY ( 4/7/04): a status conference is scheduled before Mag Judge Chasez at 1:00 4/16/04 by Magistrate Judge Alma Chasez (REF ALL CASES) (plh) (Entered: 04/09/2004)

1795 Statement of contested issues of fact &law by New Orleans City to be decided in connection with plas' tenth fee application. (REF: 69−2443) (gw) (Entered: 04/20/2004)

1796 Statement of contested issues of fact &law to be decided in connection with plas' tenth fee application. (REF: 69−2443) (gw) (Entered: 04/20/2004)

1801 CORRECTED MOTION by plaintiffs Louis Hamilton, Floyd Domino, Edwin Brown for attorneys' fees &costs referred to Magistrate Judge Alma Chasez to be heard before Mag; no hrg date set. (REF: all cases) (gw) (Entered: 04/27/2004)

1797 MINUTE ENTRY ( 4/16/04 ) Court herewith relieves Dr. Howard Osofsky from further obligations of monitoring the mental health services at the Orleans Parish Prison as stated in the doc by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 04/20/2004)

1799 Statement by plaintiffs of issues related to the attys' fees hrg scheduled for 8/27/04 (REF ALL CASES) (lg) Modified on 04/21/2004 (Entered: 04/21/2004)

1798

MINUTE ENTRY ( 4/16/04 ) Status Conf held 1:00 4/16/04 ; Dr. Inglese and/or his counsel are ordered to pay $1,000.00 in sanctions to the Court by 6/1/04; Court advised that the psychiatric aspect of this litigation will be closed from further litigation, w/the exception of consideration of the adequacy of housing &staffing at the Sheriff's new facility as set forth in document by Magistrate Judge Alma Chasez (REF 69−2443) (lg) (Entered: 04/21/2004)

1800 Motion by plaintiffs Louis Hamilton, Floyd Domino &Edwin Brown and ORDER to allow Elizabeth Alexander appear as trial atty is granted by Magistrate Judge Alma Chasez Date Signed: 4/26/04. (REF: all cases) (gw) (Entered: 04/27/2004)

1802 Motion by plaintiffs Louis Hamilton, Floyd Domino &Edwin Brown and ORDER that the mtn for attys' fees &costs together with attachments sent to the Court on 4/16/04 is accepted for filing in the record by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 04/28/2004)

1803 MINUTE ENTRY ( 4/27/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from John F Weeks; These reports are for the month of December 2003 &March 2004 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 04/28/2004)

1805 MOTION by plaintiffs to reconsider M.E. of 4/20/04 &4/21/04 referred to Magistrate Judge Alma Chasez to be heard before Mag on 6/9/04 &req for oral argument. (REF: all cases) (gw) (Entered: 05/04/2004)

1804 Witness list submitted by movant New Orleans City. (REF: 69−2443) (gw) (Entered: 05/04/2004)

1806 MINUTE ENTRY ( 4/29/04 ) Oral argument on plas' mtn to reconsider M.E. of 4/20/04 &4/21/04 will be conducted on 6/9/04 at 11:00 am by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 05/04/2004)

1807 Witness &exhibit list submitted by plaintiff Louis Hamilton for the hrg on plas' mtn for fees &costs 8/27/04. (REF: all cases) (gw) (Entered: 05/04/2004)

1809 Witness &exhibit list for 8/27/04 hrg on atty's fees submitted by defendant William C Hunter. (REF: all cases) (gw) (Entered: 05/17/2004)

(Utility Event) Substituting party(s): terminating Charles C Foti in 2:69−cv−02443, adding William C Hunter to case(s) 2:69−cv−02443, (gw) (Entered: 05/17/2004)

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 53 of 68

05/13/2004 05/21/2004 05/27/2004
06/01/2004 06/04/2004 06/07/2004 06/10/2004 06/10/2004
06/10/2004 06/14/2004 06/21/2004 06/22/2004 06/24/2004 06/24/2004

1808 Motion by defendant William C Hunter and ORDER to substitute himself in place of former Orleans Parish Criminal Sheriff Charles C Foti Jr by Magistrate Judge Alma Chasez Date Signed: 5/14/04. (REF: 69−2443) (gw) (Entered: 05/17/2004)

1810 MINUTE ENTRY ( 5/20/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltr &accompanying report from Clay Calhoun; This report is for the period of 12/19/03 through 5/7/04 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 05/21/2004)

1811

MINUTE ENTRY ( 5/26/04 ) Court is in receipt of communication from counsel from the Sheriff indicating possible mis−communications between the medical dept at the jail &personnel at the Medical Center of LA; The ptys &their respective counsel are ordered to meet in an attempt to resolve their differences by 6/9/04; Should issues remain unsolved after that meeting, the Court is to be notified so that a status conf can be set up with the ptys; if all issues are resolved, the Court is also to be notified that such is the case with 72 hours of the time the meeting referenced above occurs by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 05/28/2004)

1812 Memo in opposition by defendant William C Hunter to motion to reconsider M.E. of 4/20/04 &4/21/04 [1805−1] filed by plaintiffs (REF ALL CASES) (lg) (Entered: 06/01/2004)

1813 MOTION by plaintiffs to compel production referred to Magistrate Judge Alma Chasez to be heard before Mag on 6/30/04. (REF: all cases) (gw) (Entered: 06/07/2004)

1814 MOTION by plaintiffs to shorten the time period for discovery responses referred to Magistrate Judge Alma Chasez to be heard before Mag on 6/30/04. (REF: 69−2443) (gw) (Entered: 06/07/2004)

1815 MINUTE ENTRY ( 6/9/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltr &accompanying report from Clay Calhoun; This report is for the months of April &May 2004 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 06/10/2004)

1816

MINUTE ENTRY ( 6/9/04 ) Hrg held on plas'motion to reconsider M.E. of 4/20/04 &4/21/04 [1805−1]; ORDERED that the Court clarifies its M.E. of 4/16/04 to indicate that the psychiatric aspect of this case is being administratively closed as stated in the doc by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 06/10/2004)

1817 MINUTE ENTRY ( 6/9/04 ) A Status Conf involving transfer of psychiatric prisoner's from OPP to a state facility is scheduled for 9/7/04 at 2:00 pm ; Ms. Bowers' client representative shall be present to provide an update at that time by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 06/10/2004)

1818 MINUTE ENTRY ( 6/9/04 ) Oral argument on plas' motion to compel production [1813−1] &plas' motion to shorten the time period for discovery responses [1814−1] will be heard on 6/30/04 at 11:00 am by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 06/14/2004)

1820 Motion by plaintiffs Louis Hamilton, Floyd Domino &Edwin Brown and ORDER to allow Eric G. Balaban to appear as trial atty by Magistrate Judge Alma Chasez Date Signed: 6/21/04. (REF: all cases) (gw) (Entered: 06/23/2004)

1819 Memo in opposition by defendant William C Hunter to motion to compel production [1813−1] &motion to shorten the time period for discovery responses [1814−1] filed by plaintiffs. (REF: 69−2443) (gw) (Entered: 06/22/2004)

1821 Witness &exhibit list submitted by movants Kathleen Babineaux Blanco, Richard Stalder &Fred Cerise in opp to plas' 10th mtn for attys' fees &costs set for hrg on 8/27/04. (REF: all cases) (gw) (Entered: 06/28/2004)

1822 List of issues by movants Kathleen Babineaux Blanco, Richard Stalder &Fred Cerise. (REF: all cases) (gw) (Entered: 06/28/2004)

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06/24/2004 06/24/2004 06/29/2004 07/08/2004 07/16/2004 07/16/2004
08/13/2004 08/31/2004 09/29/2004 10/12/2004 10/13/2004
10/18/2004
10/29/2004 10/29/2004

1824 Motion by Kathleen Babineaux Blanco, Richard Stalder &Fred Cerise to deny plas' mtn to compel discovery and ORDER − see M.E. dated 7/15/04 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 07/16/2004)

1827 MOTION by Kathleen Babineaux Blanco, Richard Stalder &Fred Cerise for specificity &ORDER to be heard on 7/14/04 to argue its merits, that being same date that the undersigned Judge will hear plas' mtn to compel prod by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 07/16/2004)

1823 MINUTE ENTRY ( 6/28/04 ) Hrg on plas' motion to compel production [1813−1] &plas' motion to shorten the time period for discovery responses [1814−1]; ORDERED cont to 7/14/04 at 11:00 am by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 06/30/2004)

1825 Motion by plaintiffs and ORDER that exp hrg on its mtn to compel prod filed on 7/7/04 will be considered at the 7/14/04 hrg already scheduled in this case by Magistrate Judge Alma Chasez Date Signed: 7/14/04. (REF: all cases) (gw) (Entered: 07/16/2004)

1826 MOTION by plaintiffs to compel prod referred to Magistrate Judge Alma Chasez to be heard before Mag on 7/14/04. (REF: all cases) (gw) (Entered: 07/16/2004)

1828

MINUTE ENTRY ( 7/15/04 ) Hrg was held on the following mtns: Plas' motion to compel production [1813−1] − DENIED; Plas' motion to shorten the time period for discovery responses [1814−1] −DISMISSED AS MOOT; Plas' motion to compel prod [1826−1] − DENIED; State dfts' motion for specificity [1827−1] − GRANTED by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 07/16/2004)

1829 MINUTE ENTRY ( 8/11/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached letters &accompanying reports. This report is for the months of June &July 2004 by Magistrate Judge Alma Chasez (plh) (Entered: 08/16/2004)

1830 MINUTE ENTRY ( 8/27/04 ) Hrg on plas' motion for attorney's fees &costs [1789−1]; ORDERED the ptys have agreed to a settlement on the mtn by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 08/31/2004)

1831 MINUTE ENTRY ( 9/28/04 ) A Status Conf involving transfer of psychiatric prisoners from OPP to a state facility is scheduled for 10/14/04 at 3:00 pm by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 09/29/2004)

1832 Transcript of settlement hrg held 8/27/04 before Mag Judge Alma Chasez (gw) (Entered: 10/13/2004)

1833

MINUTE ENTRY ( 10/12/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports from the St of LA, Dept of Health &Hospitals; This report is for the time period 8/13/04 through 10/11/04 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 10/13/2004)

1834

MINUTE ENTRY ( 10/14/04 ) Status Conf held ; The list of inmates in need of transfer from Orleans Parish Prison to a state forensic facility is current; The State, through Dr. Cheryll Bowers−Stephens, outlined some new initiatives designed to eliminate the future backlog of inmates in need of treatment; In light of the attention which the state is currently addressing to the problem, there appears to be no need to schedule future conferences at this time by Magistrate Judge Alma Chasez. (REF: 69−2443) (gw) (Entered: 10/18/2004)

1835 RECEIPT OF EXHIBITS from John F. Weeks II for defendant Charles C. Foti's exhibits 12from trial of 11/3/94 &exhibits 1−4 only from trial of 11/13/95. (REF: 69−2443) (gw) (Entered: 10/29/2004)

1836 RETURN OF EXHIBITS to John F. Weeks II for defendant Charles Foti, Jr. of exhibits (#A−D) from evidentiary hrg held on 10/26/98. (REF: 69−2443) (gw) Modified on 11/01/2004 (Entered: 11/01/2004)

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10/29/2004 10/29/2004 10/29/2004 10/29/2004 11/02/2004 11/03/2004 11/15/2004 11/15/2004 11/15/2004 11/16/2004
12/22/2004 12/22/2004 12/22/2004 12/22/2004 12/22/2004 01/04/2005
01/06/2005

1837 Receipt of EXHIBITS to Maureen Blackburn Jennings for defendant Charles C Foti Jr of Exhibits (#1−14) from evidentiary hrg on atty's fees held 9/22/99. (REF: 69−2443) (gw) (Entered: 11/01/2004)
1838 Receipt OF EXHIBITS to Harry Rosenberg for movant New Orleans City, exhibits #1−3 from evidentiary hrg held 3/9/00. (REF: 69−2443) (gw) (Entered: 11/01/2004)
1839 Receipt OF EXHIBITS to Elizabeth R. Alexander for plaintiff Edwin Brown, exhibits from evidentiary hrg held atty fees held 9/3/91 &exhibits from evidentiary hrg held 11/3/94. (REF: 69−2443) (gw) (Entered: 11/01/2004)
1840 Receipt OF EXHIBITS to Eric G. Balaban for plaintiff Edwin Brown, exhibits from evidentiary hrg on atty fees held 9/22/99. (REF: 69−2443) (gw) Modified on 11/22/2004 (Entered: 11/01/2004)
1841 Receipt OF EXHIBITS to Eric G. Balaban for plaintiff Edwin Brown, exhibits from evidentiary hrg held 3/4/02. (REF: 69−2443) (gw) (Entered: 11/02/2004)
1842 Receipt OF EXHIBITS to John F. Weeks II for defendant Charles C. Foti, Jr., exhibits (#1−6) from evidentiary hrg 3/9/00 &exhibits (#1 &3) from evidentiary hrg 3/4/02. (REF: 69−2443) (gw) (Entered: 11/03/2004)
1843 RETURN OF EXHIBITS to Patricia Nalley Bowers for movant Fred Cerise, exhibits from evidentiary hrg on atty fees 9/3/91. (REF: 69−2443) (gw) (Entered: 11/15/2004)
1844 RETURN OF EXHIBITS to Patricia Nalley Bowers for movant Stalder, exhibits from evidentiary hrg on atty fees 9/22/99. (REF: 69−2443) (gw) Modified on 11/22/2004 (Entered: 11/15/2004)
1845 RETURN OF EXHIBITS to Thomas Allen Usry for defendant Charles C. Foti, Jr., exhibit (#1 in globo) from evidentiary hrg 2/1/99. (REF: 69−2443) (gw) (Entered: 11/15/2004)
1846 MINUTE ENTRY ( 11/12/04 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports; This report is for the months of October &part of November 2004 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 11/17/2004)
1847 NOTICE of change of address by attorney T. Allen Usry, Freeman R. Matthews &John F. Weeks. (gw) (Entered: 12/27/2004)
(Utility Event) Substituting party(s): terminating William C Hunter in 2:69−cv−02443, adding Marlin N Gusman to case(s) 2:69−cv−02443, (gw) (Entered: 12/28/2004)
1848 Motion by defendant Marlin N Gusman and ORDER to substitute dft in place of former Orleans Parish Criminal Sheriff William C Hunter by Magistrate Judge Alma Chasez Date Signed: 12/23/04. (REF: 69−2443) (gw) (Entered: 12/28/2004)
1853 Motion by defendant Marlin N Gusman for exp hrg and ORDERED MOOT by Magistrate Judge Alma Chasez Date Signed: 1/28/05 (REF ALL CASES) (dmg) (Entered: 02/01/2005)
1854 MOTION by defendant Marlin N Gusman for jail funding jgm and sanctions for contempt referred to Magistrate Judge Alma Chasez to be heard before Mag Judge Chasez (REF ALL CASES) (dmg) (Entered: 02/01/2005)
1849 MINUTE ENTRY ( 1/3/05): a status conference regarding Sheriff Gusman's mtn for exp hrg on the Sheriff's Seventh mtn for jail funding jgm is scheduled before Mag at 4:00 1/7/05 by Magistrate Judge Alma Chasez (REF: 69−2443) (plh) (Entered: 01/04/2005)
1850 MINUTE ENTRY (1/5/05): a status conference is scheduled before Mag Judge Chasez at 2:00 1/26/05 by Magistrate Judge Alma Chasez (REF: 69−2443) (dmg) (Entered: 01/07/2005)

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01/21/2005
01/27/2005 01/31/2005 02/28/2005 03/02/2005 03/14/2005 03/30/2005 05/26/2005 08/22/2005 09/28/2005 09/30/2005 10/04/2005 10/06/2005
10/07/2005 10/11/2005 10/12/2005 10/14/2005
10/14/2005

1851 MINUTE ENTRY ( 1/19/05 ) The Court is in receipt of its monthly update on the individuals listed in the attached ltrs &accompanying reports; This report is for the months of December 2004 &part of January 2005 by Magistrate Judge Alma Chasez. (REF: all cases) (gw) (Entered: 01/21/2005)

1852 RECEIPT OF EXHIBITS by Patricia Nalley Bowers, dft LA Dept of Corrections exhibits from evidentiary hrg on atty's fees 9/3/91. (REF: 69−2443) (gw) (Entered: 01/27/2005)

1855 MINUTE ENTRY (1/28/05) Status Conf was held 2:00 1/26/05; Marlin Gusman's motion for jail funding jgm and sanctions for contempt [1854−1] is moot. by Magistrate Judge Alma Chasez (REF ALL CASES) (dmg) (Entered: 02/01/2005)

1856 MOTION to Withdraw Maureen Blackburn Jennings as Attorney by Marlin N Gusman. (plh, ) (Entered: 03/02/2005)

1857 ORDER granting 1856 Motion to Withdraw Maureen Blackburn Jennings as Attorney. . Signed by Judge Alma L. Chasez on 3/1/05. (plh, ) (Entered: 03/02/2005)

1858 NOTICE of Change of Address by Eric G. Balaban. (REF: all cases) (gbw, ) (Entered: 03/22/2005)

1859 ORDER re monthly report for months of February &March 2005. Signed by Judge Alma L. Chasez. (REF: 69−2443)(gbw, ) (Entered: 03/31/2005)

1860 ORDER on Monthly Update. Signed by Judge Alma L. Chasez on 5/25/05.(Reference: all cases)(gbw, ) (Entered: 05/27/2005)

1861 ORDER on Monthly Update. Signed by Judge Alma L. Chasez on 8/19/05.(Reference: ALL CASES)(gec, ) (Entered: 08/23/2005)

1884 MOTION for Expedited consideration by all plaintiffs. (Reference: ALL CASES)(caa, ) (Entered: 10/28/2005)

1885 MOTION for Leave to submit notice of supplemental authority in support of motion for an injunction for access to class members by all plaintiffs. (Reference: ALL CASES)(caa, ) (Entered: 10/28/2005)

1862 ORDER Telephone Conference set for 10/19/2005 11:00 AM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(lag, ) (Entered: 10/07/2005)

1866 MOTION for Temporary Restraining Order to preserve evidence &to permit plaintiffs' to enter &inspect the Orleans Parish Prison by plaintiffs &UNSIGNED ORDER. (Reference: all cases)(gbw, ) Modified on 10/19/2005 (gbw, ). (Entered: 10/19/2005)

1863 Original Declaration of Phyllis Mann by Louis Hamilton as Exhibit E to the Declaration of Eric Balaban dated 9/27/05. (Reference: All cases)(gbw, ) (Entered: 10/12/2005)

1875 MOTION for Expedited hearing on eighth motion for jail funding judgment by Marlin N Gusman. (Reference: all cases)(gbw, ) (Entered: 10/21/2005)

1872 MOTION for an Emergency Hearing on their motion for temporary restraining order to preserve evidence &to permit plaintiffs to enter &inspect the Orleans Parish Prison by all plaintiffs. (Reference: all cases)(gbw, ) (Entered: 10/20/2005)

1867

Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 10/14/2005 re 1866 MOTION for Temporary Restraining Order to preserve evidence &to permit plaintiffs' to enter &inspect the Orleans Parish Prison filed by plaintiffs. Further telephone conference will be held on 10/19/05 at 11:00 am. (Reference: 69−2443)(gbw, ) (Entered: 10/19/2005)

1877 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 10/14/2005 re 1869 Eighth MOTION for jail funding judgment &for sanctions for contempt filed by Marlin N Gusman. Further telephone conference set 10/17/05 at 2:00 pm. (Reference: 69−2443)(gbw, ) (Entered: 10/21/2005)

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10/17/2005 10/17/2005 10/17/2005 10/17/2005 10/17/2005 10/17/2005 10/17/2005
10/17/2005 10/17/2005 10/17/2005
10/19/2005 10/19/2005
10/20/2005
10/24/2005 10/24/2005

1864 MOTION for Leave to File third−party claim against American Bankers Insurance Co of FL, FW Insurance Services LLC and Felton Walker, Jr. by Marlin N Gusman. Motion Hearing set for 11/2/2005 11:00 AM before Magistrate Judge Alma L. Chasez. (Reference: all cases)(gbw, ) (Entered: 10/18/2005)

1865 Memo in opposition by Richard Stalder to plaintiffs' motion for an injunction for access to class members. (Reference: 69−2443)(gbw, ) (Entered: 10/19/2005)

1868 MEMORANDUM filed by New Orleans City in opposition to 1866 plaintiffs' MOTION for an injunction for access to class members. (Reference: all cases)(gbw, ) (Entered: 10/19/2005)

1869 Eighth MOTION for jail funding judgment &for sanctions for contempt by Marlin N Gusman. Motion Hearing set for 10/26/2005 11:00 AM before Magistrate Judge Alma L. Chasez. (Reference: all cases)(gbw, ) (Entered: 10/19/2005)

1870 MOTION to add Emily Stickney Morrison as Additional Counsel of Record by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise. (Reference: 69−2443)(gbw, ) (Entered: 10/19/2005)

1871 ORDER granting 1870 defendants' Motion to add Emily Stickney Morrison as additional counsel of record. Signed by Judge Alma L. Chasez. (Reference: 69−2443)(gbw, ) (Entered: 10/19/2005)

1873

ORDER 1872 plaintiffs' Motion for Expedited Hearing on their motion for temporary restraining order to preserve evidence &to permit plaintiffs to enter &inspect the Orleans Parish Prison is GRANTED. The Court shall hold a telephonic hearing on plaintiffs' motion for a temporary restraining order on 10/14/05 Signed by Judge Alma L. Chasez on 10/14/05. (Reference: all cases)(gbw, ) Modified on 10/20/2005 (gbw) (Entered: 10/20/2005)

1874 Declaration of Raphael Schwarz by all plaintiffs. (Reference: all cases)(gbw, ) (Entered: 10/20/2005)

1876 ORDER granting 1875 Marlin N. Gusman's Motion for Expedited hearing on its eighth motion for jail funding judgment to be held on 10/14/05 at 1:30 pm in Baton Rouge, LA.. Signed by Judge Alma L. Chasez on 10/13/05. (Reference: all cases)(gbw, ) (Entered: 10/21/2005)

1879

Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 10/17/2005 re 1869 MOTION for jail funding judgment &for sanctions for contempt filed by Marlin N Gusman. An Evidentiary hearing will go forward on 10/24/05 at 2:00 pm in Baton Rouge, LA. (Reference: 69−2443)(gbw, ) (Entered: 10/21/2005)

1878 MOTION for an injunction for access to class members by all plaintiffs; No hearing date set. (Reference: all cases)(gbw, ) (Entered: 10/21/2005)

1880

Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 10/19/2005 re 1878 MOTION for an injunction for access to class members filed by plaintiffs and 1866 MOTION for Temporary Restraining Order to preserve evidence &to permit plaintiffs to enter &inspect the Orleans Parish Prison filed by plaintiffs. (Reference: 69−2443)(gbw, ) (Entered: 10/21/2005)

1881

ORDER Setting Oral Argument on 1864 Marlin N. Gusman's MOTION for Leave to File third party claim against American Bankers Insurance C. of Florida, FW Insurance Services LLC &Felton Walker Jr. Motion Hearing set for 11/2/2005 11:00 AM in New Orleans, LA before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 10/19/05.(Reference: 69−2443)(gbw, ) (Entered: 10/21/2005)

1882 Minute Entry for proceedings held before Judge Alma L. Chasez : Evidentiary Hearing held on 10/24/2005. (Court Reporter Toni Tusa.) (Reference: 69−2443)(tbl, ) (Entered: 10/28/2005)

1883 REPORT AND RECOMMENDATIONS. Objections to RRdue by 11/7/2005. Signed by Judge Alma L. Chasez on 10/24/05.(Reference: 69−2443)(tbl, ) (Entered: 10/28/2005)

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10/26/2005 10/26/2005
10/26/2005
10/26/2005 10/26/2005 11/01/2005 11/02/2005
11/04/2005 11/07/2005 11/07/2005 11/08/2005
11/08/2005
11/09/2005 11/16/2005 11/16/2005 11/16/2005 11/16/2005 11/17/2005

1886 ORDER granting 1884 Motion for expedited consideration. Signed by Judge Alma L. Chasez on 10/13/2005. (Reference: ALL CASES)(caa, ) (Entered: 10/28/2005)
1887 MOTION for an Injunction for access to class members by all plaintiffs. Motion Hearing set for 10/19/2005 before Magistrate Judge Alma L. Chasez. (Reference: ALL CASES)(caa, ) Additional attachment(s) added on 10/28/2005 (caa, ). (Entered: 10/28/2005)
1888 ORDER granting 1885 Motion for Leave to submit notice of supplemental authority in support of motion for an injunction for access to class members. Signed by Judge Alma L. Chasez on 10/26/2005. (Reference: ALL CASES)(caa, ) (Entered: 10/28/2005)
1889 NOTICE of supplemental authority by all plaintiffs in support of 1887 MOTION for an Injunction for access to class members. (Reference: ALL CASES)(caa, ) (Entered: 10/28/2005)
1890 Supplemental Memorandum filed by all plaintiffs in support of their 1887 MOTION For An Injunction For Access to Class Members. (Reference: all cases)(gbw, ) (Entered: 11/01/2005)
1897 MOTION to Expedite hrg on the ninth mtn for jail funding jgm by Marlin N Gusman. (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1892 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 11/2/2005 re 1864 MOTION for Leave to File 3dpty claim filed by Marlin N Gusman; the City to file a written opp w/in 72 hours. (Reference: 69−2443)(car, ) (Entered: 11/08/2005)
1891 RESPONSE to Motion filed by New Orleans City re 1887 MOTION for an Injunction for access to class members. (Reference: ALL CASES)(car, ) (Entered: 11/08/2005)
1893 MEMORANDUM in Opposition filed by New Orleans City re 1864 MOTION for Leave to File. (Reference: ALL CASES)(caa, ) (Entered: 11/08/2005)
1894 REPLY to Response to Motion filed by Marlin N Gusman re 1864 MOTION for Leave to File. (Reference: ALL CASES)(caa, ) (Entered: 11/08/2005)
1895 MEMORANDUM in Opposition filed by Louisiana Department of Corrections, Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise to ACLU's suppl memo in support of 1887 MOTION for an Injunction for access to class members (Reference: ALL CASES)(car, ) (Entered: 11/09/2005)
1896 OBJECTIONS by all plaintiffs re 1880 Magistrate's Minute Entry denying their 1866 MOTION for Temporary Restraining Order to preserve evidence &to permit plaintiffs to enter &inspect the Orleans Parish Prison filed by plaintiffs.(Reference: all cases)(gbw, ) (Entered: 11/09/2005)
1900 MOTION for Leave to File reply memo by Marlin N Gusman. (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1898 ORDER granting 1897 Motion to Expedite hrg on ninth mtn for jail funding filed by Marlin Gusman, set for 11/18/05 11:00. Signed by Judge Jay C. Zainey on 11/14/05. (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1899 MOTION for jail funding jgm by Marlin N Gusman. Motion Hearing set for 11/18/2005 11:00 AM before Magistrate Judge Alma L. Chasez. (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1901 ORDER granting 1900 Motion for Leave to File reply memo. Signed by Judge Alma L. Chasez on 11/14/05. (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1902 REPLY memo in support of Motion filed by Marlin N Gusman re 1864 MOTION for Leave to File 3dpty cmp (Reference: ALL CASES)(car, ) (Entered: 11/17/2005)
1910 MOTION for Leave to Submit Ntc of Supplemental Authority in Support of Mtn for an injunction for access to class members by all plaintiffs. (Reference: ALL CASES)(blg, ) (Entered: 12/07/2005)

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11/18/2005
11/18/2005 11/22/2005 11/23/2005
11/29/2005 11/29/2005 11/30/2005
12/06/2005
12/06/2005 12/08/2005 12/09/2005 12/20/2005 12/20/2005 12/29/2005 01/04/2006 01/04/2006 03/03/2006

1903 Minute Entry for proceedings held before Judge Alma L. Chasez : Evidentiary Motion Hearing held on 11/18/2005 re 1899 MOTION for jail funding jgm filed by Marlin N Gusman; the court will issue a RRgranting said mtn (car, ) (Entered: 11/21/2005)
1921 MOTION for Order to Show Cause by Louis Hamilton, Floyd Domino, Edwin Brown. (Reference: ALL CASES)(blg, ) (Entered: 12/20/2005)
1904 REPORT AND RECOMMENDATIONS re 1899 Ninth MOTION for jail funding jgm filed by Marlin N Gusman; Objections to RRdue by 12/5/2005. Signed by Judge Sally Shushan.(Reference: 69−2443)(car, ) (Entered: 11/23/2005)
1907 NOTICE of Change of Address by Craig Edmond Frosch, Freeman Rudolph Matthews, Thomas Allen Usry, John F. Weeks, II on behalf of Charles C Foti, Jr, William C Hunter, Marlin N Gusman. (Reference: all cases)(gec, ) (Entered: 12/01/2005)
1905 ORDER ADOPTING REPORT AND RECOMMENDATIONS 1883 . Signed by Judge Jay C. Zainey on 11/28/05.(Reference: 69−2443)(car, ) (Entered: 11/30/2005)
1906 JUDGMENT in favor of Marlin Gusman and against City of NO in the amt of $3,325,423.30. Signed by Judge Jay C. Zainey on 11/28/05.(Reference: 69−2443)(car, ) (Entered: 11/30/2005)
1908 OPPOSITION to OBJECTIONS by all plaintiffs re 1880 Magistrate's Minute Entry denying their 1866 MOTION for Temporary Restraining Order to preserve evidence &to permit plaintiffs to enter &inspect the Orleans Parish Prison.(Reference: 69−2443)(gec, ) (Entered: 12/01/2005)
1911 ORDER granting 1910 Motion for Leave to Submit Ntc of Supplemental Authority in Support of Mtn for an injunction for access to class members. Defendants shall have until 12/16/05 to file any responses to the Notice . Signed by Judge Alma L. Chasez on 12/2/05. (Reference: ALL CASES)(blg, ) (Entered: 12/07/2005)
1912 NOTICE of Supplemental Authority in Support filed by all plaintiffs re 1887 MOTION for an Injunction for access to class members. (Reference: ALL CASES)(blg, ) (Entered: 12/07/2005)
1919 Response to Plaintiff's Objections to the Magistrate Judge's 10/19/05 Minute Entry by New Orleans City. (Reference: ALL CASES)(blg, ) (Entered: 12/09/2005)
1920 ORDER ADOPTING REPORT AND RECOMMENDATIONS 1904 . Signed by Judge Jay C. Zainey on 12/8/05.(Reference: 69−2443)(blg, ) (Entered: 12/12/2005)
1922 ORDER granting 1921 MOTION for Order to Show Cause Show Cause Hearing set for 12/20/2005 03:00 PM via telephone. Signed by Judge Alma L. Chasez on 12/16/05.(Reference: ALL CASES)(blg, ) (Entered: 12/20/2005)
1926 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 12/20/2005 re 1921 MOTION for contempt filed by Louis Hamilton, Floyd Domino, Edwin Brown. Ordered − denied. (dmg, ) (Entered: 12/23/2005)
1931 ORDER AND REASONS denying 1896 Objections filed by Louis Hamilton, Floyd Domino, &Edwin Brown. Signed by Judge Jay C. Zainey.(Reference: ALL CASES)(caa, ) (Entered: 12/29/2005)
1932 ORDER amending docket sheet to reflect Dr. Hamrick's new address. Signed by Judge Alma L. Chasez on 12/29/05.(Reference: 69−2443)(blg, ) (Entered: 01/05/2006)
1933 ORDER amending docket sheet to reflect Dr. Osofsky's new address. Signed by Judge Alma L. Chasez on 12/29/05.(Reference: 69−2443)(blg, ) (Entered: 01/05/2006)
1950 ORDER that the docket sheet be amended to reflect Dr. Wayne Greenleaf's new address. Signed by Judge Alma L. Chasez on 2/27/06.(Reference: 69−2443)(gbw, ) (Entered: 03/03/2006)

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05/16/2006 05/16/2006 05/16/2006 05/16/2006 05/16/2006 05/18/2006 05/25/2006 05/26/2006 06/01/2006 06/01/2006 06/15/2006 06/22/2006 06/26/2006 06/27/2006 06/29/2006 06/30/2006

1963 NOTICE OF DISPOSAL OF EXHIBITS from 11/20/02 hearing to Harry Rosenburg for City. Counsel to inform Clerk within 30 days if exhibits are to be retrieved. Issued by Clerk on 5/16/06. (Reference: 69cv2443)(jrc, ) (Entered: 05/16/2006)
1964 NOTICE OF DISPOSAL OF EXHIBITS from 11/20/02 hearing to Maureen Jennings for Sheriff. Counsel to inform Clerk within 30 days if exhibits are to be retrieved. Issued by Clerk on 5/16/06.(Reference: 69cv2443)(jrc, ) (Entered: 05/16/2006)
1965 NOTICE OF DISPOSAL OF EXHIBITS from 11/20/02 hearing to Patricia Bowers for LA Dept. of Corrections. Counsel to inform the Clerk within 30 days if exhibits are to be retrieved. Issued by Clerk 5/16/06.(Reference: 69cv2443)(jrc, ) (Entered: 05/16/2006)
1966 NOTICE OF DISPOSAL OF EXHIBITS from 11/20/02 hearing to Mohamedu Jones for plaintiffs. Counsel to inform Clerk within 30 days if exhibits are to be retrieved. Issued by Clerk 5/16/06.(Reference: 69cv2443)(jrc, ) (Entered: 05/16/2006)
1967 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Penya Moses−Fields to be substituted in place of Charles L. Rice, Jr. by New Orleans City. (Reference: 69−2443)(gbw, ) (Entered: 05/19/2006)
1968 ORDER granting 1967 Motion to Substitute Attorney. Added attorney Penya M. Moses−Fields for New Orleans City. Attorney Charles L. Rice, Jr terminated . Signed by Judge Alma L. Chasez on 5/17/06. (Reference: 69−2443)(gbw, ) (Entered: 05/19/2006)
1969 EXPARTE/CONSENT MOTION for Tom−Tsi M. Jawetz to Appear Pro Hac Vice (Filing fee $5.) by plaintiffs. (Attachments: # 1 Declaration)(Reference: all cases)(gbw, ) Modified on 6/1/2006 (gbw, ). (Entered: 06/01/2006)
1970 ORDER granting 1969 Plaintiffs' Motion to Appear Pro Hac Vice as to Tom−Tsvi M. Jawetz. . Signed by Judge Alma L. Chasez on 5/26/06. (Reference: all cases)(gbw, ) (Entered: 06/01/2006)
1971 ORDER withdrawing 1864 Motion for Leave to File 3dpty claim. Signed by Judge Alma L. Chasez. (Reference: 69−2443)(car, ) (Entered: 06/01/2006)
1972 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 6/1/2006 re 1887 MOTION for an Injunction for access to class members − DENIED; defense counsel instructed to file a mtn to dismiss w/o prej by 6/15/06 as stated herein. (Reference: 69−2443)(car, ) (Entered: 06/06/2006)
1973 MOTION for Partial Dismiss w/o prej by Marlin N Gusman. Motion Hearing set for 7/12/2006 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memo in Support# 2 Proposed Order# 3 Notice of Hearing)(Reference: all cases)(gbw, ) (Entered: 06/16/2006)
1974 ORDERED that any amendment to the mtn for partial dismissal be filed by 7/7/06. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 06/23/2006)
1975 Record of Disposal of Exhibits. (Reference: 69−2443)(gbw, ) (Entered: 06/27/2006)
1977 AMENDED MOTION for Partial Dismissal re amended complaint by Marlin N Gusman. (Attachments: # 1 Amended Proposed Order)(Reference: all cases)(gbw, ) (Entered: 06/29/2006)
1979 EXPARTE/CONSENT MOTION for Extension of Time to Respond to 1973 Defendant Gusman's MOTION for Partial Dismissal w/o prej by plaintiffs. (Attachments: # 1 Memo in Support)(Reference: all cases)(gbw, ) (Entered: 07/06/2006)
1978 ORDER Setting oral argument on 1973 MOTION for Partial Dismssal w/o prej: Motion Hearing set for 7/12/2006 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 6/30/06.(Reference: ALL

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07/05/2006 07/07/2006 07/11/2006 07/18/2006 07/24/2006 07/26/2006 08/11/2006 08/18/2006 08/23/2006 09/08/2006 09/22/2006 09/26/2006 09/26/2006 09/26/2006 09/28/2006 10/06/2006

CASES)(dmg, ) (Entered: 07/03/2006)
1980 ORDER granting 1979 Plaintiffs' Motion for Extension of Time to Respond to defendant Gusman's motion for partial dismissal w/o prej. Response due 7/10/06. Signed by Judge Alma L. Chasez on 6/30/06. (Reference: all cases)(gbw, ) (Entered: 07/06/2006)
1981 ORDER continuing Hearing on 1973 MOTION for Partial Dismssal w/o prej: Motion Hearing set for 7/26/2006 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 07/07/2006)
1982 ORDER − plas have until 7/18/06 to file their opp. Signed by Judge Louis Moore Jr.(Reference: 69−2443)(car, ) (Entered: 07/12/2006)
1986 CROSS MOTION for Dismissal Without Prejudice by all plaintiffs. Motion Hearing set for 8/9/2006 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memo in Support# 2 Declaration of Ericc Balaban# 3 Exhibits# 4 Proposed Order# 5 Notice of Hearing)(Reference: all cases)(gbw, ) (Entered: 07/20/2006)
1988 ORDERED that the hrg on 1973 Partial MOTION to Dismiss w/o prej filed by Marlin N Gusman is converted to a Status Conference set for 7/26/2006 04:00 PM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 7/21/06.(Reference: 69−2443)(car, ) (Entered: 07/24/2006)
1989 Minute Entry for proceedings held before Judge Alma L. Chasez : Status Conference held on 7/26/2006. Deadlines set forth in doc. (Reference: 69−2443)(car, ) (Entered: 07/27/2006)
1990 RESPONSE/MEMORANDUM in Opposition filed by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise re 1986 MOTION to Dismiss Case, 1973 MOTION to Dismiss Party Partial Dismssal w/o prej. (Attachments: # 1 Exhibit)(Reference: ALL CASES)(dmg, ) (Entered: 08/15/2006)
1992 ORDERED that docket sheet be amended to reflect Dr. Reinbold's new address. Signed by Judge Alma L. Chasez on 8/17/06. Remailing of Returned Mail (Doc. #1880, 1892, 1920, 1972, 1978, 1980, 1981, 1982, 1988) to William Reinbold.(Reference: 69−2443)(gec, ) (Entered: 08/21/2006)
1993 RESPONSE to Motion filed by New Orleans City re 1986 MOTION to Dismiss Case. (Reference: ALL CASES)(cms, ) (Entered: 08/24/2006)
1994 RESPONSE/MEMORANDUM in Opposition filed by Marlin N Gusman re 1986 MOTION to Dismiss Case. (Reference: ALL CASES)(ala) (Entered: 09/12/2006)
1995 EXPARTE/CONSENT MOTION for Leave to Exceed Page Limit on their response memo to pending motions to dismiss by all plaintiffs. (Attachments: # 1 Memorandum in Support)(Reference: all cases)(gbw, ) (Entered: 09/28/2006)
1996 ORDER granting 1995 Motion for Leave to Exceed Page Limit on their response memo to pending motions to dismiss. Signed by Judge Alma L. Chasez on 9/25/06. (Reference: all cases)(gbw, ) (Entered: 09/28/2006)
1997 RESPONSE filed by all plaintiffs re 1986 MOTION to Dismiss Case, 1973 MOTION for Partial Dismssal. (Attachments: # 1 Declaration# 2 Declaration# 3 Exhibits)(Reference: all cases)(gbw, ) (Entered: 09/28/2006)
1998 EXPARTE/CONSENT MOTION for Leave to File reply memo in opposition to plaintiffs' response to pending motions to dismiss w/o prej by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise. (Reference: all cases)(gbw, ) (Entered: 10/02/2006)
1999 ORDER granting 1998 Motion for Leave to File reply memo in opposition to plaintiffs' response to pending motions to dismiss w/o prej. Reply memo due by 10/16/06. Signed by Judge Alma L. Chasez on 9/27/06. (Reference: all cases)(gbw, ) (Entered: 10/02/2006)
2000 EXPARTE/CONSENT MOTION for Leave to File reply memo in opposition to plaintiffs' response to pending motions to dismiss w/o prejudice by Marlin N

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10/13/2006 10/13/2006 10/16/2006 10/16/2006 08/23/2007
09/07/2007 09/07/2007 09/07/2007 09/10/2007
09/10/2007 09/13/2007
09/13/2007

Gusman. (Reference: all cases)(gbw, ) (Entered: 10/18/2006)

2001 ORDER granting 2000 Marlin N. Gusman's Motion for Leave to File a reply memo in opposition to plaintiffs' response to pending motions to dismiss w/o prej by 10/16/06. Signed by Judge Alma L. Chasez on 10/13/06. (Reference: all cases)(gbw, ) (Entered: 10/18/2006)

2002 REPLY MEMO filed by Marlin N Gusman in opposition to plaintiffs' response to 1986 MOTION to Dismiss Case. (Reference: all cases)(gbw, ) (Entered: 10/18/2006)

2003 REPLY MEMO filed by Marlin N Gusman in opposition to plaintiffs' response to 1986 MOTION to Dismiss Case. (Reference: all cases)(gbw, ) Attached image and assigned document number to document on 10/18/2006 (gbw, ). Modified on 10/18/2006 (gbw, ). (Entered: 10/18/2006)

2004 Correction of Docket Entry by Clerk re 2003 Reply to Response to Motion. Attached image and assigned document number to document. (Reference: all cases)(gbw, ) (Entered: 10/18/2006)

2007

REPORT AND RECOMMENDATIONS re 1986 MOTION to Dismiss Case filed by Louis Hamilton, Floyd Domino, Edwin Brown, 1973 MOTION to Dismiss Party Partial Dismssal w/o prej filed by Marlin N Gusman, 1977 Amended Mtn for partial dismissal − Objections to RRdue by 9/7/2007. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) Modified on 9/10/2007 (car, ). (Entered: 08/24/2007)

2008

EXPARTE/CONSENT MOTION for Extension of Time to File Objections to Magistrate Judge's Report and Recommendation by Marlin N Gusman. (Attachments: # 1 Proposed Order)(Reference: 69−2443)(Weeks, John) Added attachment description &modified text on 9/10/2007 (gbw, ). Modified on 9/10/2007 (gbw, ). (Entered: 09/07/2007)

2009

MOTION Clarify Magistrate Judge's Report and Recommendation by Marlin N Gusman. Motion Hearing set for 9/26/2007 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 69−2443)(Weeks, John) Modified on 9/10/2007 (gbw, ). (Entered: 09/07/2007)

2012

OBJECTION TO REPORT AND RECOMMENDATIONS 2007 by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise. Motion Hearing set for 10/3/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Exhibit A# 2 Exhibit A Continued# 3 Notice of Hearing # 4 Certificate of Service)(Reference: all cases)(gbw, ) (Entered: 09/10/2007)

2010

Correction of Docket Entry by Clerk re 2008 MOTION for Extension of Time to File Sheriff' Gusman's Ex Parte Motion for Enlargement of Time Within Which to File Objections to Magistrate Judge's Report and Recommendation (Doc. No. 2007), with Incorporated Memorandum. Attachment was not described. Filing attorney must select either a category or enter a description when attaching documents to the main document. Clerk took corrective action. (Reference: 69−2443)(gbw, ) (Entered: 09/10/2007)

2011

Correction of Docket Entry by Clerk re 2009 MOTION Clarify Magistrate Judge's Report and Recommendation. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (Reference: 69−2443)(gbw, ) (Entered: 09/10/2007)

2013

ERROR: MOTION WITH MULTIPLE RELIEFS FILED AS ONE RELIEF. EXPARTE/CONSENT MOTION to Stay Consideration of Objections to Magistrate Judge Chasezs Report and Recommendation and for an Enlargement of Time to Respond to Objections by Louis Hamilton, Floyd Domino, Edwin Brown. (Attachments: # 1 Proposed Order)(Reference: 69−2443)(Jawetz, Tom−Tsvi) Modified text on 9/14/2007 (gbw, ). (Entered: 09/13/2007)

2014 Correction of Docket Entry by Clerk re 2013 MOTION to Stay Consideration of Objections to Magistrate Judge Chasezs Report and Recommendation and for an

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09/14/2007 09/17/2007 09/20/2007 09/20/2007
09/20/2007 09/25/2007 09/25/2007 09/26/2007 09/26/2007 10/01/2007 10/17/2007 10/24/2007

Enlargement of Time to Respond to Objections. Filing attorney selected only one relief for a multiple−relief motion. To select multiple reliefs, you must select all applicable reliefs by pressing the 'control key' and clicking the additional reliefs before clicking the Next button. Clerk took corrective action by re−docketing the document using the reliefs 'stay' and 'extension of time to file response/reply'. (Reference: all cases)(gbw, ) (Entered: 09/14/2007)

2015

EXPARTE/CONSENT CROSS−MOTION to Stay consideration of objections to Report &Recommendations, MOTION for Extension of Time to File Response to 2012 OBJECTION TO 2007 REPORT AND RECOMMENDATIONS by all plaintiffs. (Attachments: # 1 Proposed Order)(Reference: all cases)(gbw, ) (Entered: 09/14/2007)

2016 ORDER that 2015 CROSS−Motion to Stay Consideration of Objections to Magistrate's Report and Recommendations and MOTION for Enlargement of Time to respond to objections is GRANTED as stated herein. Signed by Judge Jay C. Zainey on 9/14/07. (Reference: all cases)(gbw, ) (Entered: 09/17/2007)

2017

EXPARTE/CONSENT MOTION for Leave to File opposition out of time by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise. Motion referred to Magistrate Judge Alma L. Chasez. (Attachments: # 1 Proposed Pleading # 2 Proposed Order) (Reference: 69−2443)(Bowers, Patricia) Modified on 9/21/2007 (gbw, ). Modified on 9/21/2007 (gbw, ). (Entered: 09/20/2007)

2018

Correction of Docket Entry by Clerk re 2017 MOTION for Leave to File. Document's signature line is blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. (Reference: 69−2443)(gbw, ) (Entered: 09/21/2007)

2019

Correction of Docket Entry by Clerk re 2017 MOTION for Leave to File. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (Reference: 69−2443)(gbw, ) (Entered: 09/21/2007)

2020 ORDER granting 2017 Motion for Leave to File opp out of time. Signed by Judge Alma L. Chasez. (Reference: 69−2443)(car, ) (Entered: 09/25/2007)

2021 RESPONSE/MEMORANDUM in Opposition filed by Kathleen Babineaux Blanco, Richard Stalder, Fred Cerise re 2009 MOTION Clarify Magistrate Judge's Report and Recommendation. (Reference: ALL CASES)(car, ) (Entered: 09/25/2007)

2022 ORDER Setting/Resetting oral argument on 2009 MOTION Clarify Magistrate Judge's Report and Recommendation : Motion Hearing set for 9/25/2007 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 9/25/07.(Reference: 69−2443)(car, ) (Entered: 09/26/2007)

2023

Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 9/26/2007 re 2009 MOTION Clarify Magistrate Judge's Report and Recommendation filed by Marlin N Gusman. Status Conference set for 11/29/2007 02:00 PM before Magistrate Judge Alma L. Chasez. (Reference: 69−2443)(gbw, ) (Entered: 09/28/2007)

2024 ORDER − Status Conference reset for 11/29/2007 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 10/02/2007)

2025 NOTICE OF DISPOSAL OF EXHIBITS from 10/24/05 hearing to Harry Rosenburg for City, Allen Usry for Sheriff. Counsel to inform Clerk within 30 days if exhibits are to be retrieved. Issued by Clerk on 10/17/07. (Attachments: # 1 Exhibit List) (Reference: 69−2443) (jrc, ) (Entered: 10/17/2007)

2026 ORDER granting 2008 Motion for Extension of Time to File Objection to RSigned by Judge Jay C. Zainey on 10/23/2007. (Reference: ALL CASES)(cms, ) (Entered:

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11/29/2007 11/30/2007 12/19/2007 02/12/2008 03/04/2008 03/07/2008
03/19/2008
03/19/2008 03/19/2008
04/08/2008 06/20/2008

10/24/2007)

2027 DISPOSAL OF EXHIBITS; exhibits from evidentiary hearing 10/24/05 were destroyed on 11/29/07. (Reference: 69−2443)(jrc, ) (Entered: 11/29/2007)

2028 ORDER − Status Conference reset for 12/18/2007 11:30 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 11/30/2007)

2029 ORDER − Status Conference reset for 1/15/2008 02:30 PM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 12/19/2007)

2030 ORDER − Status Conference set for 3/4/2008 02:30 PM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(Reference: 69−2443)(car, ) (Entered: 02/13/2008)

2033 Minute Entry for proceedings held before Judge Alma L. Chasez : Status Conference held on 3/4/2008. (Reference: 69−2443)(ala, ) (Entered: 03/10/2008)

2032

Referencing Sheriff Gusman's 2009 MOTION Clarify Magistrate Judge's Report and Recommendation, the Court makes the following modifications to the Report and Recommendation entered on August 24, 2007. (Rec. doc. 2007 ). The Court amends paragraph #3 of the Report and Recommendation as set forth in document. Signed by Judge Alma L. Chasez on 3/5/08.(Reference: 69−2443)(dno, ) (Entered: 03/07/2008)

2036

ERROR: WRONG EVENT SELECTED. OBJECTIONS by all plaintiffs re 2032 Order,, Terminate Hearings, 2007 Report and Recommendations,. (Attachments: # 1 Memorandum in Support # 2 Exhibit A# 3 Notice of Hearing # 4 Certificate of Service on Judge and Magistrate Judge)(Reference: 88−3736, 90−4560, 94−2502, 98−2889)(Jawetz, Tom−Tsvi) Modified on 3/19/2008 (gbw, ). (Entered: 03/19/2008)

2037 Correction of Docket Entry by Clerk re 2036 Objections. Filing attorney selected incorrect event. Correct event is MOTION Objection to Report and Recommendation. Clerk took corrective action by either re−docketing the event or changing the event. (Reference: 69−2443)(gbw, ) (Entered: 03/19/2008)

2038

PARTIAL OBJECTION TO REPORT AND RECOMMENDATIONS re 2007 Report and Recommendations, by all plaintiffs. Motion Hearing set for 4/16/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Exhibit # 4 74.1E Certificate)(Reference: 69−2443)(gbw, ) (Entered: 03/19/2008)

2039 RESPONSE filed by Louis Hamilton to State's 2012 OBJECTION TO REPORT AND RECOMMENDATIONS re 2007 Report and Recommendations (Reference: 2:69cv2443)(Jawetz, Tom−Tsvi) Modified text on 4/9/2008 (gbw, ). (Entered: 04/08/2008)

2041

ORDER ADOPTING REPORT AND RECOMMENDATIONS [2007 &2032]; ORDERED that the pending Motions to Dismiss [1973, 1977, 1986] are GRANTED IN PART AND DENIED IN PART for the reasons given in the Report and Recommendation; FURTHER ORDERED that 1) all claims enunciated by plaintiffs herein, whether the subject if a consent decree or not, be dismissed without prejudice. 2) plaintiffs' counsel, the ACLU National Prison Project, be discharged as counsel for plaintiffs herein. 3) all consent decrees, judgments, orders, minute entries or settlement agreements entered into the record of this case setting forth or establishing any economic or financial responsibilities or obligation between or among the sheriff, the City of New Orleans and/or the State of Louisiana, as well as the rights of such parties to seek judicial modification thereof, shall remain in full force and effect, in their entirety, until further orders of the Court, and this Court expressly retains jurisdiction thereof. 4) a notice be placed in a conspicuous area on all current tiers of the jail wherein inmates are housed. The approved notice is attached to this order. The time period for posting of the notice in the jail shall be thirty (30) days.. Signed by Judge Jay C. Zainey on 6/20/08. (Attachments: # 1 Notice)(Reference: 69−2443)(gbw, ) (Entered: 06/20/2008)

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07/21/2008
07/21/2008 07/22/2008
07/22/2008 07/22/2008 07/30/2008 09/18/2008 11/20/2008 01/30/2009 11/27/2012
11/27/2012 11/28/2012 12/03/2012 12/04/2012 12/04/2012

2042

NOTICE OF APPEAL by Bobby Jindal, Alan Levine, Jimmy LeBlanc re 2041 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Filing fee $ 455. PAID. (Reference: 2:69−cv−02443)(Bowers, Patricia) Modified on 7/22/2008 (gbw, ). Modified on 7/22/2008 (gbw, ). Modified on 7/22/2008 (gbw, ). (Entered: 07/21/2008)

2043 CERTIFICATE OF SERVICE by all defendants. (Reference: 2:69−cv−02443)(Bowers, Patricia) (Entered: 07/21/2008)

2044

Correction of Docket Entry by Clerk re 2042 Notice of Appeal. Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 2041.' (Reference: 69−2443)(gbw, ) (Entered: 07/22/2008)

2045 Correction of Docket Entry by Clerk re 2043 Certificate of Service. Document was incorrectly filed as a separate document instead of as part of document 2042. This certificate should have been on last page of pleading. No further action is necessary. (Reference: 69−2443)(gbw, ) (Entered: 07/22/2008)

2046 USCA Appeal Fees received $ 455 re 2042 Notice of Appeal, filed by Alan Levine, William C Hunter, Charles C Foti, Jr, Jimmy LeBlanc, Bobby Jindal (Reference: 69−2443)(gbw, ) (Entered: 07/22/2008)

2047 APPEAL TRANSCRIPT REQUEST by Bobby Jindal, Alan Levine, Jimmy LeBlanc re 2042 Notice of Appeal. Transcript is unnecessary for appeal purposes. (Reference: 69−2443)(gbw, ) (Entered: 08/04/2008)

2049 ORDER of USCA as to 2042 Notice of Appeal, filed by Alan Levine, William C Hunter, Charles C Foti, Jr, Jimmy LeBlanc, Bobby Jindal. (Attachments: # 1 Letter)(Reference: 69−2443)(gbw, ) (Entered: 09/22/2008)

2050 Certified and Transmitted Record on Appeal to US Court of Appeals re 2042 Notice of Appeal,. USCA Case Number 08−30766. (Reference: 69−2443)(gbw, ) (Entered: 11/26/2008)

2051 ORDER of USCA as to 2042 Notice of Appeal by Clerk. (Attachments: # 1 Motion to Dismiss, # 2 Letter)(Reference: 69−2443)(gbw, ) Modified text on 2/23/2009 (gbw, ). (Entered: 02/02/2009)

2052

ORDER REOPENING CASE; Evidentiary Hearing set for 1/16/2013 9:30 AM before Judge Jay C. Zainey. Final Pretrial Conference set for 1/9/2013 4:00 PM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 69−2443)(jrc, ) Modified on 11/28/2012 placing hearing before District Judge(jrc, ). (Entered: 11/27/2012)

2057 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 11/27/2012. Discovery Hearing set for 12/4/2012 01:00 PM before Magistrate Judge Alma L. Chasez. (Reference: 69−2443)(lag, ) (Entered: 12/05/2012)

2053 Correction of Docket Entry by Clerk re 2052 Order Reopening Case, Hearings should have been set before Judge Jay C. Zainey. (Reference: 69−2443)(jrc, ) (Entered: 11/28/2012)

2055 DEFICIENT** MOTION monetary by Marlin N Gusman. Motion set for 1/16/2013 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Exhibit, # 2 Notice of Submission)(Reference: 69−2443)(Matthews, Freeman) Modified on 12/4/2012 (gbw, ). (Entered: 12/03/2012)

2056 MOTION to Modify Settlement Agreement by Marlin N Gusman. Motion set for 1/16/2013 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit)(Reference: 69−2443)(Matthews, Freeman) Modified text on 12/5/2012 (gbw, ). (Entered: 12/04/2012)

2058 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Status Conference held on 12/4/2012. Further Status Conference set for 12/7/2012 01:00 PM before Magistrate Judge Alma L. Chasez. (Reference: 69−2443)(lag, ) (Entered: 12/05/2012)

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12/07/2012 12/10/2012 12/11/2012 12/11/2012 12/11/2012 12/12/2012 12/12/2012 12/13/2012 12/14/2012 12/18/2012
12/18/2012 12/20/2012 12/20/2012 12/20/2012

2060 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Discovery/Status Conference held on 12/7/2012. (Reference: 69−2443)(plh, ) (Entered: 12/10/2012)

2059 ORDER REFERRING MOTION: 2056 MOTION to Modify Settlement Agreement filed by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. Signed by Judge Jay C. Zainey on 12/7/12.(Reference: 69−2443)(jrc, ) (Entered: 12/10/2012)

2061 EXPARTE/CONSENT MOTION Motion to Shorten Time for Sheriff Marlin Gusman to Produce Documents by New Orleans City. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Reference: 69−2443)(Rosenberg, Harry) (Entered: 12/11/2012)

2062 DEFICIENT** EXPARTE/CONSENT MOTION to Enroll as Counsel of Record for the City of New Orleans by New Orleans City. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order)(Reference: 69−2443)(Rosenberg, Harry) Modified on 12/12/2012 (gbw, ). (Entered: 12/11/2012)

2066 Minute Entry for proceedings held before Magistrate Judge Alma L. Chasez: Discovery/Status Conferences held on 12/11/2012 &12/12/2012. (Reference: 69−2443)(lag, ) (Entered: 12/14/2012)

2063 EXPARTE MOTION to Enroll as Additional Counsel of Record Blake J. Arcuri by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Reference: 69−2443)(Matthews, Freeman) Modified on 12/12/2012 (gbw, ). (Entered: 12/12/2012)

2064

Correction of Docket Entry by Clerk re 2063 MOTION to Enroll as Additional Counsel of Record Blake J. Arcuri. Filing attorney should have selected Yes at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (Reference: 69−2443)(gbw, ) (Entered: 12/12/2012)

2065 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Sharonda Williams &Ralph Capitelli by New Orleans City. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order)(Reference: 69−2443)(Rosenberg, Harry) Modified on 12/14/2012 (gbw, ). (Entered: 12/13/2012)

2067 ORDER granting 2063 Motion to Enroll as Counsel of Record for Attorney Blake J. Arcuri for Marlin N Gusman. Signed by Magistrate Judge Alma L. Chasez on 12/13/12. (Reference: 69−2443)(lag, ) (Entered: 12/14/2012)

2068

DEFICIENT** MOTION to Strike City's Discovery Requests by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. Motion set for 1/9/2013 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit City's Discovery Requests)(Reference: 69−02443)(Arcuri, Blake) Modified on 12/18/2012 (gbw, ). (Entered: 12/18/2012)

2069 ORDER granting 2065 Motion to Enroll as Counsel of Record for Attorney Sharonda R. Williams,Ralph Capitelli for New Orleans City. Signed by Magistrate Judge Alma L. Chasez on 12/18/2012. (Reference: 69−2443)(lag, ) (Entered: 12/18/2012)

2070

DEFICIENT** MOTION monetary by Marlin N Gusman. Motion set for 1/14/2013 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit, # 4 Exhibit)(Reference: 69−2443)(Matthews, Freeman) Modified on 12/21/2012 (gbw, ). (Entered: 12/20/2012)

2071

MOTION to Strike and/or Preclude Witnesses on behalf of Sheriff Marlin Gusman by New Orleans City. Motion(s) referred to Alma L. Chasez. Motion set for 1/9/2013 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)(Reference: 69−2443)(Rosenberg, Harry) (Entered: 12/20/2012)

2072 EXPARTE MOTION to Expedite Hearing to Preclude Testimony of Witnesses by Sheriff Gusman by New Orleans City. (Attachments: # 1 Proposed

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 67 of 68

12/21/2012 12/21/2012
12/21/2012 12/21/2012 12/21/2012
12/27/2012 12/27/2012 12/28/2012 01/04/2013
01/08/2013 03/04/2013
03/05/2013

Order)(Reference: 69−2443)(Rosenberg, Harry) Modified on 12/21/2012 (gbw, ). (Entered: 12/20/2012)

2073

Correction of Docket Entry by Clerk re 2072 MOTION to Expedite Hearing to Preclude Testimony of Witnesses by Sheriff Gusman. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (Reference: 69−2443)(gbw, ) (Entered: 12/21/2012)

2074

EXPARTE/CONSENT MOTION for Leave to File Amended and Restated Motion to Modify Settlement Agreement Relative to Housing of City Detainees by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Amended and Restated Motion, # 3 Proposed Pleading Memo in Support of Amended and Restated Motion, # 4 Exhibit A, # 5 Exhibit B)(Reference: 69−2443)(Arcuri, Blake) (Entered: 12/21/2012)

2075 EXPARTE/CONSENT MOTION to Continue Hearing and to Extend all Deadlines Deadlines and Cutoff Dates by Marlin N Gusman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Reference: 69−2443)(Arcuri, Blake) (Entered: 12/21/2012)

2076 RESPONSE to Motion filed by New Orleans City re 2075 MOTION to Continue Hearing and to Extend all Deadlines Deadlines and Cutoff Dates (Memorandum in Response to Sheriff Marlin Gusman's Motion to Continue the January 16th, 2013 Hearing). (Reference: 69−cv−02443)(Rosenberg, Harry) (Entered: 12/21/2012)

2077

Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 12/21/2012 re 2061 MOTION Motion to Shorten Time for Sheriff Marlin Gusman to Produce Documents, 2071 MOTION to Strike and/or Preclude Witnesses on behalf of Sheriff Marlin Gusman, 2072 MOTION to Expedite Hearing to Preclude Testimony of Witnesses by Sheriff Gusman. (Reference: 69−2443)(lag, ) (Entered: 12/27/2012)

2078 ORDER granting 2074 Motion for Leave to File amended and restated motion to modify settlement agreement relative to housing of city detainees. Signed by Magistrate Judge Alma L. Chasez. (Reference: 69−2443)(lag, ) (Entered: 12/27/2012)

2079 AMENDED MOTION to modify settlement agreement relative to housing of city detainees by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Reference: 69−2443)(lag, ) (Entered: 12/27/2012)

2080 ORDER Setting Status Conference set for 1/4/2013 11:00 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 12/28/2012.(Reference: 69−2443)(caa, ) (Entered: 12/28/2012)

2081

Minute Order. Proceedings held before Judge Jay C. Zainey: granting 2075 Motion to Continue. Status Conference held on 1/4/2013. Settlement Conference set for 3/8/2013 02:00 PM before Magistrate Judge Alma L. Chasez. Motion as to 2079 MOTION to modify settlement agreement relative to housing of city detainees, reset for 3/20/2013 09:30 AM before Magistrate Judge Alma L. Chasez. (Reference: All Cases)(mmm) (Additional attachment(s) added on 1/8/2013: # 1 Pretrial Notice Form) (jrc, ). (Entered: 01/04/2013)

2082 Correction of Docket Entry by Clerk re 2081 Minute Entry − Clerk did not attach Pretrial Notice. Clerk attached it on 1/8/13. No further action needed. (Reference: 69−2443)(jrc, ) (Entered: 01/08/2013)

2083

EXPARTE/CONSENT MOTION for Leave to File Motion to Withdraw Previously Filed Amended and Restated Motion to Modify Settlement Agreement Relative to Housing of City Detainees by Marlin N Gusman. Motion(s) referred to Alma L. Chasez. (Attachments: # 1 Proposed Order Proposed Order for Leave, # 2 Proposed Pleading, # 3 Memorandum in Support, # 4 Proposed Order)(Reference: 69−2443)(Arcuri, Blake) (Entered: 03/04/2013)

2084 ORDER WITHDRAWING 2079 MOTION to modify settlement agreement relative to housing of city detainees filed by Marlin N Gusman. FURTHER

Case: 2:69-cv-2443 As of: 07/03/2013 10:24 PM CDT 68 of 68
ORDERED that the hearing scheduled for 3/20/13 is vacated. Signed by Judge Jay C. Zainey.(Reference: 69−2443)(jrc, ) (Entered: 03/05/2013)

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al.,

*

VERSUS

Plaintiffs

*

*

*

* ERNEST N. MORIAL, MAYOR, et al.,*

Defendants

*

* ************

CIVIL ACTION
NUMBER 69-2443 SECTION "LLM"
AND CONSOLIDATED CASES
(.

ORDER . 0* rJ I ' Upon consideration of plaintiffs' motion to amend their original and amended complaint/in Estevez v Foti, USDC No. 8801162"K"(5), and the cases consolidated therein, it is hereby ordered that the motion is granted.

Date

U.S. Magistrate

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al.,

*

Plaintiffs

*

*

VERSUS

*

*

ERNEST N. MORIAL, MAYOR, et al.,*

Defendants

*

* ************

CIVIL ACTION
NUMBER 69-2443 SECTION "LLM"
AND CONSOLIDATED CASES

MEMORANDUM IN SUPPORT OF MOTION TO AMEND COMPLAINT NOW INTO COURT, through undersigned counsel, come plaintiffs who respectfully ask this Court to grant plaintiffs' motion to amend the complaint in this matter for the following reasons. Bruce Lynn is the Secretary of the Louisiana Department of Public Safety and Corrections. The Department of Public Safety and Corrections is responsible for approximately 40% of the inmates in the Orleans Parish prison system. The state defendants are an integral part of the correctional system in place in Orleans Parish and need to be an integral part of this action if complete relief is granted for plaintiffs' claims. The state can claim no prejudice from this amendment since they have been present in this matter for years and have been participating in all proceedings in this matter by counsel for the past year and a half. The grant of leave to amend under Rule 15 is within the discretion of the trial court, Zenith Radio Corporation v Hazel

Time Research, Inc., 401 U.S. 321, 330 (1971), and amendments are to be allowed freely. Foman v Davis, 371 U.S. 178 (1962).
Therefore, plaintiffs respectfully request that the motion to amend the complaint be granted.
Respectfully submitted,

WILLIAM P-/ QUIGLEY / b)k{y> Law (^ _j
Fult'on Place - Suite 119 9-01 Convention Center Boulevard New Orleans, Louisiana 70130 (504) 524-0016 Bar Roll #7769
MARK J. LOPEZ NATIONAL PRISON PROJECT
OF THE ACLU FOUNDATION 1875 Connecticut Avenue, NW #410 Washington, DC 20036 (202) 331-0500 Bar Roll #20100000
JANE JOHNSON TULANE LAW CLINIC 7031 Freret Street New Orleans, LA 70118 (504) 865-5153 Bar Roll #7300

Certificate of Service

I certify that a copy of the foregoing 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 ? day of O

, 1990.

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al.,

*

Plaintiffs

*

*

VERSUS

*

*

ERNEST N. MORIAL, MAYOR, et al.,*

Defendants

*

*

* * * * * * * * * * **

CIVIL ACTION
NUMBER 69-2443 SECTION "LLM"
AND CONSOLIDATED CASES

MOTION TO AMEND COMPLAINT

Plaintiffs, by their counsel, move the Court to allow

amendment of the original and amended complaint in Estevez v Foti.

USDC No. 88-01162"K"(5), and all cases consolidated therein

pursuant to Rule 15(a) of the Federal Rules of Civil Procedure.

The proposed amended complaint is attached herein.

Undersigned counsel certifies, in accordance with Rule

3.13(a) of the Local Rules, that counsel for the State of Louisiana

have refused to consent to the filing and granting of this motion

to amend.

Respectfully submitted, ,
^? v \

WILL JAM P. ^UIGLEY ; "\ \

Attoi:ney_at Law

-._.. ) J

FuJrton Place - Suite"T'l9

"901 Convention Center Boulevard

New Orleans, Louisiana 70130

(504) 524-0016

Bar Roll #7769

MARK J. LOPEZ NATIONAL PRISON PROJECT
OF THE ACLU FOUNDATION 1875 Connecticut Avenue, NW #410 Washington, DC 20009

(202) 331-0500 Bar Roll #20100000
JANE JOHNSON TULANE LAW CLINIC 7031 Freret Street New Orleans, LA 70118 (504) 865-5153 Bar Roll #7300

Certificate of Service

I certify that a copy of the foregoing 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 *7 day of *y

, 1990.

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON, et al.,

*

Plaintiffs

*

*

VERSUS

*

*

ERNEST N. MORIAL, MAYOR, et al.,*

Defendants

*

*

************

CIVIL ACTION
NUMBER 69-2443
SECTION "LLM" AND CONSOLIDATED CASES

NOTICE OF HEARING PLAINTIFFS' MOTION TO AMEND

Please take notice that Magistrate Alma Chasez will hear the

attached motion to amend complaint on the ^2-6"£h day of September,

1990, at^Jre^o'clock a.m. //

5pect-£u4J.y submitted,
-•To!

WILLIAM P. yiQUIGLEY / \ )

Attorney at Law

( )

Eulton-Place - Suite i'13

"901 Convention Center Boulevard

New Orleans, Louisiana 70130

(504) 524-0016

Bar Roll #7769

CERTIFICATE OF SERVICE
I certify that a copy of the foregoing pleading has been served upon counsel for all parties by mailing the same to each properly addressed and postage prepaid on

MARK J. LOPEZ NATIONAL PRISON PROJECT
OF THE ACLU FOUNDATION 1875 Connecticut Avenue, NW #410 Washington, DC 20036 (202) 331-0500 Bar Roll #20100000
JANE JOHNSON TULANE LAW CLINIC 7031 Freret Street New Orleans, LA 70118 (504) 865-5153 Bar Roll #7300

 
 "•>

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LOUIS HAMILTON
VERSUS ERNEST N. MORIAL

CIVIL ACTION N0- 69"2443 SECTION "LLM"

CONSENT DECREE
This class action, brought on behalf of all present and future inmates housed in the facilities of the Orleans Parish Prison system known as. the Old Parish Prison, House of Detention, Community Correctional Center, Templeman I and Emergency Detention Center, alleges that certain environmental conditions and practices at these facilities violate the United States Constitution. The defendants herein are Charles C. Foti, Jr., Orleans Parish Criminal Sheriff; Sidney Barthelemy, Mayor of the City of New Orleans; Leonard Simmons, the Chief Administrative Officer of the City of New Orleans; Dorothy Mae Taylor, Joseph J. Giarrusso, Peggy Wilson, James Singleton, Jackie Clarkson, Lambert Boissiere, Jr. and Johnny Jackson, all members of the City Council of the City of New Orleans; Richard Stalder, Secretary of the Louisiana Department of Public Safety and Corrections; Rose Forrest, Secretary of the Louisiana Department of Health and Hospitals; and Edwin W. Edwards, Governor of the State of Louisiana.

The allegations in this phase of the case, known as the "conditions phase", are contained in fi 30 - 53 of the Amended complaint filed January 22, 1992. This agreement resolves those allegations. Although the defendants categorically deny the allegations, they believe it will be in the best interests of the r'ty of New Orleans, the State of Louisiana and the members of the plaintiff class for there to be an expeditious, orderly, and comprehensive settlement of this phase of this case without the necessity of a trial. The plaintiffs share this belief. As a consequence, the parties now agree to forego a trial on the merits of the issues as set forth in If 3 0 - 5 3 of the Amended Complaint filed January 22, 1992 and to bring this phase of the litigation to a conclusion by submitting this Consent Decree to the Court for its review and ultimate approval.
The Sheriff maintains that he is currently undertaking the projects and providing the services and programs listed hereinbelow. His entry into this Consent Decree is not intended to indicate that this lawsuit caused or prompted any of these projects, services or programs, all of which were initiated, implemented or planned prior to the initiation of this litigation. His entry into this Consent Decree is intended solely to terminate this litigation and any uncertainties created in connection therewith. This paragraph does not in any way impact upon plaintiffs' contention that attorneys1 fees are due and owing on this aspect of the litigation.

Further, it is not the. intention of the Sheriff in entering into this Consent Decree to provide to any inmates any projects, services or programs which exceed minimal constitutional requirements or to vest in them any liberty interests not currently existing under federal or state law or under federal or state court decisions of courts having jurisdiction over him. Consequently, if federal or state law or jurisprudence is subsequently modified so as to reduce minimal constitutional requirements, or lessen liberty interests, the Sheriff reserves the right to petition this Court for a modification of any or all of the requirements set forth herein so as to properly reflect the changes in federal or state law or jurisprudence.
Additionally, the Sheriff has entered into this Consent Decree based and premised upon continued housing of current levels of state and parish inmates and pre-trial detainees and the continued funding at current levels by the State and City of prisoner per diems as well as other levels of funding, services and obligations of the City and State required by current law and jurisprudence, state and federal, and current state and federal Consent Decrees. If such funding, levels of prisoners, services or other obligations are reduced, the Sheriff reserves the right to petition this Court for a change in the provisions of this Consent Decree to properly reflect the impact that such reduced funding levels, or levels of prisoners or services or obligations, have on his ability to comply with provisions of this Consent Decree.

The City likewise has entered into this Consent Decree based upon its ability to provide current levels of funding and services as well as upon the discharge of obligations and services of all parties hereto as reflected in current law, jurisprudence and current consent decrees, state and federal. The City reserves the right, if such funding or levels of services or obligations are reduced, to petition the Court for a change in the provisions hereof to properly reflect the impact that such reduced funding or level of services or obligations has on its ability to comply with the terms of this Consent Decree.
Notwithstanding any other provision herein, the provisions of Rule 60, Fed.R.Civ.P., shall govern any petition for modification of this consent decree.
With the full and informed consent of the parties, in order to resolve all of the claims asserted in If 30 - 53 of the Amended Complaint filed January 22, 1992, but without any acknowledgment or finding of liability or other determination on the merits, the parties and their successors agree to entry of the following as an order of the court.
The Sheriff will: A. Comply with the State Health Code and reports of the
state health officer; B. Comply with the State Fire Code as interpreted by the
State Fire Marshal and reports of the State Fire Marshal; C. Close the Emergency Detention Center upon completion of
construction of Phase II and Phase III. It is

anticipated that E.D.C. will close on August 23, 1993. D. Provide a storage unit acceptable to the Stare Fire
Marshal for each prisoner;
E. Open the new Lockup unit currently under construction by
June 1, 1994. The Sheriff has already adopted and will continue to enforce a policy that no detainees will spend more than 36 hours in Central Lockup; F. Construction will begin on the new central kitchen currently planned by December 31, 1994. It is anticipated that construction will be completed by December 31, 1996. This facility will be constructed on the site where E.D.C. is currently located, which site is currently owned by the City of New Orleans.
Community Correctional Center: The Sheriff will: 1. Use best efforts to maintain a balanced HVAC system. 2. Complete current renovation of the fire alarm system including wiring, sensors and central panels.
Old Parish Prison: The Sheriff will: 1. Use best efforts to maintain a balanced HVAC system. 2. Complete lighting, plumbing, and other currently scheduled renovations of the A-3 and A-4 Tiers. It is anticipated that this work will be completed by December

31, 1994. 3. Complete currently planned installation on tiers of smoke
barriers with self-locking door enclosures. It is anticipated that this work will be completed by June 30, 1994.
House of Detention: Where indicated, the Sheriff or the City will: 1. City will by September 1, 1993 provide funding for design services by professional consultants for an HVAC system. The City will include funding in its current 5 year capital plan for construction of an HVAC system. Once funding is provided by the City the Sheriff will install this HVAC system. In the event the City Council fails to approve funding for the construction of the HVAC system, plaintiffs reserve the right to petition the Court for an Order requiring the City to provide funding for this project. 2. The Sheriff will complete currently scheduled renovations of unrenovated tiers, said renovations to be substantially similar to renovations already completed on other tiers. It is anticipated that this work will be completed by December, 1995. 3. City will by September 1, 1993 provide funding for design services by professional consultants and for the construction of a fire alarm system. The Sheriff will

install the fire alarm system by January 1, 1994. 4. City will by September 1, 1993 provide funding for design
services by professional consultants and for the construction of smoke barriers with self-locking door enclosures on all levels where inmates are housed (levels three through ten). The Sheriff will install these smoke barriers with self-locking door enclosures by January 1, 1994.
Templeman I: The Sheriff will: 1. Complete . currently scheduled renovations including waterproofing, repair of showers and repainting. It is anticipated that this work will be completed by December 31, 1994. 2. Use best efforts to maintain a balanced HVAC system.
Items A-G, infra, undertaken by the Sheriff and, where indicated in item F, the State, apply to all inmates in the Orleans Parish Prison System except juveniles under juvenile court jurisdiction. A. Recreation; Schedule and conduct, weather and security
permitting, three hours of weekly outdoor exercise for general population inmates. The type of outdoor recreation may be modified for disciplinary purposes but not denied in the entirety.

B. Clothing. Bedding. Personal Hygiene (The term "requesting" in § § 3 and 4, infra, will mean a situation where an inmate's family will not provide the item and the inmate has requested
the item):
1. Provide two sets of uniforms to each inmate. 2. All uniforms will be in serviceable condition. 3. Provide underwear to inmates requesting these items. 4. Provide shoes to inmates requesting shoes. 5. Provide sweatshirts if needed to inmates during cold
months. 6. Provide a bed off the floor for each prisoner who has
left Central Lockup and gone to general population. 7. Provide each prisoner with a serviceable supply of
towels. 8. Provide each prisoner with a serviceable blanket. 9. Provide each prisoner with a serviceable mattress. 10. Establish a laundry system which reasonably insures that
inmates get their laundry back. 11. Provide initially to all inmates, and thereafter as
needed and requested, an adequate supply of hygiene items including a toothbrush, toothpaste or powder, soap, toilet paper and sanitary napkins. 12. Provide an adequate supply of cleaning materials to inmates so that they can clean their bedding and living areas on a weekly basis and clean their mattress upon initial issuance thereof.
8

C« Programming; 1. A.B.E. and G.E.D. classes and substance abuse counseling will be offered to all sentenced inmates. Closed-circuit television programming will be used to provide these services. 2. Inmates will have access to dayrooms or common areas except during counts, lights out or emergency lockdown. 3. Chronological juveniles subject to the jurisdiction of the adult court system will be permitted to receive schooling to the extent that such is required by state law. 4. Provide writing materials and postage to indigent prisoners.
D. Security and Classification: 1. Implement the April 1993 classification policy of the Orleans Parish Criminal Sheriff's Office. 2. Develop and implement policies and procedures governing the use of force by Sheriff's deputies. At a minimum the policy must include: a. written standards establishing when the use of physical force is appropriate; b. a requirement that all use of force incidents be documented and reviewed by the facility warden; c. a system for the Special Investigation Division or the Internal Affairs Division to investigate all allegations of excessive force.

d. when there is an occurrence which, under Sheriff's Office policy, will require the completion of a use of force report, the medical department will be immediately notified after the use of force.
3. Correctional staff must personally observe all maximum and medium security inmates every hour.
4. Require that all prisoners who are physically injured be seen by medical staff and an incident report be made.
E. Disciplinary Practices; 1. Inmates housed in disciplinary units will be allowed one hour out of their cells between 7:00 a.m. and 9:00 p.m. each day. 2. Inmates housed in disciplinary units will be scheduled for and receive, weather and security permitting, one hour per week of outdoor exercise. The type of outdoor recreation may be modified but not denied. 3. Inmates housed in disciplinary units will be allowed access to reading and writing materials. 4. Inmates housed in disciplinary units will be allowed to keep their mattresses during the day. 5. Establish a schedule of offenses and penalties similar to those used in federal, state or large metropolitan institutions.
F. Liaison with D.O.C.: D.O.C. and the Sheriff will establish a system of cooperation in preparation of parole reports and pre-release services for
10

DOC inmates at Orleans Parish Prison. G« Monitoring and Compliance;
1. The Sheriff will provide a written report to the court regarding the state of compliance every six months for two years, thereafter upon plaintiffs1 motion and order of the Court. At the end of two years the Sheriff anticipates filing a motion to close this case.
2. Plaintiffs' counsel can petition for inspection of the facilities on ten days' written notice.
3. The Sheriff will provide quarterly to the court and plaintiffs' attorney a representative sample of grievances and use of force reports and all serious injury reports.

Agreed this Louisiana.

day of Ootobor, 1993 at New Orleans,

USRY & WEEKS
T.ALLEN USRY, T.A. Bar Roll No. 12988 FREEMAN R. MATTHEWS Bar Roll No. 9050 MAUREEN BLACKBURN JENNINGS Bar Roll No. 3100 P.O. Box 6645 2800 Veterans Memorial Blvd. Metairie, LA 70009-6645 (504) 833-4600
Attorneys for Sheriff Foti

CHARLES C. FOTI, JRT ORLEANS PARISJI CRIMINAL SHERIFF

11

MARK J. LOPEZ Bar Roll No. 20100000 EDWARD I.KOREN MOHAMEDU F. JONES
National Prison Project of the ACLU 1875 Connecticut Ave. N.W.
Suite 410 Washington, D.C. 20009 (202) 234-4830 Attorneys for plaintiffs

*.._
GEORGE A/« BLAIJt, I I I
Chief Deputy City Attorney Bar Roll No. 3138 City Hall - Room 2W23 13 00 Perdido Street New Orleans, Louisiana 70112 (504) 565-6222

iARTHELEMY

Attorney for Mayor Sidney Barthelemy, the Chief Administrative Officer of the City of New Orleans and the members
of the City Council of the City of New Orleans

PATRICIA NALLEY "BOWERS Bar Roll No. 3341 Bowers and Bowers Place Saint Charles 201 St. Charles Avenue Suite 2505 New Orleans, Louisiana (504) 522-3340

70170

MT///
7Tfc )IL
RICHARD STAEBER, SECRETARY DEPARTMENT OF PUBLIC SAFETY
& CORRECTIONS

Attorney for Governor Edwards, Secretary Stalder and Secretary Forrest

12

 
 COVER PHOTOGRAPH: A/P WIDE WORLD PHOTOS
1

Joyce Gilson

AUTHORS

National Prison Project of the American Civil Liberties Union
Founded in 1972 by the American Civil Liberties Union (ACLU), the National Prison Project (NPP) seeks to ensure constitutional conditions of confinement and strengthen prisoners’ rights through class action litigation and public education. Our policy priorities include reducing prison overcrowding, improving prisoner medical care, eliminating violence and maltreatment in prisons and jails, and minimizing the reliance on incarceration as a criminal justice sanction. The Project also publishes a semi-annual Journal, coordinates a nationwide network of litigators, conducts training and public education conferences, and provides expert advice and technical assistance to local community groups and lawyers throughout the country.

ACLU National Prison Project 915 15th Street NW, 7th Floor Washington, DC 20005 Tel: (202) 393-4930 Fax: (212) 393-4931 www.aclu.org

CO-AUTHORS & CONTRIBUTORS

American Civil Liberties Union of Louisiana
The ACLU of Louisiana has protected traditional American values as a guardian of liberty since its founding in 1956. Our mission is to conserve America’s original civic values embodied in the U.S. Constitution and the Louisiana Constitution by working daily in the courts, legislature, and communities. We defend the rights of every man, woman, and child residing in this state against attempts by the government to take away or limit civil liberties and personal freedoms guaranteed by the Bill of Rights, as well as federal and state laws. The ACLU of Louisiana provides its services free-of-charge, and without regard to a person’s race, creed, religion, national origin, or sexual orientation.

ACLU of Louisiana P.O. Box 56157 New Orleans, LA 70156-6157 Tel: (504) 522-0617 Toll Free: (866) 522-0617 Fax: (504) 522-0618 www.laaclu.org

American Civil Liberties Union, Human Rights Program
Created in 2004, the ACLU Human Rights Program is dedicated to holding the U.S. government accountable to universal human rights principles in addition to rights guaranteed by the U.S. Constitution. We incorporate international human rights strategies into ACLU advocacy on issues relating to national security, immigrants’ rights, women’s rights and racial justice.

ACLU Human Rights Program 125 Broad Street, 18th Fl.
New York, NY 10004
(212) 549-2500
www.aclu.org

2

AMERICAN CIVIL LIBERTIES UNION

American Civil Liberties Union, Racial Justice Program
The ACLU Racial Justice Program aims to preserve and extend constitutionally guaranteed and other rights to segments of the population that historically have been denied those rights on the basis of race, ethnicity or national origin. Our work involves challenges to racial discrimination and issues that have a direct or disparate impact on communities of color, particularly in the areas of criminal justice, education, and discrimination. In the area of criminal justice, we are dedicated to reducing the unwarranted and disproportionate targeting and incarceration of people of color. In the area of education, we seek to ensure that all children have access to quality education, regardless of race or ethnicity. Specifically, we have filed civil challenges to the inadequate provision of indigent criminal and juvenile defense, pre- and post-9/11 racial profiling, and disparate educational opportunities. We also have done litigation and other advocacy, including public education and community organizing, against the racially disproportionate imposition of incarceration and the school-to-prison pipeline.

ACLU Racial Justice Program 125 Broad Street, 18th Fl.
New York, NY 10004
(212) 549-2500
www.aclu.org

Human Rights Watch
Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy counties around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the human rights of their people. Human Rights Watch contributed to the section of the report on the abuse of prisoners at the Jena Correctional Facility.

Human Rights Watch 350 Fifth Avenue, 34th Floor New York, NY 10118 Tel: (212) 290-4700 Fax: (212) 736-1300 www.hrw.org

Juvenile Justice Project of Louisiana
The Juvenile Justice Project of Louisiana’s mission is to transform the juvenile justice system into one that builds on the strengths of young people, families and communities in order to instill hope and to ensure children are given the greatest opportunities to grow and thrive. Our goals are: • to create and support an effective and innovative juvenile defense system; • to alleviate unconstitutional conditions of confinement for juveniles, both
pre- and post-adjudication; and • to work collaboratively with existing organizations and resources to develop and
expand rehabilitation efforts and alternatives to incarceration for juveniles.

Juvenile Justice Project of Louisiana 1600 Oretha Castle Haley Boulevard New Orleans, LA 70113 Tel: (504) 522-5437 Fax: (504) 522-5430 www.jjpl.org

NAACP Legal Defense and Educational Fund, Inc.
The NAACP Legal Defense and Educational Fund, Inc. (LDF) is America's first not-for-profit civil rights law firm. It's mission is to transform the promise of equality into reality for African Americans and, ultimately, all individuals in the areas of education, political participation, economic justice and criminal justice.
LDF has long been involved in racial justice litigation and advocacy in the Gulf South. LDF's current priorities include seeking to bring justice to African Americans through fair jury selection practices and adequately funded indigent defense systems. Since Hurricane Katrina, LDF has devoted significant resources to working on behalf of the Katrina diaspora, including advocating for voter protection, educational access and criminal justice reform in Orleans Parish. Founded in 1940 under the leadership of Thurgood Marshall, LDF was initially affiliated with the National Association for the Advancement of Colored People but has been an entirely separate organization since 1957. LDF contributed to the section of the report on the abuse of prisoners at the Jena Correctional Facility.

NAACP Legal Defense and Educational Fund, Inc. 99 Hudson Street, Suite 1600 New York, NY 10013-2897 Tel: (212) 965-2200 Fax: (212) 226-7592 www.naacpldf.org

Safe Streets/Strong Communities
Safe Streets/Strong Communities is a coalition of community organizers, advocates and attorneys whose mission is to transform the New Orleans criminal justice system into one that creates safe streets and strong communities for everyone, regardless of race or economic status. Safe Streets envisions a public safety system that: • keeps people safe from all forms of violence and crime including street
violence, domestic violence, and law enforcement violence; • is transparent, democratic, fair and accountable to the community it serves; and • supports community-driven responses to crime that are based in best practices. Safe Streets seeks reform of the New Orleans Police Department, the Orleans Parish jail system, and the Orleans Parish criminal court system, including the indigent defense system, in order to achieve our vision of real public safety.

Safe Streets/Strong Communities 1600 Oretha Castle Haley Boulevard New Orleans, LA 70113 Tel: (504) 522-3949 Fax: (504) 522-5430

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ACKNOWLEDGMENTS
The authors wish to thank the following among the many individuals from various partner organizations who contributed sections of the report: Joe Cook, Executive Director, and Katie Schwartzmann, Staff Attorney for the ACLU of Louisiana; Derwyn Bunton, Associate Director, and Megan Faunce, Youth Advocate, for the Juvenile Justice Project of Louisiana; Ursula Price, Outreach and Investigation Coordinator, Xochitl Bervera, former Interim Co-Director, Norris Henderson, Co-Director, Barry Gerharz, former Legal Coordinator, and Evelyn Lynn, Managing Director, of Safe Streets/Strong Communities; Vanita Gupta, former Assistant Counsel, Olga Akselrod, former Assistant Counsel, Damon, Inc., Todd Hewitt, Assistant Counsel, and Vivian Intermont, Paralegal for the NAACP Legal Defense and Educational Fund; E. Vincent Warren, Senior Staff Attorney, Reginald T. Shuford, Senior Staff Attorney, Laleh Ispahani, Senior Policy Counsel, Nicole Dixon, Paralegal, and Sean Murray, Intern for the Racial Justice Program of the American Civil Liberties Union; King Downing, National Coordinator for the Campaign Against Racial Profiling of the American Civil Liberties Union; Chandra S. Bhatnagar, Human Rights Advocacy Coordinator for the American Civil Liberties Union; Jamie Fellner, Director, and Alison Parker, Acting Director of the U.S. Program for Human

Albert G. Couvillion

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Rights Watch; and Corinne Carey, former Researcher for Human Rights Watch, and now Deputy Director for Break the Chains.
This report focuses on the experience of thousands of individuals who were trapped in Orleans Parish Prison (OPP) during and after Hurricane Katrina, and discusses the nightmare that many of them later faced at various receiving facilities around the state. The authors wish to thank the more than 1300 OPP evacuees who contacted the NPP to discuss their experiences. The same applies to former deputies, staff members, and family members of evacuees who discussed their own experiences during and after the storm. Special thanks are due to the individuals whose experiences and, in some cases, photographs, appear in this report. For many of these individuals it was incredibly difficult to recount what they went through during and after the storm, not only because of the suffering they endured, but also because they lost loved ones as a result of Katrina.
This report could not have been completed without the regular input and guidance the authors received from attorneys and activists on the ground in New Orleans. The difficulty of locating and identifying prisoner-evacuees in the weeks and months after the storm was enormous, and dozens of Louisiana criminal defense lawyers—led by attorney Phyllis Mann—volunteered their time not only to locate these individuals, but also to represent them in court. Among the many on whom we relied, the authors wish to recognize Ben Cohen, Meg Garvey, Mary Howell, Julie Kilborn, Rachel Jones, Katherine Mattes, Pamela Metzger, and Neal Walker. Their work this past year to defend displaced and voiceless Louisiana prisoners in the most difficult of all circumstances served as an abiding inspiration to this report’s authors.
The daunting process of distributing questionnaires to thousands of OPP evacuees who were dispersed to some three dozen prisons and jails across Louisiana was directed by Alicia Gathers, Legal Assistant for the NPP, with the help of NPP staff Gina Bigelow, Larry Caldwell, and Johnice Galloway. It was essential that the authors organize the vast number of letters and phone calls we received from OPP evacuees over the past eleven months. Michael Robinett, a contract attorney for the NPP, began this process soon after Katrina hit. Numerous undergraduate and law school volunteers prepared hundreds of additional summaries, researched discrete legal issues, and interviewed individuals whose stories appear in this report. These volunteers included: Egya Appiah, Iselin Gambert, Meron Hadero, Wendy Heller, Rumbi Mabuwa, Emi MacLean, Eamon Kevin Nolan, Naila Siddiqui, and Steven Siger. The law firm of Steptoe & Johnson, LLP, generously volunteered assistance in designing a database to track OPP evacuee letters, without which it would have been impossible to conduct follow-up interviews with so many of the individuals who stories are contained in this report. Individuals from the ACLU of Georgia, the ACLU of Eastern Missouri, the ACLU of Louisiana, and the ACLU of Texas also volunteered to meet with OPP evacuees and former deputies to obtain their photographs.
The authors also wish to thank Riah Buchanan and Todd Drew, who are responsible for the layout and design of the report, as well as Terence Dougherty, Louise Choi, and Nyasha Laing, who secured all necessary licenses for this report. Many of the above-named individuals, as well as by Barbara Spilka, edited the report.
Simply put, this report would not have been possible without the help, encouragement, and dedication of all of those listed here.
— Eric Balaban, Staff Attorney, and Tom Jawetz, Litigation Fellow National Prison Project of the American Civil Liberties Union
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TABLE OF CONTENTS
Authors .................................................................................................................3 Co-Authors & Contributors.................................................................................3 Acknowledgments ................................................................................................5
Executive Summary ......................................................................................9
Methodology .........................................................................................................9 Recommendations ..............................................................................................10 Recommendations to Local and State Officials ................................................10 Recommendations to Federal Authorities ........................................................11
I. Orleans Parish Prison ............................................................................13
A. The Unchecked Growth of Orleans Parish Prison ....................................13 Fines and Fees..................................................................................................14 B. A Brief History of Problems at OPP ...........................................................14 C. Recent Deaths at OPP .................................................................................15 THE DEATH OF SHAWN DUNCAN ..........................................................................16 D. Racial Justice and OPP ................................................................................17 E. Legal Protections for Prisoners ...................................................................17
1. Domestic Legal Protections .....................................................................17 2. International Legal Protections ...............................................................17
II. Preparing for the Storm .......................................................................19
A. What Makes a Good Emergency Operations Plan? ...................................20 GLYENDALE AND COREY STEVENSON ..................................................................22 B. What Was the Emergency Operations Plan at OPP? .................................23 BRADY RICHARD, MEDICAL SUPPLY OFFICER ......................................................24 The Nebraska Emergency Plan .....................................................................27
III. The Descent into Chaos.....................................................................29
A. The Phones Go Dead ...................................................................................29 B. The Prison Goes into Lockdown .................................................................30 RAPHAEL SCHWARZ .............................................................................................31 C. Power Is Lost and the Generators Quickly Fail .........................................32 D. Abandoned By the Sheriff, Many Deputies Abandon Their Posts............32 DEPUTY RHONDA R. DUCRE .................................................................................34 E. Trapped: Prisoners Remain on Lockdown as Floodwaters Rise...............35 THE DEATH OF IRIS L. HARDEMAN .......................................................................36 ALBERT G. COUVILLION........................................................................................38 F. Food and Water Are Nowhere to Be Found...............................................39 G. Denial of Medical Care ................................................................................39 KEANNA HERBERT ................................................................................................41 THE DEATH OF TYRONE LEWIS .............................................................................44 H. Violence Breaks Out Between Panicked Prisoners....................................45 PEARL CORNELIA BLAND .....................................................................................46 I. Prisoners Attempt to Escape Increasingly Dangerous Conditions............47 QUANTONIO WILLIAMS .........................................................................................48 LEROY P. GARDNER, III .........................................................................................50 J. Officers Use Force to Contain Prisoners Until the Evacuation ................53
Beanbag Guns, Tasers, and Pepper Spray ...........................................53 DEPUTY RENARD REED ........................................................................................55
IV. Leaving Orleans Parish Prison .........................................................57
A. Breakdowns in the Chain of Command ......................................................57 DEPUTY DUANE LEWIS .........................................................................................58 B. The Evacuation Finally Begins ...................................................................59

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JOYCE GILSON .....................................................................................................60 C. Prisoners Were Held for Hours in Central Lock-
Up Before Being Evacuated by Boat...........................................................61 D. Reports of Deaths Inside OPP.....................................................................62
V. The Overpass...........................................................................................65
VI. Juveniles at OPP...................................................................................67
A. The Move to OPP .........................................................................................67 B. Last Meals.....................................................................................................67 ASHLEY AND RUBY ANN GEORGE ........................................................................68 C. Heat, Humidity and No Drinking Water.....................................................69 D. Flooding ........................................................................................................69
1. Inside OPP ................................................................................................69 2. Outside OPP .............................................................................................69 E. No Medical Care ..........................................................................................69 F. Youth Are Beaten by Guards.......................................................................69 G. Arriving at JCY............................................................................................70
VII. Sheriff Gusman’s Denials..................................................................71
VIII. Problems at Receiving Facilities ...................................................73
A. Elayn Hunt Correctional Center.................................................................73 1. Rampant Assaults of Prisoners Abandoned on the Football Field........74
RONNIE LEE MORGAN, JR. ...................................................................................75 2. Lack of Food.............................................................................................76 3. Lack of Medical Attention .......................................................................77
B. Bossier Parish Maximum Security Jail .......................................................77 TIMOTHY ORDON ..................................................................................................78 IVY R. GISCLAIR ....................................................................................................79 C. Ouachita Parish Correctional Center .........................................................80 VINCENT NORMAN ................................................................................................81 D. Jena Correctional Facility............................................................................82 KEITH M. DILLON ..................................................................................................84 E. Not All Bad...................................................................................................85
IX. Business as Usual: The Return of Prisoners to OPP .............87
A. The Sheriff Prematurely Reopens OPP......................................................87 Doing “Katrina Time”: Indigent Defendants Languish in Jails and Prisons Throughout the State ................................................................88 Incompetent Defendants...................................................................................89
1. No Evacuation Plan Can Be Located .....................................................89 2. Adequate Medical Care Is Not Available for Chronically Ill Prisoners ..............................................................................89 3. The Reopened Buildings Remain Damaged and in Need of Repair ......90 4. Severe and Sustained Overcrowding.......................................................90 THE DEATH OF KERRY ANTHONY WASHINGTON ..................................................91 B. The Decision to Reopen Orleans Parish Prison: The Business of Incarceration .....................................................................92
X. Conclusion................................................................................................93
Endnotes .........................................................................................................94
Appendix........................................................................................................109
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Waterline from Hurricane Katrina makes its mark on Orleans Parish Prison

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EXECUTIVE SUMMARY
In the days following Hurricane Katrina, the public was inundated with stories of personal tragedies that were unfolding day by day in the city of New Orleans and throughout the Gulf Coast region. Some reports were of amazing rescues, but much of the coverage focused on the disaster within the disaster—the thousands of men, women, and children left stranded around New Orleans, in their homes, the Louisiana Superdome, and the Convention Center.
But just a few miles away from the Superdome and the Convention Center, another disaster within the disaster was developing at Orleans Parish Prison (“OPP”), the New Orleans jail. During the storm, and for several days thereafter, thousands of men, women, and children were abandoned at OPP. As floodwaters rose in the OPP buildings, power was lost, and entire buildings were plunged into darkness. Deputies left their posts wholesale, leaving behind prisoners in locked cells, some standing in sewage-tainted water up to their chests. Over the next few days, without food, water, or ventilation, prisoners broke windows in order to get air, and carved holes in the jail’s walls in an effort to get to safety. Some prisoners leapt into the water, while others made signs or set fire to bed sheets and pieces of clothing to signal to rescuers. Once freed from the buildings, prisoners were bused to receiving facilities around the state, where, for some, conditions only got worse. At the Elayn Hunt Correctional Center, thousands of OPP evacuees spent several days on a large outdoor field, where prisoner-on-prisoner violence was rampant and went unchecked by correctional officers. From there, prisoners went to other facilities, where some were subjected to systematic abuse and racially motivated assaults by prison guards.
At the time, public officials and traditional news media said little about the OPP prisoners. The first reports from government officials were based on rumors that prisoners had rioted and taken over parts of the jail complex. New Orleans City Council President Oliver Thomas told a local television station that rioting prisoners had taken a deputy, his wife, and their four children hostage.1 Louisiana’s Department of Public Safety and Corrections received a report that prisoners had taken over an armory on the 10th Floor of an OPP building and that a firefight was in progress.2 These

claims, like so many that were repeated in the days after the storm, were never substantiated.3
The first accounts of what really happened at OPP during and after Hurricane Katrina came to light once the prisoners started recounting their experiences to family members, lawyers, and local and national civil rights and human rights organizations. The picture that emerged from all of these accounts was one of widespread chaos, caused in large part by inadequate emergency planning and training by local officials, and of racially motivated hostility on the part of prison officials and blatant disregard for the individuals trapped in the jail.
For many of the prisoners whose stories appear in this report, the nightmare continues to this day. At present, OPP evacuees sit in facilities around the state awaiting long-overdue trials on minor charges. Nearly every day, attorneys discover another prisoner whose case has slipped through the cracks. These are prisoners doing “Katrina time,” as it has come to be known.4 Some prisoners have even been returned to a reopened OPP, which is now overcrowded and dangerous, full of post-Katrina hazards that Orleans Parish Criminal Sheriff Marlin N. Gusman failed to repair in his haste to repopulate the jail.
This report seeks to provide a comprehensive picture of what the men, women, and children at OPP endured before, during, and after the storm. It is written to capture their experiences, so that their voices can be heard.5 In the year since the storm, the Sheriff has denied many of the claims made in this report, at times referring to the OPP evacuees simply as liars,6 and at other times as “crackheads, cowards and criminals.”7 This report is intended to serve as their unified response.
Methodology
The report is the result of an eleven-month investigation by local and national activists and attorneys. In the weeks after the storm, criminal defense attorneys around Louisiana traveled to dozens of jails and prisons to generate lists of prisoners who had been dispersed following Katrina. Based upon these lists, in October and November 2005, the National Prison Project of the ACLU mailed approximately 2000 questionnaires to OPP evacuees in over 20 different facilities; these questionnaires asked prisoners to describe their experiences during and after the storm.8 The ACLU has since received and reviewed written accounts from over 1300 prisoners who were in OPP when Katrina struck.
We, along with each of the co-authors and contributors to this report, have also interviewed hundreds of these and other OPP evacuees, their family members, as well as former OPP deputies and staff. In addition, we have interviewed current and recently released OPP prisoners regarding the living conditions in the reopened OPP buildings, and have reviewed court documents and public records produced as part of federal civil rights lawsuits challenging unconstitutional conditions at the jail.
In general, this report does not cover the experiences of other prisoners in the state of Louisiana who were affected by Hurricanes Katrina or Rita. The one exception is con-

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tained in the section of the report discussing the experiences of prisoners from Calcasieu and Jefferson parishes who endured systemic abuse at the Jena Correctional Facility (Jena), where they were evacuated as a result of Hurricanes Katrina and Rita. Volunteer defense attorneys initially interviewed all of the individuals at Jena. Members of Human Rights Watch (HRW) and the NAACP Legal Defense and Educational Fund, Inc. (LDF) interviewed many of these prisoners a second time.
Recommendations
In order to move forward with a jail that is more cost-effective, humane, and that ensures real public safety, local, state and federal officials should consider implementing the following recommendations:
Recommendations to Local and State Officials
The Orleans Parish Criminal Sheriff’s Office,9 the City of New Orleans, and the State of Louisiana Department of Public Safety and Corrections
Design and implement a coordinated emergency plan to ensure that all prisons and jails are capable of quickly and safely evacuating before the next disaster strikes. An organization such as the National Institute of Corrections is capable of evaluating the emergency preparedness of individual jails and prisons, as well as entire correctional systems. In the months after the storm, the Louisiana Department of Public Safety and Corrections (“DOC”) commissioned the National Institute of Corrections to prepare a Technical Assistance Report (“NIC Technical Assistance Report”) to evaluate, among other things, its performance in assisting Orleans and Jefferson parishes in evacuating their jails. Although the state has refused to release the report to the public, it is encouraging that DOC took the time to learn from the Hurricane Katrina experience.10 To date, it does not appear that the Orleans Parish Sheriff or any other local official in New Orleans has shown a similar interest in evaluating their performance. Only by analyzing—honestly—what happened before, during, and after Hurricane Katrina, will it be possible for New Orleans to respond better when the next hurricane hits.
Downsize the jail by ending the practice of holding state and federal prisoners. On August 29, 2005, the day Hurricane Katrina hit New Orleans, OPP was holding nearly 2000 DOC prisoners.11 This number represented close to one-third of the total OPP population, and three times as many DOC prisoners as were held in any other parish.12 The small amount of money given by the state to OPP to house these people is insufficient to provide them with adequate programming, medical care, or mental health care. Over 200 of the prisoners at OPP during the storm were in federal custody, charged with violations of federal criminal law or federal immigration law.13 Given the tight fiscal situation of the city and the structural problems that are created by housing thousands of prisoners in what should be a county jail, OPP should not be rebuilt to host state or federal prisoners.

Implement reforms to decrease the number of pre-trial detainees held at OPP. Sixty percent of OPP’s population before Hurricane Katrina was made up of individuals held on attachments, traffic violations, or municipal charges,14 such as parking violations, public drunkenness, and failure to pay a fine. Pre-trial diversion programs, bail reform, and citeand-release arrest policies are all examples of possible means by which the city of New Orleans could reduce this population of people at the jail, while both saving money and ensuring public safety.
Convene a Blue Ribbon Commission to develop and implement a full set of recommendations for detention reform. The first step to real reform is to bring together an investigative body comprised of local criminal justice stakeholders and national detention experts to conduct a full assessment of the New Orleans jail system and issue recommendations for reform. These recommendations would include: 1) making population projections at the short-, mid-, and long-term range; 2) identifying the jail capacity needed for the city in light of these projections; 3) assessing how to improve jail conditions and programming; and 4) diagnosing current inefficiencies in the system that inflate both the jail population and the cost of running the facility. Findings from the Blue Ribbon Commission should be reported to the Mayor, City Council, Sheriff’s Department and general public, and act as a blueprint for system reform.
Reduce the use of juvenile detention by exploring viable alternatives to detention. Since the storm, neither of the juvenile detention facilities in Orleans Parish has been reopened to house juveniles. Moreover, since the release of a report detailing the plight of juveniles at OPP during Hurricane Katrina, Sheriff Gusman has pledged to no longer house juveniles at OPP. However, just weeks later, the City of New Orleans instituted a curfew for juveniles, and quickly began detaining juveniles.15 For most kids, there is little risk that they will commit a new offense before their court date or that they will fail to appear for court.16 Therefore, there is no public safety need served by locking children up wholesale before their trials. Adopting alternatives could result in youth being held in smaller, more therapeutic facilities. It would benefit both the children and their communities for officials to work with school systems to ensure that schools are not referring youth to the police for incidents that can be handled by the school or community. Children can be treated within their communities through a number of programs. By locking a child in detention, especially an overcrowded detention center, the risks for suicidal behavior and psychiatric illnesses are increased.17 Furthermore, youth are removed from many of the safety nets that help them cope, such as family, school, and community supports.18 It has been shown that treating most children in their communities does not compromise public safety and may in fact help improve it by reducing recidivism.19
Begin to view detention as a process rather than a place. Detention as a process refers to graduated levels of supervision and considers custody an act, rather than a physical placement. This concept moves detention beyond the notion

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of a single building, and instead embraces a wide variety of services in the community. Viewing detention as process opens the door to more alternatives and allows officials to be more flexible, assigning levels of supervision to fit the particularized needs and risks of each offender. Many of the problems with the detention system stem from overcrowding. This is a common scenario in detention systems across the country. Overcrowding can affect the quality of basic services, such as medical and mental health care, and is the driving factor that leads to prisoner-on-prisoner violence. While simply addressing the issue of overcrowding will not solve all the problems, it will begin to make solving other problems a bit easier. By embracing the concept of detention as a process and developing effective alternatives to detention, Orleans Parish can begin to address overcrowding and avoid the onerous task of evacuating 6000+ prisoners.
Appoint an Independent Monitor. The Sheriff’s Office should establish an Independent Monitor Office to review OPP policies, procedures, critical incidents, complaints and quality of complaint investigations. The Independent Monitor should make regular reports of its findings and recommendations to the public, elected officials and OPP staff.

called for the Civil Rights Division of the U.S. Department of Justice to conduct an independent and impartial investigation into the conduct of the state corrections staff at Jena. HRW and LDF sent a letter to the Justice Department on October 7, 2005, asking for an investigation into the abuses that took place at Jena in the aftermath of Hurricane Katrina.20 On November 1, 2005, the special litigation section of the Justice Department responded that because the Jena facility had already been vacated, they were not authorized to conduct a civil investigation of the facility. The letter also noted that the Criminal Section requested that the FBI investigate the abuse allegations.21 To date, no findings from an investigation have been made public. Such an investigation should be undertaken, and it ought to include, but not be limited to, the treatment prisoners received at OPP, Hunt Correctional Center, Bossier Parish Maximum Security Jail, Ouachita Parish Correctional Center, and Jena. Any investigation should include interviews with prisoners who were at the facilities during the reported abuses, and findings from such an investigation should be made public.

State of Louisiana Department of Public Safety and Corrections

Work with local officials to implement a coordinated emergency response plan that works across departmental boundaries. Much of the responsibility for the chaos that ensued at OPP after Katrina can be laid at the feet of local officials, who failed to prepare for the storm and its aftermath. However, it is clear that the problems for OPP evacuees did not end when they left New Orleans. The safe and orderly evacuation of thousands from OPP requires a coordinated effort by officials on all levels of government. The state must ensure that there is a clear line of command and communication among state and local officials, that all necessary equipment, vehicles, and personnel are available in the event of an evacuation, that personnel have been trained through disaster drills, and that the receiving facilities are prepared to accept evacuees.

Conduct regular audits of local jails holding state prisoners. As outlined in this report, the problems at OPP began long before Katrina struck. The state has a responsibility to ensure that its prisoners who are in OPP and other local jails are provided with the minimal necessities required under state and federal law. In particular, the State Fire Marshal must conduct regular inspections to ensure that adequate fire and emergency evacuation procedures are in place, and that staff are trained in these procedures.

Recommendations to Federal Authorities

United States Department of Justice

Commence an investigation into the treatment of prisoners at OPP and at various receiving facilities, to discover whether human and civil rights violations occurred. Following their interviews with prisoners at Jena, HRW and LDF

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Orleans Parish Prison Intake Processing Center after the storm

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I. ORLEANS PARISH PRISON
A. The Unchecked Growth of Orleans Parish Prison
Long before Hurricane Katrina changed the landscape of New Orleans, the term “Orleans Parish Prison” referred not to a single jail building, but rather to the set of some twelve buildings: Central Lock-Up, the Community Correctional Center (“CCC”), Conchetta, Fisk Work Release, the House of Detention (“HOD”), the Old Parish Prison, South White Street, and Templeman buildings I through V.
The jail buildings are all located in downtown New Orleans, in an area commonly called Mid-City. Each building is within several blocks of Interstate 10 and the Broad Street Overpass that rises above the Interstate. The Louisiana Superdome is approximately one mile to the southeast of the jail complex, and the Convention Center is approximately three miles away.
Built in 1929, the Old Parish Prison is the oldest of the OPP buildings. Designed to house from 400 to 450 people, the number of prisoners held there increased over time, while the facility remained the same size.1 In order to deal with the increasing population, other OPP buildings were constructed. In 1974, when Charles Foti was elected Sheriff, OPP had a population of about 800 prisoners. By the time Sheriff Foti left his position 30 years later, OPP’s capacity had increased more than tenfold to approximately 8500 prisoners.
Before Katrina, OPP housed nearly 6500 individuals on an average day. Although New Orleans is only the thirtyfifth most populous city in the United States, this made OPP the ninth largest local jail.2 OPP housed even more people than the notorious Louisiana State Penitentiary at Angola (“Angola”), which at 18,000 acres is the largest prison in the United States.3 With a pre-Katrina incarceration rate of 1480 prisoners per 100,000 residents, New Orleans had the highest incarceration rate of any large city in the United States— the incarceration rate was double that of the United States as

a whole, a country with the highest national incarceration rate in the world.4
What makes OPP’s massive expansion so surprising is the fact that it happened during a period of time when the population of Orleans Parish decreased by over 100,000 people. During Sheriff Foti’s tenure, the capacity of OPP increased nearly 1000% (from 850 to 8500), while the population of Orleans Parish decreased over 18% (from over 593,000 in 1970 to under 485,000 in 2000).5
Prior to Hurricane Katrina, 60% of OPP’s population on any given day was made up of men and women arrested on attachments, traffic violations, or municipal charges6 — typically for parking violations, public drunkenness, or failure to pay a fine. Most of the prisoners at OPP were pre-trial detainees, meaning they had not been convicted of any crime. Thus, aside from its enormous size, OPP’s population made it resemble a local jail rather than a prison, which generally holds individuals convicted of crimes that carry a sentence of more than one year of incarceration.7
As OPP’s population exploded, the categories of persons held at the jail changed. In 1970 there were only four to ten women in the jail at any given time. At the time of Hurricane Katrina, OPP held approximately 670 women.8
Like women, juveniles were also initially held in the Old Parish Prison. Over time, the juvenile population was divided between the Conchetta Youth Center (“CYC”), which was part of the South White Street facility of OPP, and the cityowned Youth Study Center (“YSC”). Children who were being tried as adults were housed alongside adult prisoners.
In the mid-1970s, OPP began to house prisoners on behalf of Louisiana’s DOC. These prisoners had already been convicted, and were awaiting bed space in the state’s prisons. DOC decided to place some of its prisoners in local jails in response to an April 1975 federal court order concluding that the conditions of confinement at the state’s overcrowded prisons violated the United States Constitution.9 This arrangement was initially proposed as a short-term solution to the state’s overcrowding problems; once new dormitory beds were added to the Louisiana State Penitentiary at Angola, the state prisoners were supposed to be transferred back into DOC custody. This never happened. “Sheriffs became accustomed to the cycle: a new prison would open, most of the state prisoners would be taken from the jails and then, inexorably, like flood waters rising toward the top of the levee, the numbers would begin to inch upward again, each time reaching higher than the time before.”10
The decision to accept state prisoners exacerbated the serious overcrowding that already existed throughout Louisiana’s large jails. This was especially true of OPP, which was facing a lawsuit filed several years before the courts ever turned their attention to the problems of the state prison system.11 In April 1980, Sheriff Foti drew attention to the overcrowding caused by housing state prisoners at OPP by driving 147 state prisoners to Elayn Hunt Correctional Center in St. Gabriel, Louisiana, and abandoning them in the parking lot.12 This would not be the last time that prisoners from OPP would be dumped at Hunt.
Three years later, in order to deal with overcrowding in the jail’s buildings, Sheriff Foti constructed the Emergency Detention Center, known locally as “Tent City.”34

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“[S]urrounded by a 10-foot chain link fence topped with rolled barbed wire,” Tent City was “a military-like compound of canvas tents” that exposed prisoners to the elements yearround and was both unsanitary and overcrowded.14Although Tent City was supposed to stay open for only 60 to 90 days (hence, the use of the word “emergency” in the name), the tents remained in use for ten years.15
To compensate local jails for the costs of housing state prisoners, DOC makes a per diem payment to local sheriffs based upon the number of state prisoners housed locally. Initially, the state paid local sheriffs $4.50 per day per prisoner, but this number has steadily increased over time.16 At present, the state reportedly pays Sheriff Gusman $24.39 per day per state prisoner housed at OPP,17 $2.00 more than the City of New Orleans pays Sheriff Gusman for housing its own prisoners.18 Because state prisoners represent a source of income, local sheriffs have an incentive to make bed space available to them, either through expansion of prison buildings, or creative housing arrangements.
At the time of the storm, OPP housed nearly 2000 state prisoners.19 Some of these men and women were enrolled in drug and alcohol treatment programs as a condition of probation.20 These men and women were eligible to be released once they completed their rehabilitation programs, and therefore they were more akin to patients than prisoners.
OPP also rents bed space to the U.S. Marshal’s Service to house federal prisoners. Some of these prisoners are charged with violations of federal criminal law. The remainder are federal immigration detainees who are not charged with any crimes. Over 200 federal detainees were housed in OPP when Katrina struck.21
B. A Brief History of Problems at OPP
The problems at OPP did not begin with Hurricane Katrina. OPP has a long history of cruelty and neglect toward its prisoners.29 In 1969, a prisoner named Louis Hamilton filed a class action lawsuit on behalf of all of the individuals in OPP

regarding their living conditions at the jail. By 1970, the Old Parish Prison was routinely housing from 800 to 900 people at a time, despite the fact that the building was designed to hold half that number.30 In June 1970, a federal court concluded:
the conditions of confinement in Orleans Parish
Prison so shock the conscience as a matter of elemen-
tal decency and are so much more cruel than is nec-
essary to achieve a legitimate penal aim that such
confinement constitutes cruel and unusual punish-
ment in violation of the Eighth and Fourteenth
Amendments of the United States Constitution.31
The court’s conclusion was based on a set of findings regarding horrific conditions at the jail too numerous to list here. Among them, the court found that due to overcrowding, many prisoners were given filthy mattresses, and were told to sleep either on the floor of their cell, or in the aisles between beds in the jail’s dormitory units.32 The court also found that medical care was “woefully inadequate,” and that the “combined effects of the fearful atmosphere and crowded and sordid living conditions has a severe effect on psychotics, often causing those transferred to the prison from mental hospitals to be returned to the hospitals.”33 Mentally ill prisoners were occasionally shackled to the bars in a hallway by the main gate.34 Interestingly, the court also found that “[a]ll of the inmates are in constant danger of losing their lives should a fire occur in the prison.”35
Since 1969, the Hamilton class action has been modified to address continuing problems that have arisen at each of OPP’s new facilities. The ACLU entered the case as class counsel in 1989, and obtained court-ordered consent decrees addressing several of the biggest ongoing problems at the jail, including substandard medical care and environmental hazards. In 1994, women prisoners filed a separate lawsuit regarding their living conditions at OPP. They complained

FINES AND FEES
Under Louisiana’s Code of Criminal Procedure, any defendant who is convicted of a crime is liable for all costs incurred in the trial, even if the court does not assess the costs.22 Where a court imposes a sentence that includes payment of a fine or costs, a defendant faces additional incarceration for failure to pay.23 In many cases, indigent defendants charged with petty offenses agree to plead guilty to minor charges in exchange for time served. As part of the sentence, they are assessed fines and fees, which may total $40 per month for up to five years.24 According to one local attorney, this “creates a cycle of incarceration where poor people are routinely sent back to jail for no other offense, except that they couldn’t pay their fines and fees.”25
Some of the prisoners who were in OPP during the storm were there simply because of unpaid fines and fees. Many still were held for months after the storm, lost in a dysfunctional criminal justice system that was virtually destroyed by Katrina. For example, Greg Davis was in OPP during the storm, and was released in March 2006 only after law students from the Criminal Defense Clinic at Tulane Law School took on his case.26 When the law students met Mr. Davis, he had no idea why he was still being held in prison.27
The reason: $448 in overdue court fines.28

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that they were kept shackled while in labor, and one female prisoner alleged that she was denied a gynecological examination despite the fact that she bled for 30 days after giving birth.36 That case, Lambert v. Morial, was subsequently consolidated with the Hamilton suit.37
Immigration detainees at OPP have also endured horrific conditions. In a 1998 report by Human Rights Watch, immigration detainees at OPP provided “[s]ome of the most disturbing and consistent complaints of inhumane conditions,” including being subjected to excessive force by deputies, receiving inadequate medical care, and being denied visits with their lawyers.38 Upon arriving at Central Lock-Up, one detainee explained: “I thought I’d gone to hell,”39 An attorney remarked, “it’s easier to visit my clients on death row than it is to visit an INS detainee at Orleans Parish Prison.”40
Juveniles housed in OPP’s CYC faced similar problems to the adult prisoners. In 1993, the Youth Law Center filed a lawsuit on behalf of CYC juveniles, alleging that they were physically abused, denied educational programs and medical and mental health care, housed in unsafe environmental conditions, and denied visits.41 That same year, the Magistrate Judge handling the Hamilton case held a hearing to investigate continuing reports that deputies were physically abusing juveniles at CYC. After interviewing several juveniles, the court personally addressed 33 deputies who worked at the facility. “Now, frankly, I am sick of having to come over here and deal with this issue that there has been mistreatment of juveniles in this facility,” she said.42 The court went so far as to explain basic principles to the deputies, such as:
If [juveniles] stand up and bad mouth you and curse
you, that does not give you an excuse to hit them in
the face. If they do something else that is provocative,
that does not give you an excuse to kick them, to hit
them, or to do anything other than to bring them to
disciplinary, that’s what disciplinary is there for.43
Ten days later, the court entered an order against all 33 deputies she had chastised, prohibiting them “from, in any way, violating the civil rights of any juvenile inmate either now or in the future to be housed in the Conchetta facility of the Orleans Parish Prison system.”44 The Youth Law Center lawsuit later was settled after the first day of trial, resulting in a number of changes, including a 50% reduction of the population and increased educational opportunities for juveniles.45
Despite the Hamilton court’s order, and the Youth Law Center settlement agreement, both CYC and YSC remained violent and dangerous. Conditions were so poor that in 1997, the New York Times called the Orleans Parish juvenile justice system the worst in the nation.46 In June 2002, a 16-year-old boy held at CYC complained that that “guards hit kids and threaten to beat them up . . . guards beat kids up every day.”47 When interviewed by Juvenile Justice Project of Louisiana (“JJPL”), he was very upset about having had to wear the same underwear for three days in a row.48 Children also reported that staff failed to protect them from violence by other children. One 14-year-old boy told JJPL that CYC staff members did nothing to protect him from the threats of other children; he stayed in his cell all day to avoid being

injured.49Among the problems one 15-year-old boy had to endure were routine strip searches and awful food.50 He also reported that the rat-infested detention center made his “nerves bad.”51
C. Recent Deaths at OPP
Many of the problems at OPP in the years preceding Hurricane Katrina were remarkably similar to those found to “shock the conscience” of the trial court judge in 1970. In June 2004, two OPP deputies allegedly beat to death a man named Mark Jones after he was picked up for public drunkenness. According to a lawsuit filed by Mr. Jones’s father, during processing at the jail, one deputy “grabbed Mr. Jones by the neck with sufficient force to result in a fracture of Mr. Jones’[s] thyroid cartilage and other injury to his neck.”52 A short time later, a second deputy allegedly punched Mr. Jones in the face, “causing severe head trauma, including the laceration of Mr. Jones[’s] vertebral artery, damage to his brain and bleeding from his nose, mouth and head.”53 Rendered unconscious by these attacks, Mr. Jones was taken to the hospital, where he was declared brain dead just one day after his arrest.54 Both deputies were indicted by a grand jury, one on a charge of manslaughter and the other on a charge of battery.55
A number of OPP prisoners have also died in recent years from medical conditions that appear to be entirely treatable. In October 2004, an OPP prisoner died of a ruptured peptic ulcer. According to the Orleans Parish coroner, the man probably writhed in agony for twelve hours before his death.56 Members of the public organized a rally to highlight the problems with medical services at OPP after another prisoner died in February 2005 of tuberculosis, and an OPP deputy died of pneumonia two weeks later.57 On the same day as the rally, an OPP prisoner died of bacterial pneumonia.58 In April 2005, a 64-year-old prisoner with health problems died nine days after his attorneys complained that he was not receiving his proper medications, and the following month a prisoner with a history of health problems died at Charity Hospital while receiving kidney dialysis.59 In the two months preceding Hurricane Katrina, two more prisoners died while under medical observation at OPP.60 Another prisoner is believed to have died the day before Hurricane Katrina hit New Orleans, although no information is currently known about his death.61
OPP has also had major problems with the provision of mental health care. In 2001, a young man named Shawn Duncan entered OPP on traffic charges. Identified as suicidal, Mr. Duncan was placed in HOD’s 10th Floor mental health tier. During his seven days at OPP, Mr. Duncan was twice placed in five-point restraints: in a bed, his arms were strapped down at his wrists, his legs strapped down at his ankles, and a leather belt was strapped across his waist, completely immobilizing him. The second time he was placed in restraints, he was left largely unsupervised for 42 hours and died of dehydration.62

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THE DEATH OF SHAWN DUNCAN

A prisoner in five-point restraints is secured to a bed by
In five- straps on his arms, legs, and across his waist. point restraints, a person cannot eat, drink, move, or relieve himself without the attention and care of correctional and medical staff. Mr. Duncan remained in five-point restraints

for nearly 24 hours, during which time he was not properly

S hawn Duncan, a 24-year-old resident of New Orleans, was arrested on August 2, 2001 for various traffic offenses.63 Mr. Duncan notified the arresting officers that he had ingested several valiums and Somas, and was transported to the Medical Center of Louisiana at New Orleans, where he was treated in the emergency room.64 He was discharged from the hospital to OPP with a diagnosis of drug overdose and suicidal ideation, and a recommendation for “Psych followup.”65
Upon entering OPP, Mr. Duncan was housed in the psychiatric ward on the 10th Floor of HOD.66 He was immediately placed in four-point restraints, and was later placed in five-point restraints.67 A prisoner in five-point restraints is secured to a bed by straps on his arms, legs, and across his waist. In five-point restraints, a person cannot eat, drink, move, or relieve himself without the attention and care of cor-

examined by medical staff, nor given enough water.

rectional and medical staff. Mr. Duncan remained in five-point restraints for nearly 24 hours, during which time he was not properly examined by medical staff, nor given enough water.68
Two days after being released from restraints, Mr. Duncan was again placed in five-point restraints.69 The physician who ordered Mr. Duncan back into five-point restraints never examined him prior to giving this order.70 After 12 hours, a second physician ordered that Mr. Duncan remain in five-point restraints for an additional 12 hours; this doctor also did not examine Mr. Duncan.71 Nine hours later, yet another doctor finally examined Mr. Duncan, but failed to note that he had received no fluids for the past 21 hours, had

not been allowed to use the bathroom, and had not been released from the restraints for range-ofmotion or circulation checks.72 The doctor ordered that Mr. Duncan’s restraints be continued with no time limit specified.73
Over the next 22 hours, no doctor examined Mr. Duncan. The deputies who were charged with checking Mr. Duncan every 15 minutes failed to perform their duties.74 They never responded or called for medical attention when Mr. Duncan began “cursing, yelling or screaming.”75
Mr. Duncan remained in five-point restraints for over 42 hours straight.76 On August 10, 2001, another prisoner noticed that Mr. Duncan was not breathing.77 That

prisoner notified the nursing staff, and Mr. Duncan was later declared dead at Charity Hospital.78 The cause of death was dehydration.79 During the autopsy, Mr. Duncan was described as “gaunt in appearance, with his abdomen and eyeballs sunken in.”80 His weight was 158 pounds. Just three days earlier he weighed 178 pounds.81 Mr. Duncan received fluids once during the entire 42-hour period when he was in five-point restraints. Logs maintained by the deputies on duty indicate that Mr. Duncan was monitored every 15 minutes, and that he regularly ate food. However, at his autopsy, there was no evidence that Mr. Duncan had ingested any food during this period.82 Mr. Duncan’s mother and two children filed a lawsuit following his death. The Sheriff’s office settled the lawsuit in 2004 with an agreement that the terms of the settlement remain confidential. I

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Less than two years later, another suicidal OPP prisoner died while restrained in the exact same cell where Shawn Duncan died.83 The prisoner, Matthew Bonnette, was placed on suicide watch in HOD’s 10th Floor psychiatric unit after he threatened to harm himself during his arrest. Although Mr. Bonnette was on suicide watch, deputies left him in a cell where they could not keep him under close and constant watch.84 Mr. Bonnette was confined in four-point restraints, his wrists handcuffed and latched to a waist belt and his ankles shackled.85 Twelve hours after Mr. Bonnette was placed in the cell, another prisoner notified deputies and nurses that Mr. Bonnette was hanging from the upper bunk and appeared to be dead.86 Mr. Bonnette hanged himself with a leather belt that inexplicably had been left in his cell.87 Just over three weeks before Hurricane Katrina hit OPP, yet another prisoner in the mental health tier committed suicide by hanging.88
D. Racial Justice and OPP
Hurricane Katrina exposed the deep racial divisions that have long existed in New Orleans. The city is one of the most segregated metropolitan areas in the country,89 and its criminal justice system reflects this fact, from the disproportionate targeting of African-American residents by its police department to the over-incarceration of African-Americans in its jail. The New Orleans Police Department (“NOPD”) in particular has a longstanding history of racism and brutality. In 1980, a mob of white cops rampaged through a black section of the city in retaliation for the murder of a police officer, killing four people and injuring as many as fifty. According to reports, people were tortured and dragged into the swamps to face mock executions.90 In 1990, a black man accused of killing a white officer was beaten to death by officers who had gathered to wait for him at the hospital to which he was transported; no officers were criminally prosecuted or administratively sanctioned.91
These incidents, which would be termed a race riot and a lynching if performed by private citizens, are merely the most sensational examples of the department’s racially discriminatory practices. The NOPD also has faced repeated accusations of racial profiling.92 The number of complaints of police violence and unwarranted stops and arrests of black citizens recently reached such proportions that in April 2006, the ACLU of Louisiana filed a state Public Records Act request with the NOPD seeking information on racial profiling and police misconduct, and urged systemic reforms of the department.93
Institutional racism and the targeting of African-Americans by the NOPD have resulted in the over-incarceration of African-Americans in OPP. OPP itself is but one product of a larger pattern of racially differentiated incarceration practices in the United States. For example, while only 12.3% of American citizens are black, they make up 43.7% of the incarcerated population across the country.94 In 2005, the incarceration rates for black males of all ages were 5 to 7 times greater than for white males in the same age groups.95 Prior to Katrina, an astonishing 12% of all black males in their late twenties were in prison or jail in the United States.96 In Louisiana, which has the highest incarceration rate of any state, the black incarceration rate at state prisons

and local jails was 4.7 times higher than the white rate in 2005.97 Orleans Parish was no exception: although the parish itself was only 66.6% black prior to Hurricane Katrina, almost 90% of the OPP population was black.98
Racial considerations pervade every aspect of the OPP story, from the administrative decision not to evacuate the prison population to the mistreatment of individual prisoners in the weeks that followed. Endemic racial tensions played a central role in the disaster that unfolded following Hurricane Katrina. The testimonials of prisoners, staff, and deputies depict a situation marked not only by chaos and mismanagement, but also by racially motivated hostility on the part of prison officials.
E. Legal Protections for Prisoners
1. Domestic Legal Protections
The state’s power to imprison its citizens carries with it the duty to provide for their basic needs.99 The Eighth Amendment of the U.S. Constitution, which prohibits the infliction of cruel and unusual punishment,100 protects prisoners from the deprivation of food, clothing, shelter, medical care, and reasonable safety.101 The Eighth Amendment is violated when the state shows “deliberate indifference” to conditions that pose a substantial risk of serious harm to prisoners.102
From the outset, the lack of preparedness demonstrated by OPP officials raises serious constitutional concerns, as does the chaos that followed, both at OPP in the days following the storm and at various receiving facilities in the weeks and months after the evacuation. Prison officials failed to meet their constitutional duty to adopt adequate emergency procedures and evacuation plans to protect prisoners from dangerous conditions or natural disasters.103 Prison officials also failed to provide prisoners with adequate food and water,104 and held them in unsanitary and hazardous conditions that posed a serious risk to their health and safety.105 Prisoners were subject to unnecessary and wanton infliction of pain by deputies and staff, in violation of the Eighth and Fourteenth Amendments.106 Prison officials also failed to meet their legal duty to protect prisoners from physical and sexual violence from other prisoners,107 and failed to provide adequate medical treatment to prisoners during and after the storm.108 Seriously mentally ill prisoners likewise did not receive adequate mental health care, as the Constitution requires.109
Prison officials at OPP and at several receiving facilities may have also violated constitutional and statutory prohibitions on racial discrimination. Specifically, the direct participation of prison officials in race-based violence and abuse at several other Louisiana prisons likely constitutes a violation of the Fourteenth Amendment and the 1964 Civil Rights Act. In addition, the brutal mistreatment of black prisoners at several receiving facilities may also have violated state and federal hate crimes statutes.
2. International Legal Protections
The violations of prisoners’ rights that are detailed in this

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report also implicate several human rights instruments.110 Many of these rights revolve around a tenet of human rights law that is absent from U.S. constitutional law: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”111 This principle was ignored from the very beginning, when the welfare of the prisoners was not given its due, to the present day, when evacuees continue to sit in jail on minor charges— or no charges at all—without any ability to speak with a lawyer or appear before a judge.
In the days before the storm, phones were cut off, preventing prisoners from communicating with loved ones about their plans for evacuation. This problem was repeated at some receiving facilities, when prisoners were prevented for months from using the phones to locate family members. This denial of contact with family contravenes international protections,112 particularly when it comes to the children who were separated from their parents during and after the storm.113 Additional violations occurred in the mixing of juveniles with adults at several of the buildings during the storm.114
International principles prohibit the denial of food and water that prisoners in OPP experienced for days,115 and require that prisoners receive proper medical attention.116 The unsafe and unsanitary conditions in which OPP prisoners were forced to live inside the jail and at various receiving facilities violate several human rights standards.117 International treaties also prohibit the kind of violence against prisoners that occurred at OPP and elsewhere.118 At no time would the macing or beating of prisoners without instigation be permissible, storm or no storm; these norms cannot be avoided. The racial discrimination that prisoners faced at OPP and at several receiving facilities is universally prohibited by international norms.119

Most OPP buildings remain abandoned nearly one year after Hurricane Katrina

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II. PREPARING FOR THE STORM
“We’re going to keep our prisoners where they belong.” 1
In the days leading up to Hurricane Katrina’s landfall, local, state, and federal officials were taking steps to prepare for the storm.2 According to a report issued by the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, the Federal Emergency Management Agency took efforts that “far exceeded any previous operation in the agency’s history.”3 On Saturday, August 27, Louisiana Governor Kathleen Babineaux Blanco asked President Bush to “declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing.”4 Later that day, the President declared an emergency for the state of Louisiana.5 The next day, Governor Blanco again wrote to President Bush, asking that he “declare an expedited major disaster for the State of Louisiana as Hurricane Katrina, a Category V Hurricane, approaches our coast . . . beginning on August 28, 2005 and continuing.”6 The next day, President Bush declared a major disaster for the state of Louisiana.7
The evacuation of southeastern Louisiana began on Saturday, August 27. Governor Blanco and Louisiana state agencies implemented an emergency evacuation plan that called for communicating with the public and opening up roadways on major highways to avoid congestion (the “Contraflow Plan”).8 Although several parishes called for mandatory evacuations, and New Orleans Mayor C. Ray Nagin declared a state of emergency for the city, the Mayor did not order a mandatory evacuation of Orleans Parish. Instead, he recommended only that people living in certain areas of the city begin to evacuate.9
On the morning of Sunday, August 28, Governor Blanco and Mayor Nagin called a press conference at which the Mayor declared the first mandatory evacuation of New Orleans in the city’s history. Mayor Nagin recognized that the city was “facing a storm that most of us have feared,” and he emphasized, “the first choice for every citizen is to figure out a way to leave the city.”10
Mayor Nagin’s mandatory evacuation order for Orleans Parish excluded “[e]ssential personnel of the Orleans Parish criminal sheriff’s office and its inmates.”11 When the Mayor began to field questions, he was asked about the decision not to evacuate the prisoners in OPP. Mayor Nagin referred the
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question to Sheriff Gusman, who responded: “[W]e have backup generators to accommodate any power loss. . . . We’re fully staffed. We’re under our emergency operations plan. . . . [W]e’ve been working with the police department— so we’re going to keep our prisoners where they belong.”12
One day earlier, across town from OPP, the Louisiana Society for the Prevention of Cruelty to Animals (“LSPCA”) made a different decision regarding the welfare of the 263 stray pets that were in their care.13 Despite the fact that on Saturday morning the wind had not yet begun to blow, LSPCA staff

packed up all of the animals and evacuated them to safety. Before doing so, they took digital photographs of every single animal.14 LSPCA staff “made sure each pet’s paperwork was in order. And we IDed each collar; we had a tracking system in case any animal got separated from their paperwork.”15 Although the process of moving 263 dogs and cats was difficult, the decision to evacuate was not; the animal shelter’s emergency policy unambiguously required an evacuation “for Category 3 hurricanes and above.”16

A. What Makes a Good Emergency Operations Plan?

Having an emergency preparedness plan is critical for both public and private institutions, particularly prisons and jails, which “are responsible for the safety of large numbers of individuals who are usually locked up and cannot protect themselves in many emergency situations.”17 In 2005, the U.S. Department of Justice, National Institute of Corrections, published A Guide to Preparing for and Responding to Prison Emergencies (the “NIC Guide”).18 The NIC Guide contains a self-audit checklist of hundreds of questions that a facility’s commanders should ask to assess the facility’s emergency readiness. The questions address a prison’s written policies, its training practices, and the organizational structure needed to maintain command and control. The checklist is intended to serve a variety of functions, such as providing “management with an objective assessment of the progress and status of the emergency system” and creating an “opportunity to evaluate or reevaluate resource allocation.”19 The “ultimate goal” of an audit is to “improve the system.”20 The self-audit checklist contains questions regarding:

EMERGENCY GENERATORS21 • Is there an emergency generator? • Is the emergency generator adequate to run critical areas of the institution and critical equipment safely for 24 hrs? • Are staff trained to know which systems will be run on emergency power and which will be inoperable during a main power outage? • Do all emergency generators have sufficient fuel to run for a minimum of 72 hours continuously? • If the emergency generators must be started manually in the event of a main power outage, are there staff on duty on a 24-hour basis who are trained to start and operate those generators?
OFFSITE EVACUATIONS22 • Is there an offsite evacuation plan?
If yes, does the offsite evacuation plan include the following: • Potential destinations? • Specific transportation alternatives? • Security procedures during evacuation? • Which inmate records must be moved with inmates? • Procedures for providing medical services during and after the evacuation? • Provisions for coordinating with local and state police during the evacuation? • Arrangements for meal services at the new location? • Arrangements for inmate identification and count at the new location? • Arrangements for housing and security at the new location? • Predetermined evacuation routes? • Procedures for protection or destruction of confidential records that cannot be evacuated?
MEDICAL SERVICES23 • Is there a comprehensive medical plan for an institutional emergency? • Does the plan include mass casualties/triage? • Are staff trained in blood-borne pathogen precautions? • Is a location other than the infirmary identified for mass casualties/triage? • Does the institution have an emergency-equipped medical crash cart? • Are there adequate numbers of gurneys? • Are backup medical resources for emergencies identified in the community?

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The NIC Guide contains a separate checklist to test a prison or jail’s readiness to prepare for and respond to natural disasters. Natural disasters are different from other types of emergencies, because the proper response may require an offsite evacuation of the entire prisoner population. Given the unique challenges raised by natural disasters, a special degree of preparation is also needed. The natural disaster checklist contains additional questions regarding:
GENERAL CONSIDERATIONS24 • Does the institution have policies in place specific to natural disaster planning, response, and recovery operations? • Does the institution conduct routine training in natural disaster response, including drills and exercises? • Does the institution have current mutual aid agreements with outside agencies to coordinate response activities during a natural disaster? • Does the institution have emergency response plans and checklists specific to natural disaster response? • Has the institution identified supplies and equipment that may be needed in a natural disaster (water, tents, portable toilets, portable lighting, blankets, etc.)? • Does the institution have evacuation and relocation plans, alternative sites selected, and arrangements and agreements for natural disasters? • Does the institution have a plan to operate the institution with reduced staffing levels should a natural disaster make that necessary? • Does the institution have an emergency staff services (ESS) program to respond to staff and staff family needs in the event of a natural disaster? • Has the institution planned for ‘desert island operations’ (operating for an extended period without contact or assistance from outside) in the event of a natural disaster? • Is the institution prepared to maintain security and essential services, in the event of loss of power or other utilities, for as long as 72 hours? • Does the institution have a 3-day supply of potable water onsite or an alternate water supply system? • Does the institution have a 3-day supply of food that would not need cooking? • Does the institution have a 3-day supply of medications for inmates onsite? • Do staff and inmates participate in severe weather drills?
FLOOD DISASTERS25 • Has the institution conducted a thorough risk assessment of vulnerable areas and equipment in the event of rising water? • Does the institution have detailed plans for a complete offsite evacuation in the event of a flood? • Have those offsite evacuation plans been reviewed carefully within the past 12 months? • Has the institution practiced or drilled with a flood-related offsite evacuation scenario within the past 24 months, at the level of table-top exercise or above? • Does the institution have a plan for moving expensive or crucial equipment in the event of rising water? • Is the institution’s offsite evacuation plan for flood developed in stages, so it could be enacted in response to predetermined flood stages or severity of warning? • Do the institution’s flood plans include an analysis of which access and egress routes would be rendered unusable at various flood stages, along with alternate access and egress plans for those flood stages?
HURRICANE DISASTERS26 • Is there a plan for managing the inmate population while waiting to see if a hurricane actually will hit the institution? • Have staff received any training specifically on preparing for and responding to a hurricane within the last 24 months? • Do the institution’s hurricane plans include an assessment of potential for localized flooding? • Do the institution’s hurricane plans include an assessment of the vulnerability of various utilities? • Does the institution have portable water pumps?
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GLY E NDAL E A N D C OREY STEVEN SON

M y son, Corey, was 15 years old when the hurricane hit New Orleans. Before the storm, I used to visit my son at OPP every Thursday. The last time I saw him was in August 2005, the Thursday before the storm hit. Now it is June 2006 and I still have not seen him.
When the storm hit, at first my family wasn’t going to leave. The day before the storm, we went to a hotel room and stayed there. I tried to make contact with my son to see if he was okay, but I couldn’t get through to the jail. After the hurricane hit, by the grace of God they let us come home to get our things. Our telephone was still on and I tried reaching the jail again—still no answer. We packed up our things and left on September 1, 2005.
After the storm I called all of the jails I could, trying to find my son. I kept bothering the jails, but no one was giving me any information. I was calling radio stations trying to get information and was given different numbers.
I heard stories on the news that they had inmates floating out on the water, that some had drowned. I was hysterical, not knowing were my child was, not knowing if he had eaten, not knowing if he was one of the body count. It was a mess.
It wasn’t until a month and a half later that I finally found out that he was okay. The reason the jails couldn’t find him was because he was a juvenile being held as an adult, so no one had him listed. I finally got through to Winn Correctional Center, and they told me that they had my son for a week or so

I wish my other sons had a
chance to see their brother.

after the storm. When they found out he was only 15 years old, they shipped him to Tallulah.
At Tallulah, Corey was being housed with adults; they said, “you came in with adults, you stay with adults.” He got beat up there by two adult inmates. They split Corey’s jaw open and gave him a black eye. I still couldn’t go to see him. They put him in isolation and told me he didn’t have any privileges because he was an evacuee and was only there temporarily.
When I called Tallulah, they wouldn’t let me talk to my son, and they told me that the inmates were not able to make phone calls because they were in isolation. But I kept calling. I just wanted someone to let him know I was calling, hoping they would let him make just one call. I was also worried because my son takes medication for Attention Deficit Disorder and another behavioral disorder. He received that medication when he was on the street, and he also received it at the juvenile facility where he was previously held. When he got to OPP, they didn’t give him medication. They said Corey “should’ve thought of that before he did what he did.” I was told they don’t administer meds to juveniles housed with adults at OPP. After the storm, Corey still didn’t get his medication. I think he first got the medication in April, over seven months after the storm hit.
The deputies at the prison told me

he would be able to make phone calls in one week. We were staying with other people, but we went back home because we had telephone service in case Corey called. We went home even though it wasn’t a place to be.
When I finally got to speak with my son, to tell him that we wasn’t home and that we had evacuated, he had a lot of things to tell me about what happened at OPP during the storm. He had a lot of things to tell me but he couldn’t because they only gave him three minutes on the phone. The funny thing is that my son had the opportunity to escape and come home. At least then I would have known that he was okay; I could’ve turned him in later, as long as I knew he was okay.
About two months ago, my son was moved to Forcht-Wade Correctional Center, which is over 300 miles away from New Orleans. When he was there, he called me on the phone every weekend, but I still couldn’t visit him. Because he was getting his medication, he was doing a lot better. He was able to focus, he could write. He is 16 years old now and he hasn’t even been to court. In May, I went to court in New Orleans when I found out that his case was supposed to be heard. The judge was there, a lawyer was there for my son, and I was there, but Corey was still up at Forcht-Wade, so the case was continued. That was the third time his case was called in New Orleans,

and the third time his case was continued because they hadn’t brought him back to New Orleans to see the judge. I went again in June, this time with my husband and Corey’s two younger brothers. I called ForchtWade the day before the court date to make sure they brought Corey to New Orleans. The people I spoke to said they had no idea he had a court date at 9am the next day, but they promised to get him to New Orleans. Before arriving in court I called Forcht-Wade again, and they confirmed that he had been sent to New Orleans.
When I walked into that courtroom, I looked around and I couldn’t see my baby. I wanted to see him so bad, but he wasn’t there. An attorney for the ACLU called Forcht-Wade, and they said they had sent Corey to New Orleans early in the morning, and that he arrived in Orleans Parish Prison at around 8am. The Sheriff’s deputy in the courtroom said that they only bring inmates to the court twice a day and they had already brought all of the inmates for the morning court hearing. Corey’s lawyer told the judge that my son was sitting in the jail, just two blocks away, but the judge decided to set a trial date for my son without bringing him to court.
After that was done, I went to Central Lock-Up to see my son, but they don’t allow visitation for inmates in Central Lock-Up. Corey has been locked up for over one year, and he was finally back in New Orleans and I couldn’t even see him. One deputy allowed Corey to call me on my cell phone, and it was good to hear his voice, but I wish my other sons had a chance to see their brother.27 I

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B. What Was the Emergency Operations
Plan at OPP?
Several months before Hurricane Katrina hit New Orleans, the DOC contacted the Orleans Parish Criminal Sheriff’s Office to schedule a meeting regarding the evacuation plan of OPP; that meeting never occurred.28 The day before the storm, Sheriff Gusman stated that the prison was operating under its emergency operations plan. But in the aftermath of Hurricane Katrina it became clear that the plan the Sheriff was relying on did not exist, was inadequate to provide guidance to staff and prisoners, or was ineptly executed.
Days before the storm, the DOC offered to assist local sheriffs in evacuating their prisoners. DOC successfully evacuated Plaquemines Parish Prison and St. Tammany Work Release on August 27, and completed the evacuation of St. John Parish Prison, Lafayette Community Correctional Center and Lafourche Work Release by the afternoon of August 28.29 Sheriff Gusman declined the DOC’s offer to assist in the pre-storm evacuation of OPP.30 “We knew it was headed there,” said Warden Jimmy LeBlanc of Dixon Correctional Institute, a state prison in central Louisiana, north of Baton Rouge. “We need to have contraflow emergency evacuation plans for corrections.”31
But according to a technical assistance report commissioned by the Louisiana DOC, the contraflow plan for southeastern Louisiana does address the evacuation of prisons. According to that report, the evacuation of prisons in southeastern Louisiana is supposed to occur during a “specific window[] of time, but much earlier than the general population evacuation.”32 It is not clear whether this plan pertains only to DOC facilities, or if it applies more broadly to all prisons and jails in southeastern Louisiana. The DOC denied a Public Records Act request by the ACLU of Louisiana to review that portion of the plan.33
The scene that developed inside OPP was “nothing but chaos,” according to Brady Richard, the jail’s Medical Supply Officer at the time of the storm. “People need to understand that we just should never have been in there in the first place.”34 One deputy who was present throughout the storm agrees, noting: “It wasn’t like there weren’t people telling the sheriff you need to move these inmates out before the storm hits. It should have been done and would have kept everybody out of harm’s way. . . .”35 Another deputy explains that he faults Sheriff Gusman “for not reacting sooner. When he knew the water was going to rise up—on the 30th at the latest we should have been evacuated.”36
The Sheriff’s decision not to evacuate OPP when DOC first offered to assist also hindered the rescue efforts. Due to the late notice provided by OPP, some of the buses that DOC could have used for the rescue were already being used to transport prisoners back to facilities that had been evacuated earlier, and were not damaged by the storm.37 Speaking months after the storm, a DOC spokesperson acknowledged, “[w]e had not planned for the evacuation of the entire Orleans Parish Prison all at one time and we did not plan for the fact that we would only have a certain amount of time because the water was still rising.”38
Rather than evacuate, OPP opened its doors on August

28 to several hundred additional adult and juvenile prisoners from St. Bernard Parish, as well as juveniles from YSC. Because of a lack of space, the male prisoners from St. Bernard Parish were placed in a gymnasium on the first floor of the Templeman III building. In addition to importing additional prisoners, OPP also allowed family members of the deputies and staff at OPP to remain in the prison buildings, along with people from the neighborhoods around the jail.
Only after the storm did it become clear how horribly illprepared OPP was for Hurricane Katrina. According to one employee, Sheriff Gusman held a meeting on Sunday, August 28 to discuss hurricane preparedness. When notified that the jail was the least prepared for a storm it had ever been, and that there was insufficient water, flashlights, batteries, and food, the Sheriff reportedly stated: “Those are incidentals, and we’ll deal with them later.”39

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BRADY RICHARD, MEDICAL SUPPLY OFFICER

From the veranda of the CCC building, I could see snipers on the roof

of the HOD building shooting at inmates ... I remember thinking:

“What in the hell have I gotten myself into?”

A t the time of the storm, I had been working for the Orleans Parish Prison for less than one year. I was the Medical Supply Officer, which meant that I was in charge of purchasing medical supplies and distributing them to the 10 medical clinics in the prison system. In the days before the storm, I was not consulted about making any preparations for the storm. I was only told that I had to report to duty on Sunday evening, August 28. My supervisor, the Medical Director, was not included in any of the planning meetings for the storm either. I was told that on the Sunday of the storm, the Sheriff held a meeting with the ranking officers. At that meeting I understand it was brought to the Sheriff’s attention that there were insufficient amounts of supplies needed for the storm.
When the storm made landfall, I was in the Community Correctional Center (“CCC”) building on Gravier Street. The situation there deteriorated as the water rose. There appeared to be little communication with the inmates. As time passed the inmates became more volatile; they were breaking through concrete walls, yelling and chanting in unison, banging loudly, and knocking out exterior windows. They were in the dark for days and went without food or water for extended periods of time. The situation became too unsafe for medical personnel to distribute medication to them. I was unable to access my office and supply rooms on the 5th Floor of the building. Instead I set up a makeshift supply room and medical triage in the IT department on the 1st Floor from which I worked with doctors and nurses treating patients. It was really hot and stuffy in the 1st Floor administration area of the jail, and conditions had to be much worse on the prisoners’ tiers.
On Tuesday night, I was sent out to the HOD building located on Per-

dido Street to deliver medical supplies. I was brought there by boat, but had to wade through chestdeep water from the entrance of the building to the stairwell inside that was filled with feces, diesel fuel, dead rats, garbage and other debris. It took about seven trips through the flooded halls to deliver everything. After making the last trip I sat in an empty boat that was tied to the entrance of the building for about 11/2 hours while waiting for another boat to transport me back to the CCC building. As I sat there in the dark night above at least six feet of water an eerie red glow illuminated the dark water as the electrical systems of the submerged vehicles shorted out. It was then that I reached a real low point as the severity of the situation began to set in to my mind and as I listened to the cries for help from civilians trapped in their nearby homes as the floodwaters rose inside of them.
Conditions continued to deteriorate and really took a turn for the worse just as I was approaching the CCC building on my return trip. The building’s generators failed as the electrical systems in the basement became flooded. There were at least 200 frightened civilians (family members of employees) who had taken refuge at the prison now all in total darkness camping out on the 1st Floor veranda of the building. The deputies and the staff were rationing our food; one of my employees who had sought refuge at the prison with her family had an orange and some sliced bread, and she said it was what was given for breakfast. No one, including the deputies, seemed to know when or whether help was going to arrive. The administration and the Sheriff failed us miserably and communication was non-existent. At one point in CCC, the inmates breached walls and gained access to the entire building down to the 1st Floor; there was only one last door

separating them from the employees and civilians. The employees broke cots to use the wooden legs for protection. One deputy grabbed a curling iron to protect herself. Can you imagine how unprotected we felt? Conditions became better when the Department of Corrections arrived in armored gear to secure the building and assist in the evacuation of the inmates.
From the veranda of the CCC building, I could see snipers on the roof of the HOD building shooting at inmates. At the time I thought they were shooting real bullets, but I was later told that they were shooting rubber bullets at inmates who were trying to escape. At the same time that guards were shooting they were yelling “Get back, get back! Don’t jump!” I remember thinking: “What in the hell have I gotten myself into?” I thought I was in a war zone. From my angle I could not see who was hit or whether there were injuries, but I guess that over a couple of days they fired dozens of shots. From the veranda of CCC, I could see doors open on the 3rd Floor of the Templeman III building, and there were sheets hanging out. The doors probably once opened onto a fire escape, but there was no fire escape that I could see.
I arrived at the jail on Sunday at around 5 pm, and I left on one of the last boats out on Friday afternoon around 4 pm. When I got to the Broad Street Overpass, I had to climb down scaffolding to get on a bus. There was no meeting of staff or deputies before we got on the bus, and we did not even know where the bus was going. The Medical Director did his best to keep the medical staff together so that wherever we ended up we would end up together—at least then our group could pool our resources and work together as a unit to help one another. We ended up at the Lions Club Hall in Gray,

Louisiana, near Houma. Sheriff Gusman got on a stage with the owners of the building and some dignitaries. He told everyone that we “should be thankful to these two gentlemen for taking us in and opening their building for us” and “you should be appreciative because they could be at home in their recliners watching television. Instead they opened their building up for you.” The Sheriff then chastised the employees to contain their children and to respect the building. He stated: “I’m not sure what you’ll eat tonight, but we’ll try to get something hot for you tomorrow.” He then left the facility without even thanking his employees. Luckily, the people of Houma began showing up with food and supplies for us. Dominos donated pizza for us also. Some people from the community offered to wash clothes and offered to let anyone shower in their homes. The medical staff took turns using one another’s cell phones and chargers to make calls for help. That night I was finally able to get a call out to a friend who came to get me. I was luckier than others who were still at the facility a week later.
After the storm, in the local paper’s online forum, I posted a response to a request for information about an OPP employee. I provided the person with factual information about our evacuation and made some general comments about how people were treated at OPP. The comments were posted on the general forum instead of a private message. I have been told that Sheriff Gusman does not want anyone who was not 100% behind him to return to the Sheriff’s Department. It seems that his method of damage control is to just not acknowledge certain things or people. My request for information regarding the status of my employment and my desire to continue my health care benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) has been ignored.40 I

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So what was the emergency operations plan in place at the time of the storm? The ACLU of Louisiana filed written requests to state and local officials, including Sheriff Gusman, for any evacuation plans that were in place for OPP on August 26, 2005.41 Although the Louisiana Public Records Act requires that government officials respond to such requests within three business days, the Sheriff failed to respond for over seven weeks. Only after the ACLU of Louisiana sued the Sheriff for violating state law did the Sheriff’s attorney respond to the request.42 That response contains the cryptic statement: “All documents re[garding] evacuation plans were underwater—can’t find any now.”43
It defies common sense that all copies of the evacuation plan were destroyed in the storm, since each staff member who was responsible for carrying out the evacuation should have had a copy. However, long-time deputies at OPP state that they knew of no evacuation plan. Christina Foster served as a deputy in HOD for over two and a half years prior to Hurricane Katrina. According to Deputy Foster, the only plan she knew of to evacuate the building was the fire escape route displayed on the walls of the jail.44 Rhonda Ducre, also a deputy in HOD, agrees: “I’ve been here four years and it’s always the same old thing when hurricanes come. There’s no plan.”45 Another OPP deputy who joined the Sheriff’s office in 2002 recalls that there was “no training for emergencies in the training back in 2002. I’m certified to carry a firearm and every year we go and get re-certified. Initial training for deputies went on for like three months. We had a 90-hour course, and then we went to work and to academy class at the same time. We didn’t even have fire drills. Only way we knew about fire exits is because they had posters on the wall, but no one ever told us.”46 Speaking with a reporter shortly after the evacuation, Deputy Luis Reyes said prisoners in CCC “had been escaping throughout the night because we were so shorthanded. People just did not come in. There was no plan for this situation.”47
At the same time that the Sheriff said that all evacuation plans were underwater, he provided the ACLU of Louisiana with an undated, two-page document entitled “The Orleans Parish Criminal Sheriff’s Office Hurricane/Flood Contingency Plan” (the “Contingency Plan”).48 It is unclear whether this plan even existed at the time of Hurricane Katrina, or whether it was hastily prepared in response to the public records request.
The deficiencies in the Contingency Plan are so vast that it would have been of little use even if it had been executed to perfection.
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Flaws in the Contingency Plan

Effect on Conditions in OPP

The Contingency Plan provides no information about how to manage the prison population in advance of an expected hurricane.

Prisoners were prevented from making phone calls to family members days before the storm hit. They were not kept informed about the status of the evacuation, and were often falsely informed that their evacuation would be imminent.

The Contingency Plan contains no information about how to conduct an offsite evacuation of the prison buildings in the event of an emergency.

The evacuation was haphazard. Power tools were needed to open locked cells, and exterior walls and windows had to be destroyed to remove prisoners from the building. Deputies in at least one building chained cell doors closed using handcuffs and leg shackles, further endangering the lives of trapped prisoners.

The Contingency Plan requires that generators be fueled and tested to ensure that they are operational, but makes no mention of the fact that generators must be placed above 100-year flood levels in order to ensure that they remain effective throughout an emergency. The Contingency Plan also makes no mention of what essential services should be supplied power in the event of an emergency.

Soon after power was lost, the backup generators in each of the buildings also failed, plunging the jail into darkness. Some generators flooded because their electrical systems were located in the basement of facilities. Other generators appear to have failed because staff members ran out of fuel and/or were untrained at operating them. Even while the generators were working, power was not supplied to enable cell doors to open. In some buildings, prisoners were left trapped in flooded cells without ventilation and without any possibility of reaching a safe area.

The Contingency Plan requires that departmental vehicles and watercraft be fueled and tested for proper operation, but it does nothing to ensure that enough vehicles are available to evacuate thousands of individuals in the event of an emergency.

Only three boats were available to evacuate nearly 7,000 prisoners, along with many hundreds of deputies, staff members, and civilians.49 Many prisoners waited in Central Lock-Up for over ten hours in chest-deep water, while boats took a handful of prisoners at a time to the Broad Street Overpass.

The Contingency Plan states that each building shall be stocked with a 96-hour supply of food and water, but says nothing about how food and potable water will be distributed to staff and prisoners during an emergency.

Prisoners and deputies report that food and water were not provided for days at a time following the storm. Deputies and their family members ate the food intended for the prisoners, while prisoners drank dirty floodwater or water that they collected in garbage cans before the storm.

The Contingency Plan states that the Sheriff shall meet with the Wardens of each building 24 hours prior to the storm to discuss the provision of medical services during an emergency, but says nothing about how medical services will be administered to staff and prisoners during an emergency. The Contingency Plan also makes no mention of whether prisoners who are particularly vulnerable should be evacuated in advance of other prisoners.

Deputies and medical staff in several buildings abandoned patients in need of critical assistance. In at least one building, all medical supplies were destroyed when the first floor of the building completely flooded. The loss of power and the general absence of deputies and medical staff from prisoner areas prevented prompt responses to medical emergencies in several buildings.

The Contingency Plan provides no information on what training staff members and prisoners should receive on proper evacuation procedure.

Deputies report that they had no knowledge of any evacuation plan. When the evacuation began, it was led almost entirely by DOC guards, not OPP deputies, and it was accomplished in many buildings with excessive force.

The Contingency Plan states that if a housing area is “rendered unfit for habitation for a period exceeding 12 hours,” the Sheriff shall call for an “emergency evacuation of the affected building(s),” and that such an evacuation will be “coordinated by the Sheriff with the La. DOC, the La. Sheriffs’ Association, or any other available agency.” 50

Flooded areas of several jail buildings were evacuated haphazardly; others were not evacuated at all. Prisoners found themselves trapped behind locked cell doors as rising floodwaters reached their chests. In many cases, fellow prisoners had to break open locked cell doors to free trapped prisoners. The plan does nothing to identify the actual responsibilities that state and local agencies will have to respond to an emergency. The state DOC was only contacted to assist with the evacuation on Monday night, after buildings had already flooded, and chaos was already rampant.

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To his credit, Sheriff Gusman seemingly acknowledged the inadequacy of the plan when asked about it several months after the storm. The Sheriff explained that no evacuation plan in place at the time of the storm could “detail[] what we did because no one ever imagined we would be surrounded by 7 to 8 feet of water.”51
In fact, local officials identified precisely that risk fewer than two years prior to Katrina. In 2003, the Parish convened a planning team in response to the Disaster Mitigation Act of 2000, a federal law requiring all local governments to develop disaster plans in order to remain eligible for federal disasterrelief funds. The planning team included representatives from a wide array of private and public organizations,52 and concluded that the area in which OPP is located faced a risk of floodwaters rising up to eight feet.53
The Nebraska Emergency Plan The problems with the Contingency Plan become even starker when the plan is compared with emergency preparedness systems from other state prison and jail systems. For instance, the Nebraska Department of Correctional Services has a comprehensive set of policies that provide for a coordinated emergency response in the event of a natural disaster. The Nebraska DOC employs an Emergency Management Supervisor charged with emergency preparedness for all DOC facilities. Nebraska has developed a series of interrelated policies that define who is responsible for what tasks in the event of an emergency, and what criteria should be used to decide when or whether to evacuate a facility. In the event of a total evacuation, the Nebraska DOC has policies in place for the sending and receiving institutions, and those policies include information on the amount of bed space available at each potential receiving facility and the types of prisoners that the facility is capable of accepting. The policies even identify which receiving facilities have the ability to hold evacuated prisoners with special needs. Nebraska’s policies also discuss what steps need to be taken should a facility decide not to evacuate, but rather to “defend in place.” The policies call for the warehouse to stock thirty days worth of essential provisions. The policies also contain the contact information for emergency services personnel. Finally, the Nebraska emergency management system provides a series of checklists that are to be used before, during, and after a disaster to ensure that the most important steps are not forgotten in the middle of an otherwise chaotic situation.54
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Prisoners broke holes in walls to escape the rising floodwaters.

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III. THE DESCENT INTO CHAOS
There is no precise and reliable count of the number of people in OPP on the day Hurricane Katrina hit. According to the Sheriff’s statistics, OPP held 6375 prisoners on August 29, 2005.1 This figure includes OPP’s own population of 6021, plus 354 juveniles from YSC who were evacuated to Templeman V prior to the storm.2 The Sheriff’s count does not include the more than 270 adult prisoner-evacuees from St. Bernard Parish, nor the handful of juveniles from St. Bernard Parish who came to OPP. Media reports vary wildly, with some estimating that there were as many as 8000 OPP prisoner-evacuees.3
The prisoners ranged in age from 10 to 73, and were overwhelmingly male (89.5% male, 10.5% female). Although only 66.6% of Orleans Parish was African-American prior to the storm,4 OPP’s population at the time of the storm was almost entirely African-American—89.3% of the population was black, and only 9.6% were white.5 The racial disparity is even greater with respect to the juveniles who were being held in OPP: 98.7% of the juveniles held at CYC were African-American, and 95% of the juvenile population at the YSC was African-American.6 More than 300 of the prisoners in OPP on August 29 had been arrested and booked between August 26-28, when the City of New Orleans and the State of Louisiana were under states of emergency.
A. The Phones Go Dead
On Friday, August 26, the prisoners’ phones went dead, although Hurricane Katrina was still days away from landfall, and the power had not yet been lost in any of the buildings. One prisoner recounts, “[n]o one was allowed to call out and talk to family members to see where they were going and if they were going to evacuate.”7 One female prisoner housed in Conchetta remembers being “pushed back [by deputies] because I was crying asking why did they turn the phones off. I wanted to know if my kids were okay.”8 Several prisoners recall seeing deputies using the phones in the control booths to speak with their loved ones. Another prisoner in Conchetta says that she was not able to speak to her family members who lived in the Ninth Ward, an area that was particularly devastated by Katrina; as of October 19, 2005, she
29

still did not know whether her family even survived the storm.9
On Sunday, many of the prisoners watched Sheriff Gusman’s televised announcement that they would not be evacuated, but would instead remain in the prison to ride out the storm. Like everyone else in New Orleans, they worried for their safety and the safety of their loved ones. Unlike so many others, however, they were powerless to do anything about it. “What hurted also when Mr. Gusmen said to leave the inmates where they are. My God, he left us there to die.”10
B. The Prison Goes into Lockdown
Before the storm, deputies placed all prisoners on lockdown: those prisoners who were housed in units with cells were locked behind their cell doors; those prisoners who stayed in dormitory-style housing units were locked in their dorms.
In Templeman III, Tiers A and B serve as Receiving Tiers, where prisoners are held for a short period of time after being arrested and booked. While President Bush was declaring a state of emergency for Louisiana, and the population of New Orleans was ordered to evacuate the city, OPP was still packing in its prisoners. Over 100 of the men who were held in the Receiving Tiers during Hurricane Katrina had been arrested and booked on minor charges on August 27 or August 28.
One man was arrested five days before the storm for allegedly having failed to pay an old debt of $100 in fines and fees.11 He was assigned to Unit B-2, where he spent several days before the storm sleeping in the common area. He reports that the riot squad came through the tier to put everyone on lockdown. Although each cell was designed to hold two people, all of the prisoners were placed into cells. He was placed in a cell with seven other people. “They maced our whole cell twice while locking us up for asking when they would let us out.”12 Another prisoner in that unit also writes, “we was mace because we was asking them why are they locking us down where theres water is riseing by the minute.”13 One prisoner in Unit A-1—arrested several days before the storm for possession of marijuana (first offense)— explains that on Monday afternoon, water started to enter his unit. Prisoners were:
Complaining and becoming loud because of the lack
of food, water and plumbing (we were unable to use
the toilets because the power was out, so all water was
turned off). They [Special Investigation Division]
told us if we’d go back in our cells they would feed us.
We went, they locked us down, and did not return for
hours. They knew water was coming in at that point.
By the time anybody came back, the generator had
gone out and we were pretty much in darkness, with
the water substantially higher (about 3 feet).14

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RAPHAEL SCHWARZ

I was detained in New Orleans in August 27, 2005 on a public intoxication charge. I was brought to central lock-up at OPP for processing, then I was moved to Unit B-3 in Templeman III. There were no empty beds in cells available in that unit, so I slept in the day room that night. When I awoke on August 29, 2005, the day room floor was covered in several inches of water. The deputies gave prisoners a mop and bucket and told them to clean the unit’s floor, and also announced that we would not be served breakfast that morning. We also had not been given food the previous night. The deputies then left the unit, as well as the control cage for the unit. Prisoners used the mop bucket to break the windows in the day room. Deputies then re-appeared wearing riot gear and forced prisoners into cells in my unit. I was forced into a cell on the upper tier of the unit with seven (7) other prisoners. The deputies then left the unit and disappeared from the floor. Prisoners began popping open their cell doors. Some prisoners broke into the control cage, and opened cell doors in the unit. Our cell door could not be opened. There were two other cells on my tier that also could not be opened—one cell held two prisoners, and the other cell held one prisoner.
Some deputies returned to the unit, and took all of the prisoners who were not locked down in cells out of the unit. One of the prisoners in my cell began to kick the cell door to get the deputies’ attention. Two deputies came to our cell, and told the prisoner to stop kicking the cell door. When the prisoner con-

we The window in our cell was broken out, and began waving our orange prison uniform tops every time we heard a helicopter pass overhead
in order to signal that we were still in the jail.

tinued to kick the door, the deputies sprayed two cans of mace into the cell, and left. I was in the back of the cell at the time, and I got mace on my arms. Other prisoners got mace in their eyes and on their faces. They washed the mace out with water from the sink in our cell. Some of us took off the clothing that had been maced and threw it out of the cell. The paint on the cell walls that were hit by mace began to peel off.
I did not see another deputy for the next two days. The power went off in our unit soon after the deputies left. We did not have ventilation. We had nothing to eat or drink for a total of four days. Though our cells had a toilet, all eight prisoners in my cell agreed not to use the toilet in case we could not flush it. The window in our cell was broken out, and we began waving our orange prison uniform tops every time we heard a helicopter pass overhead, in order to signal that we were still in the jail. We attempted to kick the cell door off of its track. On Tuesday, we broke off the metal top to the property bin that was below one of the bunks, and we used the metal to chisel around the cell window frame in order to kick the frame out and climb out of the

building. We worked in shifts over the next two days. By the time we were rescued Wednesday night, we had carved around half of the window frame.
On Tuesday, August 30, 2005, I saw flashlights in the hallway outside the unit. We began kicking on our cell door and yelling. Law enforcement officers came to our cell. They had weapons. They told us that they needed a key to open our cell door, and they left. We did not see these officers again. The next day, Wednesday, at around dusk, a female deputy came into the unit with a maintenance man, and another man who had a gun but no uniform. She told us that she had been told by officers that there was no one left in our building. She told us she came in to investigate only after she saw a prisoner who had jumped from another building on to the roof of Templeman III and had broken his ankles. She and the maintenance man opened our cell door through the control box on our floor. The female deputy told us that she had already found three dead bodies before she got to us during her search of the building.
She then gathered the 11 prison-

ers on our tier, along with about 14 other prisoners she found on the three other tiers in our unit. We left the Templeman building through water that reached my chest (I am six feet tall). One of the prisoners in our unit was so weak that we had to sling him over a cooler that floated in the water, and pull him along with us. Once we were outside of Templeman, we were put in a pick-up truck in groups of ten, then got on to boats, and were taken to an underpass, and loaded on buses bound for Hunt Correctional Facility.
At Hunt, all of the evacuees eventually were put on a football field. There were many prisoners there who had shanks and weapons, and there were assaults and fights. I did not see an officer on the football field in the three days I spent there. At Hunt, I spoke with fellow OPP evacuees who had been housed at Templeman III during the hurricane. Some of them told me that they attempted to swim out of the building through central lockup, but were shot at from adjoining buildings. I did hear gunshots before I was rescued. Another prisoner I met at Hunt told me that he had been locked down at the House of Detention. He said that two deputies found him in his cell. After being removed from his cell, one deputy told him to stand against the wall, while another deputy told him to move. When he began to move, he told me that he was shot with beanbags. He also told me that a deputy pushed him down a flight of stairs for not moving fast enough. He had welts over his backs, shoulders, and arms.15

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Prisoners were also placed on lockdown in HOD; according to one deputy, deputies “weren’t supposed to let them out for anything.”16 On Monday during the storm:
The prisoners started getting rowdy. They wanted the mops to clean the floors, but I said I couldn’t give them the broom or mop per orders. They were also upset because they couldn’t take showers because of the lockdown—the showers were not in the cells, they were in each tier. It was freezing cold on the tier because the windows had nothing to block the air and water. Lots of water kept coming on the floor.17
Eventually, prisoners began popping open the locks on their cell doors. This was easy to accomplish in HOD even before the storm, because the building is old and the facilities are rundown. “HOD is a raggedy building. In that building . . . there is no central air or heat. You freeze in winter and burn up in summer. We would have to bring our own heaters to work to stay warm. The maintenance on that building was terrible.”18 When one deputy notified the Watch Commander on duty that prisoners were opening their cell doors, the Watch Commander told the deputy to wrap handcuffs and leg shackles around the gates to secure them: “[b]efore the storm we used to do this on a normal basis because the inmates would leave their cells during the night.”19 When prisoners on the fourth floor managed to get out of their cells, one prisoner writes: “[D]eputies came up firing rounds down the hallways to keep us in the cells. . . . [T]hey even handcuffed inmates to bars of the cells.”20

Even if the generators had been properly connected to essential systems, the power they would have provided would not have lasted very long. Shortly after the generators kicked in, the levees broke and “water rushed into the jail and swamped the generators, along with the major mechanical and electrical systems located in the basement.”26 Many months after the storm, Sheriff Gusman admitted, “[w]e started to have power failures because the generators were not placed high enough when the floodwaters came.”27 The fact that the generators were not placed in a secure location—above 100-year flood levels—is a major failure of planning on the part of the Sheriff and local officials. It was only months after Katrina that Sheriff Gusman acknowledged that “you have to be really careful and not have electrical equipment in lower-lying areas and vulnerable locations.”28
Other generators apparently failed because the jail ran out of fuel. Sheriff Gusman notes that in one building, although the generator itself did not fail, “[t]he tank was on the ground floor, so [the warden] couldn’t refill it once the water came up.”29 One deputy in HOD recalls a Sergeant attempting to fill the generator with diesel fuel until the fuel ran out.30 Deputy Ducre saw a Sergeant and a Corporal attempting to fill a generator with diesel fuel, but neither man knew how to make the generator work, and it eventually failed.31
Without power, prisoners spent their nights in total darkness, in conditions that were growing increasingly foul due to the lack of ventilation and sanitation, and the presence of chest-deep floodwaters on the lower levels of the prison buildings. Many prisoners remained locked in their cells with bodily waste flowing out of the non-functioning toilets. The jail became unbearably hot, which made it difficult for many inmates to breathe.

C. Power Is Lost and the Generators Quickly Fail

D. Abandoned By the Sheriff, Many Deputies Abandon Their Posts

Soon after Hurricane Katrina hit New Orleans, the OPP buildings lost power. Although backup generators in the various buildings initially kicked in, they soon failed. According to one deputy in Templeman III, the backup generator in that building only powered certain systems; the generator powered the lights in the building, but did not provide the power needed to open cell doors, to flush the toilets in the cells, or to power the ventilation system for the building.21 In Templeman III, as in many other buildings, the lack of ventilation left prisoners without any fresh air, because the cells and dorms were sealed. Prisoners on some tiers were provided with large fans, which were powered by the generator, while other prisoners did not receive fans, because there were not enough available.22
According to one deputy in HOD, the building’s lone backup generator only provided power to the second floor of the building, where the family members of the deputies remained throughout the storm.23 Power was lost completely on the floors holding prisoners.24 Another deputy agrees that the HOD generator failed on Tuesday “because [it was] old, and probably no one knew how to operate [it]. I know they tried to get some diesel to put in there and somehow something went wrong and [it] didn’t crank back up. [It was] only on for a couple of hours.”25

Female prisoners in Conchetta and Templeman IV, and male prisoners housed on some floors of HOD, report that deputies largely remained on duty following Katrina. However, hundreds of prisoners report that deputies from other buildings abandoned their posts during and after the storm. After interviewing more than a dozen deputies and employees in the weeks after Hurricane Katrina, the New Orleans Times-Picayune reported “wholesale job walk-offs by deputies,” and wrote that “[a]ll of the sources told about multiple resignations, deputies who tossed their badges to the ground and turned their shirts inside out, only to find themselves in the awkward position of being stuck by floodwaters alongside their former colleagues.”32 Deputy Renard Reed had worked as a sheriff’s deputy for over seven years at the time of the storm. He reports that in HOD: “Once the power went out, deputies started quitting right and left. They didn’t leave the building of course, but they just didn’t go back to work. Women especially got scared once the storm hit and the power went out.”33
Deputies reported to duty at the prison on the Saturday and Sunday before the storm. Prison administrators notified the deputies that they had to report to work, or risk being fired. The decision to report was difficult for some, because

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they had to choose between evacuating the city with their family members and keeping their jobs. One deputy chose to report because she did not want to lose her job. “[T]hey told me I’d be fired if I didn’t come in. I wasn’t doing anything. They stopped me from evacuating. And my family and everybody evacuated without me.”34 Many of those who did report came with loved ones in tow. Deputy Ducre arrived on Sunday afternoon with her husband, four kids, and several close friends. They settled down in a kitchen on the second floor of the House of Detention with many other people.35 Deputy Reed decided to report while his wife evacuated to Georgia. He explains: “I never considered bringing my family with me into the jail. I don’t believe in bringing my family there. I don’t want them in that environment.”36
When the storm hit, and conditions inside the buildings deteriorated, morale quickly collapsed. According to Deputy Foster, “[a]ll the hard work we put in every day, we risk our lives going into the jail and dealing with these inmates. And when something comes like a hurricane we bring our families in because we think they’re going to be safe and think they’re going to have food and water. Gusman totally disappointed me and let me down when we needed him the most.” 37
Shortly after the storm, supervisors in the House of Detention notified the deputies that their off-days would be cancelled. According to one deputy, this meant that she would have to remain at her post after her shift ended. “Unless you quit, and went down to the second floor, everyone else had to stay on the floor with the inmates.”38 Another deputy agrees: “[W]e were told that we had to stay but weren’t getting paid when we didn’t work. I wasn’t really doing anything but stressing out and pacing.”39 Deputies in Templeman III were also told that they would be working around the clock, but were not going to receive pay for additional duty.40 Deputy Shantia Barnes resigned her position on the third day after Hurricane Katrina hit when she was told that the guards would be left to fend for themselves once the prisoners were evacuated.41
Deputy Ducre, who was four months pregnant at the time of the storm, began spotting and cramping, and a nurse told one of her lieutenants that she needed to rest for one day or risk a miscarriage.42 “He just stared at me and waited for me to get up. If I thought I could, I would have done it. So basically they fired me because I couldn’t go to work that night.” 43
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DEPUTY RHONDA R. DUCRE
There has never been a plan for what there to do when the hurricanes hit. To my knowledge, was no preparationfor this storm.

I was a Sheriff’s deputy for four years at the time of Hurricane Katrina. For all of those years, I worked in the House of Detention. Before the storm hit New Orleans, we received forms from the Sheriff’s office telling us that it was our obligation to come to work during the storm. All employees are obligated to come to work, and if you do not you are supposed to be terminated.
I came into work on Sunday afternoon, and I brought with me my husband, four children, and a few close friends. In my four years there has never been a plan for what to do when hurricanes hit. To my knowledge, there was no preparation for this storm. If there had been anything special for us to know, I figure they would have told us about it.
My family settled into the 2nd Floor of the House of Detention. When it was time for me to go to work, I was assigned to the 5th Floor, where the juveniles are. At some point, inmates started to complain that their phones weren’t working, but I knew the phones were working for the deputies. I called and told the people working the control room that the inmates’ phones were not working, but I don’t know what happened after that.
On Monday, the day of the storm, there was heavy rain, and the

power went on and off. Monday evening the power went out entirely, and the backup generators came on until the levees broke. When the levees broke, the kitchen connected to the Community Correctional Center went underwater, and there was no food to give the inmates. They ate one last time and it was a sandwich. It was at that point—when the water was shut down, the power was off, and the food was not coming on time—that everything got really hectic. From the 2nd Floor, we could hear prisoners shaking bars. They hadn’t eaten, knew the water was rising, couldn’t get in touch with families, and were hearing rumors. They started making noise—it sounded kind of like an army shaking on the bars. The supervisors got shotguns, and when my kids saw them going upstairs with the shotguns they really got scared.
After the power went out, I moved to the 3rd Floor, which is where the

general population was being held. I was moved because I was four months pregnant and the elevators quit. At one point I started getting cramps and I was also spotting. I told my supervisor about the problem, and some nurses told my supervisor that I needed to rest one day and should not be returned to duty. I was supposed to get an off day anyway, but they wanted to cancel our off days. When it was time to go to roll call to report to duty, I said that I couldn’t go to work, and my supervisor basically told me that if I didn’t report to work immediately, I didn’t have to bother reporting at all. I figure I was fired.
The State Department of Corrections finally initiated the removal of the inmates. That happened on Wednesday and Thursday morning. The deputies had food to feed themselves, and we wanted to put all of our food together so that we could ration it. When the deputies were out of food, however, I went

out onto the mezzanine of the building and found supervisors barbequing, surrounded by 50 cases of water.
I was finally evacuated to the Overpass on Friday, after all of the prisoners were gone. When I got there on Friday, nobody knew what the deputies were supposed to do. You could get on a helicopter, but I didn’t want to leave without my family intact. I couldn’t climb down the scaffolding, because I was pregnant, so I waited for a helicopter to bring my family to the airport. I did see Sheriff Gusman in a boat riding to the bridge on Friday, but I never saw him during the storm.
I returned to New Orleans to resign my position as a deputy in January 2006. I turned in my badge and my commission badge and I signed a release. I left the Sheriff’s Office because I wasn’t planning on going back to New Orleans, but even if I did return I wouldn’t go back under the current leadership. They should have been more prepared. Sheriff Gusman’s people were reporting that he waded through the water to cut through bars with handcuffs in his mouth. That man didn’t touch that water, and he didn’t try to tell anyone no different. My child was born on February 9, 2006. 44 I

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One deputy in Templeman III recalls that throughout Monday evening, deputies were moving some of the prisoners in the lower-level cells on the first floor to different parts of the building, and were moving St. Bernard Parish prisoners from the flooded gymnasium to another flooded area on the first floor of the building. “Once the moving of inmates was done, that Monday night — every deputy other than myself went to sleep, including the ones who were scheduled to work the night shift . . . . All of the deputies were pulled from the tiers.”45 A prisoner in South White Street reports, “some guards quit the job doing the storm. They couldn’t handle it. They thought there lives was in jeopardy to.”46

“standing one foot on one bunk & one foot on the bunk across & pissing.”52

E. Trapped: Prisoners Remain on Lockdown as Floodwaters Rise
On Monday, August 29, floodwaters began to enter the lower levels of the OPP buildings. According to one prisoner on the bottom floor of the Old Parish Prison, “we had water past our feet at the time, they [the deputies] gave us brooms and told us sweep the water out the cells.”47 On the first floor of Conchetta, deputies ordered one prisoner “to use a squeegie and pushbroom to push rising water of ground floor coming from outside and from inside sewer drains. It was futile. I looked for sandbags thinking we would use those for doorways and saw none.”48 Another prisoner in South White Street reports that as a janitor/floor worker, or “Yank,” he was ordered to place sandbags to prevent water from entering the building. Once that was done, he returned to his unit, where he remained until water began flooding his cell the next day.49
On the first floor of Templeman II, prisoners saw water seeping into the dorm through drainage holes in the floor. According to one prisoner, they began

sweeping the water under the door, in order to get the water from out the tier. . . . Unfortunately that didn’t work, water continue to rise. Before I knew it my bottom bunk was underneath water. At this point I knew for sure the deputies was nowhere in the building. Still time continue to pass by, water still rising. No food for us to eat. Finally a female deputy came by we shouted to her about our conditions. She than replied there’s nothing we can do because there’s water everywhere and she left. At this point water had risen to at least 4 ft deep. I thought for sure I would never see freedom again.50

Many of the women in Templeman IV were being held on minor offenses such as prostitution or simple drug possession. Templeman IV contains dormitory-style housing units with triple-stacked bunk beds. When water began to enter the building, it quickly rose to chest-level, forcing the women to climb onto the second and third levels of their bunks. One female prisoner reports: “[w]omen were made to urinate and deficate over the sides of the beds into the water; the water was well over the toilet seats.”51 Another woman recalls

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THE DEATH OF IRIS L. HARDEMAN
not hav- ... because of being transported to Angola, and ing any paperwork, [my sister] never got her release.

I ris L. Hardeman was a 53-yearold, African-American woman who had been arrested in March 2005 on minor charges. Ms. Hardeman had been in OPP before, and many of the women who were in Templeman IV (Unit B) with her during the storm remember her from years past.
According to Gedra Payne Robinson, Ms. Hardeman’s closest friend at OPP, Ms. Hardeman took high blood pressure medication as well as heart medication.53 “Iris was always complaining about having bad headaches; her head hurt real bad.”54 Because of Ms. Hardeman’s poor health, she had a pass requiring that she be assigned to a bottom bunk. Approximately three weeks before the storm, Ms. Hardeman began to complain of bad chest pains and difficulty breathing. Joyce Gilson was present at the time: “You could see it in her face. She was weak and she wasn’t feeling good. It took them about a half an hour to come and get her to the infirmary.”55 Ms. Payne Robinson, whose bed was right next to Ms. Hardeman’s, believes that she “had a real bad heart attack and she went to the hospital and stayed gone a couple of days, but they brought her back.”56
When Ms. Hardeman returned to the dorm, several of the women checked in on her. Although she said she was fine, the women were concerned for her health. Ms. Hardeman took a sharp turn for the worse a few of days before the storm. “Iris was feeling really bad. We kept calling the nurse, and Iris went out to see the nurse at some point. When she came back she went straight to her bed.”57 Ms. Payne Robinson believes that Ms. Hardeman had a stroke, and she

recalls that an ambulance came for Ms. Hardeman to bring her to Charity Hospital.
After three days, Ms. Hardeman returned to the dorm with a new prescription for medication. When the storm hit, and Unit B began to fill with water, Ms. Hardeman was forced to climb to the top bunk along with the other women. Many hours later, deputies moved the women to the Templeman III building. When they arrived, they were placed in a room that had previously been the scene of a fire. The air was filled with smoke, and the women still received no food or water. According to Ms. Bailey Wilson, Ms. Hardeman “was doing a lot of sleeping” when they moved her to Templeman III.58 The women were eventually moved from Templeman III to Central Lock-Up, where they had to stand for hours in deep water. “We were helping to hold her up in the water.”59
According to Ms. Gilson, after 14 hours in Central Lock-Up Ms. Hardeman was taken by boat to the Broad Street Overpass. “We was all instructed to sit down and stay where we were. I knew Iris was sick, and I was concerned for her.”60 When many of the women were loaded onto a bus to be transported to the Louisiana State Penitentiary at Angola, Ms. Hardeman was transferred by van.
At Angola, Ms. Hardeman and Ms. Payne Robinson were placed

in Camp F, 4-Right. According to Ms. Payne Robinson:
When we got to Angola, we were fed, we saw a doctor, and we had to tell the doctor what kind of medication we were taking. A couple of days after that we had a physical by a doctor. It took about three days for me to get my medication. Iris got her medication at Angola as well. At Angola, Iris started to swell up with fluid. Her feet swelled up with fluid; I had never seen her fill up with fluid like that before. She put in sick call slips at Angola, but I don’t think she had a chance to see a doctor. In September, in the early morning hours—maybe 3am—I was in my bed sleeping and hers was next to mine. I don’t sleep hard, but she wasn’t feeling good that night. She got up, said my name, and kind of reached over to touch me. She fell off her bed and hit her head on the corner of my bed. I got up and called the officers. They called the ambulance, and they took photographs, and they took her away.61
The rest of Iris Hardeman’s account comes from her brother, William Hardeman. When Mr. Hardeman heard the above account of his sister’s final weeks in jail, it was the first time he heard about what she had experienced during and after Katrina. “You telling me that story just put everything out of my mind,” he explained.62
My family lost everything in Katrina. We lived in Mid-City, and when I went back almost a year after the storm there was nothing to recover.

After the storm, my family and I were living in a shelter. The Red Cross had representatives come around to see if there were any family members they could try to locate for us. We knew Iris had been arrested, so they took down her name and her last whereabouts in the city of New Orleans, and they did whatever they do. Eventually a family in Houma, Louisiana, took us in, and one day Red Cross gave us a call to say that my sister was in Baton Rouge, in the hospital.
My mother and I went to the hospital, and Iris was in intensive care, in a coma. They had a guard right there in the room. Initially we were there about three days, three nights. Then we had to leave, because my mother is elderly and she needed her own medical attention. We later came back and stayed almost about a week. We slept right there in the waiting area of the hospital. There were some blankets and pillows. The guard was in the room at all times.
When Iris passed, we had actually gone back to Abita Springs to get a change of clothes and come right back, and we got a call from the hospital saying that we should come right back to the hospital. And that was like 9am, but it was kind of obvious once we got there that my sister had already passed away. We had no money. We didn’t have credit cards or that stuff; it was all lost in the flood. So we got some donations from a church in Covington, Louisiana and used that money for a crematory. That was the most that we could do.
We were told that my sister was actually supposed to be released shortly after Katrina, but because of being transported to Angola, and not having any paperwork, she never got her release. But who knows.63 I

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In Templeman III, one deputy recalls that when the water started to enter the building: “Our supervisors told us not to worry about it, so at first we did nothing. The water went from an inch to literally three feet in a matter of minutes. Then it eventually got up to four feet. This is on the first floor of the building. That’s when they decided to start moving inmates.”64 The prisoners who most urgently needed to be moved were those who were locked in the lower-level cells in A-, B-, E-, and F-Sides, as well as the St. Bernard Parish prisoners who had been locked in the first-floor gymnasium.
David Williams was arrested and booked on a charge of public intoxication on August 27. Mr. Williams was placed in a cell on the lower level of Unit A-1 in Templeman III. Mr. Williams describes his experience in Unit A-1:
I initially was booked and incarcerated on Sat. Aug. 27th. I was placed in TP3/A1 before noon and by 4pm the phones were purposely cut off, so I had no contact with my family members. We vaguely received a report about the possible evacuation before the televisions were turned off in the middle of the news broadcast. This was cause for alarm, because we were made to go into our cells and the deputies were constantly leaving their post. We are now locked down with no idea of what was to become of us. I constantly yelled for a deputy, only to be ignored. As an entire 24 hr. period passed we ate only once more. Now it is Sunday night and panic has set in because we began to suspect that something awful was about to take place and we are helpless to fend for ourselves. As the first waves of the storm came in, the lights (all power) went out. Into Monday morning—still locked down, no power, no food, no water. Into the evening on Monday, the toilets began to fill with water. The drains in the back of the dorm began to overflow with water and now we see the sewerage system backing up into the dorm— water began to rise slowly. I panicked to no avail because there was no way possible that I could open the steel cell locks to free myself. Now the water is waist deep, deputies come into the dorm, some armed with bean-bag guns, clubs, and others with crow bars. They had to use the crow bars to pry the cells open.65
Another prisoner in Unit A-1 explains that the water was 5 to 6 feet deep by the time prison officials returned to free the prisoners from their locked cells. “Inmates were on the top bunk in their cells trying to escape the water. Due to the water the cell doors short circuited. The staff had to use long hammers to try in force the doors open. It was a race against time!”66
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ALBERT G. COUVILLION
I was scared as was a lot of people. We were thinking
there may be a free-for-all. There were no deputies in the facility.

B efore the storm I was in St. Bernard Parish Prison. Maybe around 12:30 pm on Sunday, August 28th, they put us in buses and took hundreds of us to Orleans Parish Prison. They put us in a big gym facility, where we were fed two times. We were also given water to drink, but whoever was able to get water before the container ran dry got water. That was the last water we had for days. When we first arrived, one guy was coughing up blood and a St. Bernard Parish deputy said he couldn’t take the guy to the hospital because the Sheriff wouldn’t want cars to get damaged.
Five hours after we arrived in the gym we were given mats to lie on; this was done in the same disorganized way. After people got mats the St. Bernard Parish deputies left, and there was no supervision after around 5:00 pm on Sunday. The tension was real high in the gym. There were only two bathrooms for hundreds of people. There were groups of people going around fighting with different people picked at random. I was scared as was a lot of people. We were thinking

there may be a free-for-all. There were no deputies in the facility. The hurricane became worse late Sunday early Monday afternoon. Around 4:00 pm it was knee deep in an hour. Some people got through an open door and escaped. Two got caught. I know of one who escaped. Shots were fired, but I saw no dead bodies. After the escapes the deputies came in and took a count of prisoners. The water was waist-deep, and when they were through they left again. The water continued to rise. The deputies came back and promised food and water. It never came. Finally they threw loaves of bread to our crowd, and most went in the water; people were screaming to be brought upstairs but the deputies left again and didn’t return. While we were in the gym, one inmate who was epileptic had some seizures. There were no deputies there, so at first we put him on his back. One of the other inmates told us to put the guy on his side so he wouldn’t choke on his tongue or something, so we did that.

The water rose another foot by the time the deputies from St. Bernard returned to move us early in the morning on August 30. We thought they were going to move us upstairs, but when they led us down the hall and opened the door to F Side I couldn’t believe they were going to put us in another area on the first floor. The water was above the tabletops in the day room. The people who had been in that area before had already been moved upstairs, so I don’t know why they put us there. Some people stayed on the top bunks in the lower level cells, but most of us crammed into cells on the upper level—7 to 8 in a two-man cell— and on the walkway along the cells. Some people put on fresh clothes and shoes from the Orleans Parish inmates who had been evacuated from these cells. When the water level continued to rise, the people who had decided to stay downstairs came upstairs, crowding us even more. No one could see, because the lights had been off since Monday and it was

now dark. People were lighting styrofoam plates, paper—anything to see where we were. People were scared and were screaming that they could not swim. At one point, Orleans Parish juveniles who were in another tier came into our area and started breaking windows and attacking people.
On Wednesday, we were escorted out with our hands on our heads, and automatic guns pointed at us. I waded through slimy, greasy, trash-filled sewage water up to my neck to boats waiting for us 11/2 blocks from the jail. I climbed into a boat by getting on the tailgate of a pickup truck, and was taken to the Broad Street Overpass. On the Overpass, a group of Orleans Parish inmates came up to us because they saw some of us were wearing their shoes and their clothing. People started shoving and a St. Bernard Parish deputy sprayed mace at the crowd—I got hit in the face, chest and arm and my body burned for half an hour. I later was hit by tear gas a second time on the Overpass.67 I

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When the St. Bernard Parish prisoners were finally moved from the flooded gymnasium, they were brought to F-Side, still on the first floor of the building. “Where they brought us next was worse than where we were before. They brought us to Fside in Templeman III where the water was up to our shoulders inside of a tier where people were still locked in lower cells screaming for us to help. There was no guards in the control booths, no food, no water, lights, or medical attention.”68 One deputy who reports that he assisted with the transfer explains that “[w]e moved the St. Bernard inmates to F-Side—we put them in the dorms, not in the cells. They were on the lower level, so the only way they could have gotten out of the water would have been if they had gone up the steps to the F-Side mezzanine. We didn’t have anywhere to put them.”69
F. Food and Water Are Nowhere to Be Found
Although the Contingency Plan called for stockpiling enough food and potable water to last 96 hours, nearly every prisoner with whom we spoke reports going days after the storm without receiving either.
Deputy Ducre was on duty in HOD when the storm hit. She reports that “when the levees broke, the kitchen connected to the Community Correctional Center went underwater, and there was no food to give the inmates. They ate one last time and it was a sandwich.”70 Another deputy agrees, noting that the food ran out on Tuesday. “Apparently, they were trying to feed the inmates plus trying to feed the employees and their families and eventually ran out.”71 A third deputy in HOD similarly recalls: “[t]he inmates only got one piece of cheese. The food that was for the inmates was given to the families.”72 Deputies were “walking down the tier with a shotgun giving the inmates one piece of cheese. They didn’t have any water for them.”73 The only water deputies gave to prisoners were bags of ice, which were distributed to groups of 30 prisoners. According to this last deputy, no ice remained by Wednesday night.74
In Templeman III, prisoners received no food after their Sunday night meal, according to deputies.75 One prisoner from the Templeman III building who served as a Tier Representative was called to a pre-storm meeting with the ranking officer on duty. According to this prisoner, the officer told the Tier Representatives to prepare for the worst. She advised them to “fill garbage cans with water so we would be able to flush toilets if we lost power.”76 Another Tier Representative in Templeman III met with the Warden of Templeman III, Chief Gary Bordelon: “Chief Bordelon told us to get prepare for a serious mess in our jail. He told us to fill all the trash cans with water so we would have water to flush the toiles. Now he never mention anything about how we was suppose to feed the dorm.”77
Brady Richard reports that in CCC, staff, deputies, and family members were rationing their food. Each person was given an orange and some sliced bread, while the prisoners received nothing.78
In Conchetta, the kitchen was located on the first floor, which began to fill with water on Monday afternoon. One prisoner reports that she was:

Ordered to move deputies personal belongings to the
3rd floor classroom. When asked about the food in
kitchen (kitchen was on 1st floor) boxes of cereal,
leftover grits, crates of bread, cheese in refridgera-
tor—was told to not worry about it to just get there
stuff—I then assisted inmates on locked dorms 1-1 to
move their belongings and mattresses upstairs to 2-
2 then my dorm inmates belongings & mattresses to
dorm 2-1, when asked what else I could do to help
about food downstairs I was told to go on dorm 2-1
and they locked us all in. We waited hours for food—
none came and then generators went down. No
power, no windows, no air, no food.79
Dozens of female prisoners in Conchetta report that deputies had prisoners fill garbage cans with water in advance of the storm. According to one woman held on the second floor: “The tier reps filled up our used garbage cans with water. That was the water we used to bath with and drink. It was nasty, dirty and funky. One large garbage can for over a hundred women.”80
With no water to drink, many of the prisoners resorted to drinking the contaminated floodwater, or water that was backed-up in the toilets. One man in the Old Parish Prison reports, “the only water we had was from the toilet and when we had to use the restroom we had to take our waste from the toilet and throw it out the window.”81 Another prisoner in the Old Parish Prison writes: “As we the (inmates) were yelling for the deputies we were getting negative responds from them like: you better do the best you can with what you got, when mentioning about us being dehydrated and hungry, we were then told that we better swallow our (spit) or drink the toilet water which was contaminated, from chemicals, urine and bowel’s from inmates.”82
G. Denial of Medical Care “I will not just accept that this happened to me.”83
The Contingency Plan calls for the Sheriff to meet with each building’s Warden one day before a storm’s expected arrival to discuss, among other matters, “provision of medical services to inmates.”84 The medical services provided in a jail range from responding to a prisoner’s complaints about his or her health, to handling promptly a medical emergency such as a seizure or a severe asthma attack. Many prisoners also require daily medications or special diets to treat chronic conditions such as HIV/AIDS, diabetes, and heart disease. More than half of the 6000+ OPP prisoners were receiving some kind of medication prior to the storm.85 Regardless of whether Sheriff Gusman met with each of the Wardens prior to the storm, it is clear that proper medical care was entirely absent in the days immediately following Hurricane Katrina.
OPP endangered the lives of its HIV positive prisoners by failing to provide them with their medications after the storm. Since the advent of combination drug therapy a decade ago, patients living with HIV/AIDS have been

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advised of the importance of adhering to their HIV drug regimens. Clinical studies have shown that patients who interrupt drug treatment have higher rates of HIV-related health problems, including death.cclxxx The National Commission on Correctional Healthcare (“NCCHC”)—the leading correctional health care organization in the nation—offers the following recommendation to prison and jail health care providers: “Successful HIV therapy requires that there be no interruption in antiviral medications. Correctional medical programs can assure this necessary continuity by establishing mechanisms to enhance the continuous availability of HIV treatment to infected patients.”87

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KEANNA HERBERT
I From the neglect of O.P.P. developed a severe bacteria infection in my stomach which made it swell to the size of a 9 month
pregnant women.

Prior to Hurricane Katrina, Keanna Herbert was housed in the Medical Observation Unit (“M.O.U.”) of Templeman I. Several months after being evacuated from OPP to the Louisiana Correctional Institute for Women (“LCIW”), Ms. Herbert wrote to the ACLU:
During my inccarcerration at O.P.P. my health was very poor. I am diabetic and am HIV positive. During Katrina extreme medical care was needed and not provided. From the neglect of O.P.P. I developed a severe bacteria infection in my stomach which made it swell to the size of a 9 month preg-

nant women. This is still visible and pictures should be taken. . . . Due to neglect my T-cells went down to 11 making me extremely ill. No medication’s were adminisitered, injections for diabetes, nor HIV treatment etc.88
Months later, Ms. Herbert wrote to the ACLU again, after she had been returned to OPP from LCIW. Ms. Herbert wrote:
“I am wrighting back to stress the importance and seriousness of my accuations. I do not have the ability

to care for the problems that came about when M.O.U. (Medical Observation Unit), by no choice of my own, disregarded my problems overlooked the fact that everyone needed to be evacuated.
The outcome of that tragic mistake has left me and my already serious problems worse with much more complications on top them. As I made it clear in my 1st letter I am HIV positive also a diabetic. I take care of myself, treat myself. All that is choices I have made sure that my problems are taken care of.

In the days of Katrina my choice to do so was taken from me and put in the hands of M.O.U. We were abandoned there for 3 days in stagnant water without care for any of my problems.
In those 3 days I received an infection that affected me so bad that I looked as though I was 9 months pregnant. I recieved no care till I got to St. Gabriel where I was put in the hospital and had the infection drained out of my stomach.
I will not just accept that this happened to me.” 89 I

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One HIV positive prisoner who was in the Old Parish Prison during the storm writes that OPP “had a lot of sick people without there medication, which I was one of those people without my medication, and the medication is H.I.V. medication.”90 He explains that he was finally evacuated from OPP and transferred first to Hunt Correctional Center and then to Rapides Parish Detention Center (“RPDC”). From RPDC, he wrote:
[T]hey treat me bad, meaning the food my medication I’m not getting, then the mental disturbances from the guards at Rapides Parish. All they do is harress me all day for know reason, all I be asking for is the medications I need, and the food that goes with the medications, do to the medications I take which is H.I.V. med I need the proper food, which I’m not getting, I’m not getting the proper medications. It’s my life they are messings with.91
At the time of the storm, OPP also held a number of pregnant women. At least ten pregnant OPP prisoners ended up being evacuated to Angola.92 Two women report that they suffered miscarriages in OPP after the storm. One woman was seven months pregnant when Katrina hit. During the storm, she suffered a miscarriage and “[t]hey didn’t do anything to help me at OPP.”93 It was not until she arrived at Louisiana State Penitentiary at Angola that she received treatment. Another woman, held in Templeman IV Unit B, reports that she “was refuse medical help so I miscarried and had blood all over me.”94 When she was evacuated from OPP and brought to the Broad Street Overpass, she writes:

panic and asthma attacks.”99 Another woman states: “Tuesday, I was woken up from screams because an elderly woman was catching a seizure and all we could do was watch and fan her not knowing if she was going to be okay but we all started praying and God must have heard our cries because she came threw. . . . [A] lady was going in labor and had her baby in all of that pollution.”100
Asthmatic prisoners reported suffering severe attacks after Katrina. Some prisoners ran out of asthma medication, and others lost their asthma pumps in the floodwaters. One 17-year-old being held with the adult population in Templeman III reports that he left his dorm to check on his uncle. When he found his uncle: “[H]e was drinking chemical water because that was all he had to drink. . . . I had to go and find him some water. He had asthma and didn’t anymore medical to use. I also have asthma but it didn’t affect me.”101 Another prisoner in Templeman III writes:
I have asthma very bad & could not breath because inmates were setting fires in tha jail. So for 3 days I drunk sink water & was sticking my nose out of a lil window that someone had bust open for fresh air because it was so foggy & moint in tha jail. My cell mates kept trying to help me by sticking T-shirts out that window so tha fresh breeze could hit because I started having a astma attack. Finally after Sunday, Monday, Tuesday of being lockdown in my cell I was rescued by some other inmates who spot me lying on tha floor gasping for air thanks to my cellmates who kept hollering for help for me.102

[W]e slept out there all night long in urine because
we couldn’t get up. I passed out because I was bleed-
ing very bad. No we didn’t receive water or food.
They refuse to give me medical service at all. . . .
These days I wake up in cold sweats at night. I’m so
afraid these days I bearly sleep and when I do I wake
up in a cold sweat crying. I don’t think I will ever get
over this at all. I thought I was going to die and never
see my kids or family ever again. I prayed so much
that day and night and God heard my prayers.95
Another pregnant prisoner was transferred from St. Bernard Parish Prison to Conchetta. Once she arrived, she was led to the 3rd Floor, and given a meal. She and her fellow prisoners then went without food for four days. “There was one deputy that tried to work with me since I was pregnant. She would give me some of her snacks, granola, a bottle of water.”96 The officers let her sleep on the floor by a large hallway window so that she could get some air.97
In Conchetta, at least one nurse remained on duty after the storm, but she was unable to provide the female prisoners housed there with any medical care. “There was no medication on or at hand, only a nurse was present. All medical supplies and medicine was under water on the 1st floor.”98 One woman writes, “women were having seizures, birthing pains,

One deputy was on duty several days after the storm when a prisoner in HOD suffered an asthma attack. She states:
I know of one specific instance during the storm that an inmate was having an asthma attack and they thought he was gonna die. He could not breathe. They brought the medical team to the floor but they could not give him medical treatment because it was total lockdown and they couldn’t open the door. They couldn’t let nobody out or in. They opened up the tier, but not the cell, and they gave him a breathing mask or whatever and injected him with some type of medication, I don’t know what it was.103
Deputy Reed recalls what may be the same, or a similar, incident that took place several days after the storm on the 3rd Floor of the building. He recalls that when the prisoner’s condition continued to worsen, he:
tried to beat on the back door to get help, but no one heard. Eventually, I had to knock out a window with a broomstick to get help. Someone downstairs happened to hear me, and they called medical. There was no running water or anything, and they had to

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bring him oxygen to save him. The doctors came and saved his life.104
One prisoner on the 3rd Floor of HOD appears to recount the same incident, writing:
One of my cellmates caught a asthma attack. It took at least 25 minutes before help arrived. The deputies claim that they just had one set of keys throughout the whole building, so they had to scream for the certain deputy to come and due to the power being out no door or cell could be open so they had to work on him through the bars.105
When one of his cellmates at the House of Detention started to have a seizure, a prisoner says he called for the guards. “He went to shaking and his eyes went to rolling and stuff. One of the OPP deputies was trying to hand him water, but we were reaching for it too. They finally got him out of the cell after 20 minutes and took him away, but they brought him back.”106
Dr. R. Demaree Inglese was OPP’s Medical Director at the time of the storm. After the storm, he attributed his inability to provide proper medical care to prisoners during the storm to their bad behavior. “It would have been easier,” he stated, “had they not been lighting fires or breaking through cinderblock walls.”107 Of course, those who lit fires to signal for help, and broke through walls in order to escape dangerous conditions, were driven to do so after they were abandoned in the jail.
The physically disabled prisoners housed in the firstfloor M.O.U. of Templeman I required particular attention during and after the storm. One wheelchair-bound prisoner explains: “I was in a wheelchair and my whole unit was fill with sewer water. The deputies left they post and we had to kick on the door to get help. It took for the water to get over our beds before we were moved and when they did move us, they brought us upstairs in a small room on the second floor.”108 Several months before the storm, one prisoner in Unit A-4 had his right leg amputated due to bone cancer. He reports that deputies abandoned their posts, leaving him “in a medical housing unit in a wheelchair in such a dangerous situation and I actually drowned. Fortunately a guy on the tier knew CPR and brought me back to life.”109 He continues: “There is no way a man with one leg could swim in all that water.”110 “[M]any amputated inmates had to be carried out by other inmates due to shortage or refusal of deputies.”111
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THE DEATH OF TYRONE LEWIS

T yrone Lewis was born on June 11, 1961. He was a gifted musician who wrote many popular songs, including some that were performed and recorded by the Neville Brothers. He was an active member of the Austerlitz Street Baptist Church, where he often gave free concerts of his Gospel music. Approximately five years ago, doctors implanted a pacemaker-defibrillator into Mr. Lewis’s chest to treat his chronic heart problems.112
On July 11, 2005, Mr. Lewis was booked and placed in Templeman I (Unit B-1). According to Gary Wainwright, the Lewis family’s attorney, Mr. Lewis notified the OPP staff at booking that he had been hit in the chest shortly before his arrest and that the blow may have dislodged his pacemakerdefibrillator.113 During the time he was held at OPP, Mr. Lewis routinely complained to deputies about chest pains and shortness of breath.114 His sister made numerous calls to the jail on his behalf, telling staff of her brother’s need for proper heart medication.115 According to Mr. Wainwright, despite these repeated complaints, Mr. Lewis “wasn’t able to get any help.”116
Like the other prisoners in OPP, Mr. Lewis spent days in the jail after Katrina struck, at times wading in chest-deep water for 8-9 hours at

“... how it happened, who was with him when he died.
Did he suffer? We don’t know any of these
things.” Nearly one year after the storm, Mr. Lewis’ family is still working to recover his body from Angola.

a time.117When he was finally evacuated from the building, having received no food or water for several days, he was placed on the Broad Street Overpass.118 Mr. Lewis was transported to Hunt Correctional Center, where he was placed on a field with thousands of other OPP evacuees, and left exposed to the late summer Louisiana heat and sun. Guards delivered food to the evacuees by throwing it over a fence.119 Mr. Lewis had no opportunity to wash off or change clothing, despite the fact that he, like all of the other inmates, had spent hours or days in the same highly caustic and contaminated water that had stripped paint off of cars abandoned in New Orleans.120
On or about August 31, Mr. Lewis was transferred to Winn Correctional Center. According to his cellmate, Mr. Lewis complained to the deputies there about his chest pains. The only response he got was: “Fuck you nigger, we’re not doing shit for you niggers from

New Orleans.”121 At some point during the next two weeks, Mr. Lewis’s condition deteriorated. He was admitted to E.A. Conway Hospital in Monroe, Louisiana on September 14, and died three days later.122 According to his death certificate, complications with his pacemaker-defibrillator played a role in his death.123 “From what I saw of Mr. Lewis prior to the storm Katrina,” writes one prisoner held in Unit B-1 with Mr. Lewis, “he looked to be in very poor health. Also, if he was receiving the same level of medical treatment I was receiving it’s no wonder why he expired.”124
According to a spokesperson for the state DOC, officials unsuccessfully attempted to contact Mr. Lewis’s family to inform them of his death.125 Despite the fact that a temporary morgue for hurricane victims had been established in St. Gabriel, LA, the Warden of Winn Correctional Center ultimately decided that Mr. Lewis should be buried. Mr. Lewis’s body was transported to Lookout Point No.

2, a cemetery on the grounds of the Louisiana State Penitentiary at Angola for unclaimed prisoner remains.126
One month after Mr. Lewis’s death, the chaplain from Winn Correctional Center finally notified Sandra Thompson, Mr. Lewis’s sister, of the death. The chaplain explained that although it was not yet certain, it was believed that a prisoner who had died and been buried in Angola was Mr. Lewis. Not wanting to alarm other family members, Ms. Thompson kept the chaplain’s news to herself for several days. According to Ms. Thompson, “It was even worse because I didn’t know for sure. Eventually, I broke down and told my younger sister, and she was able to confirm it. She told the rest of the family.”127 Although the DOC spokesperson maintains that Mr. Lewis’s burial was accompanied by “a very dignified service,” the funeral director who is required to appear at such services had no recollection of it.128 Denise Lewis Henry, another sister of Mr. Lewis, “wonders all the time what happened, how it happened, who was with him when he died. Did he suffer? We don’t know any of these things.”129 Nearly one year after the storm, Mr. Lewis’s family is still working to recover his body from Angola. According to Ms. Thompson, “We need to get him back home where he belongs.”130 I

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H. Violence Breaks Out Between Panicked Prisoners
Tensions began to rise among the prisoners as conditions inside the prison buildings deteriorated and deputies abandoned their posts. One man in Templeman II reports that he was evacuated on Wednesday morning: “Throughout my confinement during Hurricane Katrina I watched many inmates fight each other. There were no safety measures taken to insure my or other inmates well-being.”131 One female deputy in HOD agrees: “I couldn’t do a proper security check to make sure everyone was alright because I was the only one on the floor. If I was to go down the floor something could have happened to me.”132
In HOD, many deputies were unwilling to monitor prisoners because they were asked to work their floors without any backup. One deputy states:
They had deputies sitting in the dark with the inmates. The associate warden was going to the doors and locked them in with the inmates so they wouldn’t leave off of their floors. If some inmates escaped. . . . Who’s to say they can’t get out of those gates because they know how to pop them. 120 inmates per floor and one deputy. Let’s say they decided to attack a guard, there are female guards too. No radios or ways to call for help. People were so scared.”133
Deputy Reed also recalls Associate Warden Pittman locking the door behind deputies when they reported to duty on a floor. “I don’t know why they did this, but the Associate Warden Bonita Pittman locked us on those floors with the inmates and no way to get out. I was trapped for the entire 12-hour shift! After my shift was over, they’d send someone to my floor with a key to unlock me.”134
In the Templeman III gymnasium, the water was rising, the power was out, and hundreds of St. Bernard Parish prisoners were thrown together in a single room. One prisoner, held on a probation violation charge, “couldn’t belive they put me in the same room with murderes arson rapist armed robbers and so on i was locked in a large room having to defend my self if i hade to thank god I didnt have to fight I stayed in one corner of the room for thirty five hours in that time I witnessed nine fights because there was no police at there post.”135 Another prisoner writes: “As soon the water started soaking the floors, mattresses started getting wet, and the water was now floating, tention was on edge, and before anybody could say anything, fights starts, with one fight here, one there, 2 on 1, swollen faces, buss lips.”136
Female prisoners began fighting in the Conchetta building, where overcrowding grew worse once the St. Bernard women were added to the OPP population, and the first floor prisoners were evacuated to the second floor. Several prisoners recount a single incident when a woman named Pearl Cornelia Bland was jumped by a group of other women. Ms. Bland writes that when other prisoners asked the deputies to stop the fight, they shut the door and said “let them kick her ass.”137
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PEARL CORNELIA BLAND
they The deputy’s didn’t assault me personnal, but didn’t help stop the assault that the
lady’s did on me.

P earl Cornelia Bland should not have been in OPP at the time of the storm. Ms. Bland was arrested in August 2005 on a charge of possessing prohibited drug paraphernalia. At her arraignment on August 11, Ms. Bland pled guilty as charged; the judge ordered that she be released on August 12 for placement in the intensive drug rehabilitation program at Hope House. Recognizing that Ms. Bland was indigent, the judge waived fines and fees in her case.
On August 12, Ms. Bland was not released to Hope House. Instead, OPP continued to hold Ms. Bland because she owed $398 in fines and fees from an old conviction. Under normal circumstances, Ms. Bland may have been taken to court in order to have her outstanding fines and

fees waived due to her inability to pay. In fact, Ms. Bland was taken to court on August 23, and was rescheduled for a September 20 status hearing on her case.
When Hurricane Katrina hit New Orleans, Pearl Bland was still in OPP, housed on the 3rd Floor of Conchetta. Ms. Bland writes that on August 29, the day the storm hit:
The deputy’s didn’t assault me personnal, but they didn’t help stop the assault that the lady’s did on me. When the lady . . . hit me in the face 7 to 8 other girls started hitting me from the back. . . .The deputy’s shut the door when [three other inmates] went to the door to

keep asking them to help me they said “let them kick her ass” and shut the door back and locked it. Several other lady’s kept asking the deputy’s . . . to please help her. And they just hunched their shoulders and watched. A yank which is a prisoner for them started pulling them off me and dragged me to the door and the deputy’s still didnt want to open the door.138
When Ms. Bland was evacuated to Angola, her “right eye was black and closed,” and the right side of her jaw was “very very swollen.” 139
In June 2006, Ms. Bland contacted the ACLU from a correctional center in Avoyelles Parish,

Louisiana. She recounted the beating that she suffered in OPP, and also indicated that she had not yet been to Court, and had been unable to locate any loved ones. The ACLU notified a local attorney with the Tulane Law Clinic, who confirmed that Ms. Bland had spent more than ten months in jail for her failure to pay $398 in outstanding fines and fees. On June 28, 2006, Katherine Mattes of the Tulane Law Clinic appeared in court on Ms. Bland’s behalf and obtained a release order. Ms. Bland herself was not present when this happened, because she had not been transported to New Orleans in order to appear in court—this was the fourth court hearing in ten days that she missed because her custodians had failed to return her to New Orleans.140 I

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Some of the worst reports of fighting come from Old Parish Prison. One prisoner assigned to Unit C-4 explains that the problems in his unit began when deputies transferred the prisoners from Unit C-3 into Unit C-4:
After the transfer there were about 48 to 56 inmates located in one cell designed for 21 inmates. There was no water, food, or air. Inmates began to be upset setting fires to plastic or whatever they could find to burn through the double plated glass to allow some type of air to circulate on the floor due to the fact that the door were locked we could not breathe for the smoke
[I]nmates had reached a level of frustration at that point they began to destroy the cell breaking through the chicken wire just to be able to move around, ripping the light fixtures from the ceiling to attempt to break windows and with the stress level being so high fights began to break out and the material that was ripped from the cell were at this time weapons.141
A second prisoner from Unit C-4 explains that some people from C-4 had enemies in C-3, which is why they were held in separate units. Once they were combined:
[i]nmates began to fight with each other. Inmates began to tear the tier apart, broke through chicken wires and used the items such as pipes broken from the tier to fight with. I tried to stop one fight and was hit in the head with a pipe. It left damage to my head where I still fill pain today and my hair has not grew back yet in that spot. I didn’t recieve medication or no type of help in Orleans Parish Prison but was given Tylenol at Rapides Parish which still to this date does not work. I still have constant head pains and head aches.142
Even before the hurricane, OPP was one of the top five prisons in the nation for substantiated reports of sexual violence.143 According to one deputy, before the storm “[t]here was always somebody getting raped and abused . . . especially on the juvenile floor [of the House of Detention] where I worked.”144 Several prisoners report that the prisoner-onprisoner violence in Old Parish Prison included sexual assaults. “Some inmates were being forced to perform sexual acts. No way to call for help.”145

We were in the Templeman III building without power, food, or water for at least three days. It was total chaos inside the building. Everyone that was not locked in a cell searched the dark building for food. We had to set fires just to be able to see. The building had no air so windows were broken out for ventilation. (Still no staff.) We tried to get the attention of people outside by waving sheets outside the window, but staff members just looked and did nothing.147
In fact, deputies instructed prisoners to break windows so they could get fresh air. Shortly after the storm, Deputy Chief William Short stated that “[t]he inmates did break out windows. . . . In some cases, our staff helped them. If you didn’t break the windows, you didn’t breathe.”148
Many of the prisoners began to believe that they had been abandoned. One man in Old Parish Prison writes: “We were yelling for the deputies, and was not getting any respond back at all, at that time we realized that they (deputies) were not out there meaning on the floor. That’s when everyone begin to ‘panic.’”149 Another prisoner held in a dormitory in Templeman I reports:
All through the time of this you heard screams of terror, cries for help and no one was answered. . . . [M]ost of us was on meds, and did’nt recieve them. I myself went without my asthma pump and struggling with my breathing severely, being not able to talk and feeling weak. There was smoke everywhere and all you heard all night and early the next day was gunshots. I really felt inside like I was about to die and was left there to die!!150
Prisoners in some buildings began to look for ways out of the flooded buildings. As water began to fill the first-floor Templeman III gymnasium on Monday evening, the St. Bernard Parish prisoners were growing increasingly worried. “[T]he night the Hurricane hit, the gym started filling up with water, they stopped feeding us, that evening before we had our last meal, the water got up to our waist for about a day.”151

I. Prisoners Attempt to Escape Increasingly Dangerous Conditions

Without power, the prison’s buildings were plunged into darkness. In Old Parish Prison, “[y]ou couldn’t see your hand in front of your face!”146 Prisoners began to set fire to milk cartons, sheets, towels, and other items just so they could see.

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QUANTONIO WILLIAMS

O n Saturday, August 27, 2005, I was arrested and charged with possession of marijuana. I was taken to the Orleans Parish Prison (OPP). At the time of my arrest I had with me approximately $700.00. That money disappeared and has never been returned to me.
When I was first imprisoned at OPP, I was imprisoned on the A side of a building that I think was Templeman I. After I had been there a couple of days, the water started rising in the building. When it reached approximately 2 1/2 feet, the detainees were locked down and the corrections officers left.
After the staff left, one detainee was able to open his cell door because he had fixed his door so that it would not lock. He got through a broken window to the control area and used the controls to open all the cells in the unit. Because the cell doors were now unlocked, everyone was able to go to the second level of the tier, out of the water.
The detainees went to a second area in OPP and tried to help other detainees get out of their cells. They were able to get some of the cell doors open so that these detainees could move to the second tier in that area, but they were not able to open the doors for all of the other detainees.
Then the correctional officers came back and moved us to Templeman III. We were put into a basketball court. There was no plumbing, electricity or air circulation available at this location. When we were first in the basketball court, on the second floor, we had no access to water. The staff all left again.
After about a day and a half, someone broke glass to get access to a

water fountain. We had no food during this entire period and everyone was hungry. People wrote signs and put them in the windows asking for help.
Eventually someone suggested using the rim of the basketball hoop as a tool to get out of building to try to be able to breathe and get food and water. It took about twelve hours of various detainees working to try to make a hole out of the building. Eventually the detainees managed to create a hole that was barely large enough for some of the smaller prisoners to wiggle through. Some of the detainees started to escape.
About thirty minutes after people started to escape, I heard a shot. Other detainees told me that a detainee had been shot, but I did not see it. Detainees told the staff that we couldn’t breathe, and that we needed food and water. The staff went away.
Some people tried to escape again. After people would start to escape again, the staff would come back outside. At first, staff tried to keep people from using the hole but eventually staff told us that if we could get out the hole we could do so, and then they would take custody of us. People tied sheets together to go down the wall. Eventually the sheets broke. I believe that some people who got out this way got away, and some were arrested.
All told, I was on the basketball court for two days without food, and most of the time without water. Eventually the corrections officers said that they were coming in to get us. When we were told that the correctional officers were coming in to take custody of us, we were afraid because we expected them to beat us, based on the reputation

Eventually the detainees managed to create a hole that
was barely large enough for some of the smaller prisones to
Some wiggle through. of the detainees started to escape.

of the OPP corrections officers. We lay down on the floor on our stomachs to try to give them no excuse to beat us. There was a lot a staff from other jails, and as it turned out, we did not get beaten.
We were then escorted to the first floor, where we spent about an hour. The floodwater on the first floor was almost up to my neck. Around 7:00 a.m. I was taken out of Templeman III to an overpass.
On the overpass we were put in rows. The rows in front had floodwater coming up to them. The staff who took us told us that we would be given food and water. Although we saw lots of food and bottled water around, we were not given any. We saw the correctional officers drinking the water.
The sun was bearing down on us, and it was extremely hot. Three boats were taking ten men at a time from the overpass. They took people from the front row. It took a long time to get to the front row, and lots of people were passing out in the sun. The only way we could keep from burning up was to wet our shirts in the floodwater. We sat out in the direct sun all day without food or water.
Eventually I was so desperate that I decided to act as if I had passed out, thinking that this would help me move up in the line. I was taken to the front, but all the people who had passed out were just left out in

the sun to the side, and not transported. One man in this section started acting out, and the correctional officer just sprayed all the people in the area, including me. I got mace all over my back. Eventually I got back in line.
At 5:00 p.m. the boats stopped coming. We were told that we would have to go down from the overpass and climb down scaffolding to the Interstate. We were told that once we got to the Interstate we would get some food and water. We climbed down the scaffolding around 3:00 a.m.
When we got down to Interstate 10, we were handcuffed in pairs and we were each given one small paper cup of water but no food. I saw cases and cases of water and boxes of food there. The Interstate was covered with ants, and there was a lot of debris because it looked as if at some earlier point food and water had been distributed to someone. The guy I was cuffed to and I asked a corrections officer if we could eat an apple we found on the ground and he gave us permission. We each ate half. We asked for more water. The officer said that he would check. He later told us that he was not allowed to give us water.
We were eventually put on buses and I fell asleep. We were taken to Hunt Correctional Center. When we get there the warden greeted us by saying so you are the people

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who were left to die. We were promised tents, food, and water. We were told that we would stay outside a day or two and live in tents. We were given salami sandwiches the first day.
That night we were taken to a football field. There were thousands of displaced detainees and prisoners on that field. I saw a large number of home-made knives, and people making more knives.

area, which had a concrete floor. We were given sandwiches, a toothbrush and toothpaste. We stayed there that night with no bedding or showers.
The next day we were taken to a gymnasium where we spent the night without any bedding. The following day we were taken to a dormitory. There was a water fountain and we got sandwiches. Eventually we started getting cafeteria food.

According to one Templeman III deputy, three St. Bernard Parish prisoners managed to climb through the ceiling of the gymnasium at around 8 p.m. Monday evening. “I’m not sure how that occurred. I was on duty at the time, and I assisted St. Bernard and several of our deputies in reacquiring those inmates. When they got on the roof, they didn’t know how bad it got outside, so they really didn’t have any place else to go.”1
One St. Bernard Parish prisoner who was in the gym at the time reports: “People were escaping though a side door, getting on the roof of the gym, and going from their. A few more were on top the roof when we heard police on the roof to ‘saying put your hand up’ then a couple of shots.”153 Another states: “People started escaping out of the gym about 4 people the caught a couple of them and maced them and hit them with their guns and threw them back in the gym with us and they told us if anybody else tried to escape they would come back in bodybags.”154

On the football field we were sleeping on the grass. There was a pipe that we used for drinking water, but had no toilets or way to wash up. There was no security on the football field; staff did not interfere with anything that was going on as long as people did not try to get out of the area. I witnessed stabbings.
On the last of the four days we were held there we were given sandwiches. Staff first planned to throw the sandwiches over the wall to us, but eventually they made everyone line up and go through the line to a controlled area to get a sandwich. During this period, buses came to remove prisoners from the area. There was a lot of confusion. I was in line attempting to get on a bus but I never got to the front of the line. During this period I saw two people wrapped in blankets on the field who were not moving during the several hours that I saw them. I assume that these people were dead.
I estimate that the population got down to 800-1000 people. Then the warden decided to take us into the housing area of the facility. We were told that we would get mattresses and a shower. We were stripped and taken to the housing area at Hunt. While we were naked staff sprayed us with a fire hose to try to make us not so dirty. We were brought to an outside visiting

At first we were told that the phones were down, although we could hear phones ringing in the institution. We were forbidden to write letters. When I was housed in the dormitory, while we were outside for recreation, I saw a man stabbed and left unconscious. During the entire recreation period, he was just lying on the ground unconscious. I never saw him again after I went inside back to the dormitory.
Eventually we were allowed to stand in line for one two-minute call after 10:00 p.m. I was very fortunate because I was able to reach my wife. After a couple of days she was able to get through the procedure to get me released on a $500 bond. I was released on September 22, 2005.
I suffer from mild congestive heart failure and asthma. On the street I use my asthma pump twice a day. After I got to the dormitory I filled out a sick call slip to try to get my asthma pump and medication for my heart condition. I was never seen in response to my first sick call slip. Staff told me to fill out another sick call slip. I filled out a slip and a nurse saw me two days before I left. She said she would check to see if staff wanted to order my medications. I never got my medication.152 I

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L EROY P. GA RD NER, III

It was breezy and I was cold and wet. I remember looking

around and seeing lots of people on the ground, but it was-

n’t until the next morning that I saw

thousands of us and wondered

what was going on. I looked

O n Saturday evening before the storm, there were rumors at St. Bernard Parish Prison that we might get moved. Deputies said buses were outside, waiting to transfer us. News reports were saying it looked bad, but that there was a chance the storm might turn. On Saturday evening, Sunday morning it got serious. At around 7 or 8am, deputies came running on our dorm saying that we should grab nothing but a blanket and sheet. They put plastic handcuffs and leg shackles on us and moved us out to the buses. By the buses we saw different guys from different tiers, and we were talking, thinking nothing was going to happen. When we got out to St. Bernard Highway we saw people still lingering, and in Orleans Parish we saw a few more people. We were yelling at people on the street. It looked like rain, and I wondered where we were going.
When I saw OPP, people started talking about whether we were going to go to CCC or HOD, the two tall buildings. Some people on the bus said that during previous storms they had gone to high up floors in HOD. Instead they took us into the Templeman buildings and put us in the gym. It was raining a bit, but the atmosphere was still light because we weren’t thinking about the seriousness of the situation.
They fed us lunch and then supper. The rest of the day went

smooth, and the lights stayed on. During feed up, the St. Bernard and Orleans Parish deputies would be on a stage in the gym and OPP Yanks would feed us when we lined up. The next morning it was raining and the rain was running down the insides of the walls. We managed to get breakfast, but after that the Yanks and the deputies were out of there. It was raining hard, the wind was strong, and we saw the roof bending. More water was running down the walls, and then the water started rising and rising. The lights also went out.
Different guys kept going back and forth to the door to ask about the lights and whether we were going to be moved. At one point, someone noticed a door leading to the yard outside, and they managed to kick the door open. When the water was rising, and the deputies had left, inmates started fighting each other. The lights were off and people were fighting everyone.
One inmate who was in for murder and another guy beat one inmate real bad—they pulverized him. There were some other fights, but in the meantime guy charged with murder slipped out the door with another inmate. They must have climbed up onto the roof using a drainage pipe or something and ran across the roof until they escaped. The guy charged with murder was only captured after he supposedly murdered someone else.

around and saw water for miles around.

Another group tried to escape after that, and we heard a loud Boom! A St. Bernard Parish lieutenant threw an inmate through the metal or tin roof. His hand was cut really bad from the fall and now it is disfigured. The Lieutenant came in after that and did a roll call to see who was gone. Another guy who had tried to escape said he got all the way to the courthouse steps before he was caught. I don’t know if that was true, but he showed us bruises from where he was shot with beanbag guns.
By that point I had already had two seizures. One happened right after breakfast—I had a seizure and an OPP nurse came and others who were on my tier at St. Bernard told her I needed Dilantin and she told me to take two doses because my levels were really off. When you have a seizure, every muscle and bone—everything—is sore. Your body is like it’s fighting itself. You can’t stop someone from having a seizure. Once it starts it’s got to run its course.
By Monday night I still hadn’t eaten. St. Bernard deputies all day were saying that food was coming. At night they came in with racks of bread and started handing out three slices per person. They must have had 100 loaves of bread or

something. People started grabbing at the bread.
Early the next morning, deputies came in and said they’d get us out of the water; it was up to my stomach at that point. They said they’d bring us somewhere better. When we got into the hallway, the water started getting higher—up to my chest. They led us to a door and I saw we were still on the bottom level, by F Side. The water was freezing cold and had a stench to it. They told us to go in the room, and we went up the steps to the upper level. We ended up with 7-9 people per two-man cell. Two OPP guys were still locked in a cell upstairs. After a while, people started finding things that had been left in the cells by the OPP inmates who had been moved: cigarettes, food, dry clothes. Going into the next day, people started to make candles out of Vaseline. Smoke was everywhere—no oxygen. There was no way to breathe, and I caught another seizure. I also have asthma, so I wasn’t doing well. Another St. Bernard inmate stayed by my side and helped me through that third seizure. At one point, juveniles from Orleans Parish came in with a key—I don’t know where they got that from. They came into our area and were raiding the guards’ booth with the key

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they had. The deputies had food, cigarettes. I didn’t go down, but the inmate who was watching over me brought back some food.
Someone found a huge floor fan with big blades and they dismantled it to make a big weapon. They used the pieces from the fan to break all of the windows out of the tier and make a hole in the wall on the upper level. Some people tried to jump out the hole, but deputies on the outside were shooting warning shots, telling them to get back in there. Some inmates were yelling to people on the Overpass. We were in F Side from early, early Tuesday morning to Wednesday night/early early Thursday morning. I think SID came to get us, barking orders. I had a seizure on the steps and another inmate carried me through the water to the boats.
When I got to the bridge, nurses came to see me and told me they had no meds and I should lay down and relax. It was breezy and I was cold and wet. I remember looking around and seeing lots of people on the ground, but it wasn’t until the next morning that I saw thousands of us and wondered what was going on. I looked around and saw water for miles around. At one point, the guys whose tier we had been on saw we were wearing their tennis shoes and everything, so they surrounded us and wanted their stuff back. SID stopped that. Later, St. Bernard deputies told us we could

stand and stretch, but when we did SID told us to sit down. When they asked who told us we could stretch, one of our Corporals said he had told us to stretch. The SID officer showed no respect to him and said you don’t run anything out here—don’t do anything until we tell you to.
I was taken by boat to the Interstate, where it was dry, and boarded a bus to Hunt. At Hunt I was placed in a small yard, so I never went to the big yard. I caught a seizure in the yard at Hunt on Friday evening. They took me to the infirmary and gave me Dilantin medication and four breathing treatments. Breathing treatments are when they pour Albuterol in liquid form into a mouthpiece and you inhale.
That night they put me on a bus to Claiborne Parish, where I had another seizure in the lobby. I was so stressed—I didn’t know where we were, how my family was. At Claiborne they increased my Dilantin medication, but I stayed stressed because they treated us pretty bad at Claiborne. I’ve never been through nothing like that in my life and I pray I don’t have to again. Now I’m in jail hoping my lawyer will get me credit for time served. I have a 22-year old son and a 16-year old son I haven’t seen since the storm. My 15-year old girl is running for class president. I can’t live like this.156 I

The CCC building houses prisoners who participate in OPP’s rehabilitation programs, such as the Francois Alternative Center at New Orleans, the About Face Boot Camp Program, and the Blue Walters Substance Abuse Treatment Program. CCC prisoners report that they were left in locked cells and locked dorms. According to the former Medical Supply Officer, who was in CCC throughout the storm: “It was terrifying and he [Sheriff Gusman] absolutely put our lives in danger. . . . The inmates were rioting, burning, busting down walls. They were angry and mad. We had no idea if they would take a hostage. We didn’t know what was going to happen.”157 Medical Director R. Demaree Inglese told one reporter that the prisoners in the CCC building “were hardcore people . . . . Some of them were federal inmates, rapists and murderers.”158
In fact, many of the federal prisoners were actually immigration detainees, who were not charged with any crime at all. According to the Sheriff’s own data, none of the prisoners housed in the CCC building were charged with rape, and only one prisoner out of more than 700 housed there was charged with murder. Rather, hundreds of the people in CCC during the storm were in on minor charges—including technical parole violations—and were participating voluntarily in the jail’s rehabilitation programs in an effort to beat a drug addiction or obtain a G.E.D. What Dr. Inglese took to be rioting by dangerous and violent prisoners was more their desperate efforts to escape increasingly hazardous conditions inside the jail.
Left unsupervised, some of the CCC prisoners were able to open their cells and free others. “If it wasn’t for inmates somehow getting my cell open I probably would have died.”159 One prisoner sentenced to the About Face Boot Camp reports:
Our building lost power the night the hurricane
came. Me and my cellmates were lock in the cell for
two days with no food. The deputies left the night of
the hurricane and never came back. Other inmates
had to get us out of the cell. When we did get out of
the cell some inmates were knocking a hole in the
wall so we could get out to see what was going on.
When we got out we found out that the other domes
in the building were going through the same thing.
Inmates all over the hole building were locked in
there cells and the ones that were out where helping
get them out. They also didn’t have any food. In one
dome you could see inmates escaping they were jump-
ing out of windows in Templeman. They were getting
shot at but we couldn’t see who was shoting at them.160
On the third floor of CCC, prisoners broke through a window and used the metal window screen as a ramp to get down to the roof of the second floor of the building. Darnell Smith, sentenced to the About Face Boot Camp, describes what happened:

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Sunday night, August 28, all the power went out. The deputies were nowhere to be found. We had to break out of our cells. About 60 inmates walking around the tier, with no running water, no food, no electricity, & horrible living conditions. After 3 days of this, we decided to try & get out ourselves fearing we were left for dead. Wednesday morning we took a metal bar out of the ceiling, and used as a battling ram to break through the walls until we were out in the area where the elevators were. Once in this area we noticed that inmates on other surronding tiers had started to do the same thing, fearing the worst. A few deputies showed up peering threw locked doors, that we could not get through, and told us to go back to our tiers. When we refused they started to point guns and threatened to shoot, if we did not comply. We located a long thin window overlooking Gravier St. We started to break the brick around the window. We continued until the window was loose enough for us to pull out of it’s casing. Once we had the window removed, we started to jump out onto a patio roof over the main entrance of the C.C.C. building. We looked down and spotted a few deputies just sitting on the steps of the main entrance. We cried out for help from them. Once they saw us, they started to point their guns up at us thinking we were trying to escape, when actually we just wanted help. We had’nt eaten anything or drank anything since Sunday evening, and it had started to take effect on us. We pleaded with the deputies for help. They told us that boats were on the way to bring us to safety, and once the boats got there we would have to return to our tiers in order to be evacuated. In the meantime we sat on the patio roof, trying to suck up all the fresh air we could, before the boats arrived and we would have to go back inside this horrible building, and breath that toxic air again.161
One deputy from Templeman III made his way to the CCC building days after the storm. He reports that the prisoners in CCC took over the building “because all the guards were downstairs.” 162 When asked what the guards were doing downstairs, he replied, “good question.”163
In several buildings, prisoners tied bed sheets together to lower themselves out of broken windows so that they could jump to safety in the water below. One prisoner in Templeman III writes that after he suffered an asthma attack, other prisoners carried him to a hole in the wall and “told me to go through it & climb down a rope that they made from bed sheets that led from 3 stories high in tha air to ground in tha flood water once I climb down tha rope. Another inmate was waiting down there for me to help me they told him I was to

weak to do anything so he told me hold on to his back while he dog paddle through tha high flood water to safety.”164 One juvenile who was being housed in Templeman III writes: “[S]ome inmates were broking through the walls jumping from the third floor to the water. So of them could not even swim but that was their alone choice. As soon as they hit the water the deputies begin to shot at them.”165 Deputy Reed was on the Mezzanine level of HOD, where he was stationed to watch for escapes. Deputy Reed describes “people getting shot by snipers around the jail. It looked like people were getting picked off. You see somebody fall. . . . It seemed unreal. I don’t know if they were getting shot with live rounds or what; they were falling in the water and that was enough for me to see right there.”166 One deputy in Templeman III reports that he swam to CCC, but chose to go no further out of fear of being shot by prison officials on the roof of HOD.167
Many prisoners and deputies report seeing prisoners hanging from the rolls of razor wire lining the fences that surround the facility. According to Ace Martin, a Templeman III prisoner: “One guy jumped out of the hole and they shot him. . . . He fell on a barbed-wire fence. They picked him up in a boat and told us to stay in the hole or we’d be shot.”168 One juvenile in South White Street states that he saw an escaping prisoner get “caugth on the bob wire, and all his muscle was out on his arm, and you know he did not get any kind of medical assitants.”169 Luis Reyes, a Deputy at CCC, reports that prisoners in a nearby building were “jumping out of the windows onto the razor wire and they were hanging there until we could get to them.”170 Another deputy recalls that the man “was yelling he needed a doctor. I can’t recall which ranking officer said we can’t get you a fucking doctor right now. You got to wait till we finish. We couldn’t touch him without further hurting him. Don’t know what happened to him.”171 One deputy saw several of the men who had jumped and landed on the razor wire surrounding the perimeter of Central Lock-Up:
They were standing against a wall in the carport area
of Central Lock-Up. They were in need of medical
attention—there were some severe lacerations on
them from the razor wire. One of them had a deep
laceration under his right arm and on the side of his
left eye as well as on his chest. Another had a lacera-
tion on his left shoulder blade and on his right bicep.
I recognized these inmates as being in my building,
but I do not remember what tier they came off of.172
In some of the buildings, corrections staff ordered prisoners to jump into the water. One deputy in HOD recalls seeing prisoners from the Templeman I building lowering themselves onto a roof using blankets that they had tied together. “At night [staff members] were ordering inmates to jump into the water, and they were using flashlights to pick them up.”173
Prisoners also hung signs outside of windows and set signal fires in order to get help. Writing several weeks after the storm had passed, one local reporter notes, “[n]ext to one smashed jail cell window, taped to the outside of the building, is a sign scrawled by an inmate, ‘We Need Help.’”174 One pris-

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oner writes that when he saw a news helicopter several days after the storm, he and another prisoner hung a sign saying “HELP NO FOOD DYING.”175 Another prisoner writes that he wrote a sign stating, “Help us.”176
J. Officers Use Force to Contain Prisoners Until the Evacuation
Once OPP fell into disorder, it became much more difficult for the dwindling security staff to regain the control they needed to move prisoners to different parts of the buildings. Many of the deputies who remained on post did not have the weapons, ammunition, and other necessary equipment they

needed to maintain order. Some improvised, throwing hot water balloons at prisoners in order to keep them in their cells.177 According to Dr. Inglese, OPP’s medical director, one deputy brandished a curling iron to keep prisoners at the CCC at bay. 178
In Templeman III, deputies decided on Monday evening to move the St. Bernard Parish prisoners out of the gymnasium and into F-side. They also decided to move some, though not all, of the men housed in the first-floor tiers. The Special Investigations Division (“SID”) was called in to help with the move. SID is the Sheriff’s elite anti-riot force. They arrived with shotguns loaded with beanbags, pepper spray (or mace) and batons.

BEANBAG GUNS, TASERS, AND PEPPER SPRAY: “Less Lethal,” But Not “Non-Lethal”
Police officers and correctional officers are increasingly using three types of less lethal weapons to carry out their duties: projectile weapons, electric stun devices (e.g., Tasers), and chemical agents. These weapons are designed to apply less than deadly force, but three main problems are associated with their use.
1. Less lethal weapons are being misused to stop non-threatening behavior and as shortcuts for non-dangerous pursuits. Although the weapons were designed as an alternative to deadly force, they are being used in situations where deadly force would never even be contemplated. For instance, such weapons have been used on unarmed children as well as individuals who are already restrained or in custody.179
2. Less lethal weapons cause serious injuries, and their use has been associated with deaths that have not been adequately studied. Projectile weapons such as beanbag guns and rubber bullets are designed to cause pain and incapacitation without penetrating the body, but they have been the cause of penetrating traumatic injuries. Such weapons have caused serious injuries, including life-threatening cardiac injuries and fatalities.
Electric stun devices include various guns, belts, and shields. Stun guns fire a 50,000 volt-charged barbed projectile, connected to the gun by a long length of wire, causing involuntary muscle contraction and painful shock sensations. Harms caused by these devices include injuries from the barbs as well as falls or other injuries due to loss of muscle control. The most serious injuries result from the electrical discharge, and have included spontaneous miscarriages,180 testicular torsion and sterility, as well as a number of injuries and deaths from cardiac injury, including ventricular fibrillation. Over 150 people have died in the U.S. after being shocked with a Taser since June 2001,181 and in June 2006 the U.S. Department of Justice announced that it is reviewing the deaths of up to 180 people who were subdued with electric stun devices.182
Chemical agents such as tear gas, mace, and pepper spray are used on crowds as well as individuals. They act on nerve endings, causing pain and burning. The most common injuries from pepper spray include gagging and shortness of breath and eye injuries, including corneal abrasions. Amnesty International reports that more than 100 people in the United States have died after being pepper-sprayed.183
3. Less lethal weapons are being used in a racially discriminatory manner. Preliminary studies point to disproportionate use of less lethal weapons against persons of color.184 This preliminary data, although incomplete, are consistent with findings concerning the disparate application of deadly force by race, as well racial profiling in traffic and pedestrian stops and searches.

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During the transfer, one deputy explains:

Inmates wanted food, water. They wanted to go home, some of them wanted to check on their families. . . . Pepper spray was used to subdue several inmates. In a normal circumstance, I would have said it was excessive, but under the circumstances we were in I would say it was appropriate. If this was a regular situation, not an emergency, we could have taken more time to talk the situation down, but under the situation we had to use the pepper spray to get the inmates in order to transfer them to where we needed to go.185
He says that no prisoners were shot while he was present. 186 Many prisoners tell a different story about SID’s
involvement. One man reports: “Some inmates were shot at by S.I.D. officers, they used beanbag shotguns. S.I.D. officers struck some inmates face as well. I was hit in the rib area (3) three times as well. This occurred during the move from F-1 to H-1.”187 Another prisoner in F-side reports that SID:
came and handle 3 inmates really bad. They came and told everybody get down on the knee’s and put your hands behind your head. They slowly evacuted us to higher ground. After they escorted us to higher ground they then abuse certain inmates because somebody had cursed them out and he had dreadlocks so whoever had said that they want to find out who said it. They had guns. I dont know if the guns were real, but when they first came in they shot the gun to get order.188
Late Monday night, some of the prisoners who were left on the first floor at Templeman III began to break out of their tier. One St. Bernard Parish prisoner moved from the flooded gymnasium to the flooded F-side explains that deputies “had the airlock in the hall shut so inmates burnt a hole through it but the deputies were down the hall by the fence shooting them with bean bags.”189
SID officers also used force against prisoners in other OPP buildings. One man on the third floor of Templeman II reports that when deputies and SID officers came to evacuate his floor on Tuesday, they assaulted and “shot inmates with mace & bean bag guns.”190 Another man held on the third floor recalls that on Monday, prisoners began yelling to get the attention of the guards:
We simply want food & water. We want to know if were going to be evacuated. Did our families make it out??? S.I.D. goes to several dorms spraying mace & shooting bean bag guns demanding silence. They simply leave after terrorizing us & answer none of our questions. It’s the only police presence we see throughout the day.191

I am thirty-two years old, and I worked as a deputy sheriff at the Orleans Parish Prison from June 1998 until right after the storm. Every year around storm season there’s a possibility you might have to go and stay in the jail. You bring a change of clothes, your medications, and you’re not sure how long you’re gonna be in there. We didn’t expect anything serious to happen, because last time the hurricane never actually hit. My supervisor told me that I had to report to work the Sunday before the storm. I think I was supposed to be off Tuesday through Wednesday. My wife wanted me to quit and evacuate with our family, but I decided not to. She was upset that I didn’t go to Georgia with them— she had a feeling it would be different this time.
I went in to work because it’s like a family there, and one less person on staff can make a big difference—especially since I’m big, strong, and experienced. I’m 6’7” and was 500 pounds at the time, so I knew my presence there would make a difference. Also, I worked with troubled inmates on the psych ward in the House of Detention, and I didn’t want to let anyone else down by making someone else take over for me with those inmates. Even though I knew I couldn’t evacuate, I never considered bringing my family with me into the jail. I don’t believe in bringing my family there. I don’t want them in that environment.
The first day I was there was pretty much a normal day. It was raining. I was assigned to the 10th Floor (psych floor). At night, the storm hit. I am in a huge brick building on the 10th Floor, and the whole building is swaying from side to side. I was scared. The floors and stairs got real slippery, and there was water coming in from places

you didn’t know water could come in from. The first day of the storm was alright—you’re looking out at the rain and the water, it had to be about two or three feet at the time. But it was rising and rising even after the rain stopped. That was such a weird thing to see.
The next night, I really couldn’t sleep. Phone lines were down, so you couldn’t contact anyone outside the building. People’s cells were going dead. We had these two-way radios, but they could only be used between people inside the jail. We listened to the radio and heard the levy had broke. When it got light, I looked outside and I saw the water was up to the roof of my truck. It was a horrible feeling. That’s when it started to sink in: we’re trapped.
Once the power went out, deputies started quitting right and left. They didn’t leave the building of course, but they just didn’t go back to work. Women especially got scared once the storm hit and the power went out. We really didn’t have any problems with the inmates except that they were upset because they didn’t know what was going on with their families. They didn’t have TV or radio, so they had no way to know what was happening. It was tough for them. I let them know what I knew, which they really appreciated. Some of the younger deputies didn’t know how to handle the inmates and instead of telling them what was going on, they yelled at them to be quiet. Even though they’re in jail, they are human beings. I am not pro rights for inmates or anything, but they didn’t know anything about their families or anything, and they deserved to know.
There was never any special training for us deputies about storm preparation, emergency evacuation, nothing. We didn’t have fire

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DEPUTY RENARD REED

Even though they’re in jail, they are human beings. I am not pro rights for
inmates or anything, but they didn’t know anything about their families or anything, and they deserved to know.

drills or any other emergency drills that I can remember. Plus, the new administration under Sheriff Marlin Gusman was always cutting down on spending, and they waited until the last minute to get supplies for the storm, so we ended up real short on supplies. Back when I started working as a deputy in ’98, everything was abundant; you never ran out of supplies for your floor. There was always enough toilet paper to go around. If you needed a mop, you’d go into the store closet and grab one. As time went on, it was like you had to jump through hoops just to get the stuff you needed for your floor. All I know is that the supplies were so low during the storm that we ran out of food, and I didn’t eat for almost three days at one point in time. I’m 32 years old—I was 31 at the time—and I’m big enough to survive. All I need is some water and I’ll be okay. I am diabetic, so there were some issues with me not having food for so long, but I wanted to leave what food we had for the elderly, sick, and young, so I just went without.
Usually there are at least two deputies per floor. Since more people were working during the hurricane, before people started to quit there were about three to four people per floor. After people started quitting, there was only about one deputy per floor. I don’t know why they did this, but the Associate Warden Bonita Pittman locked us

on those floors with the inmates and no way to get out. I was trapped for the entire 12-hour shift! After my shift was over, they’d send someone to my floor with a key to unlock me.
At one point, I think it was the third day I was in there, I was locked on the 3rd Floor for my shift, and I noticed that one inmate wasn’t looking too well. I didn’t know what was wrong with him specifically, but I asked what was wrong with him and he told me he had asthma problems. I asked him if he had an asthma pump, and he said yeah but that it wasn’t working. I told him to lie down, maybe it will pass. He kept getting worse, so I tried to beat on the back door to get help, but no one heard. Eventually, I had to knock out a window with a broomstick to get help. Someone downstairs happened to hear me, and they called medical. There was no running water or anything, and they had to bring him oxygen to save him. The doctors came and saved his life.
The fourth day, I was sent to the Mezzanine, which doesn’t have any inmates. It’s got the heavy equipment like the generators. There’s an exit to the roof there. I was supposed to go up there with a shotgun; in case anybody got out, I was supposed to do what I was supposed to do. I had live rounds there with me, but at the time there were rubber bullets loaded in the gun.

No one from HOD escaped. You could see that in the Templeman III building, someone knocked a hole in the wall and set the building on fire. It was almost like the Third World: people getting shot by snipers around the jail. It looked like people were getting picked off. You see somebody fall. . . . It seemed unreal. I don’t know if they were getting shot with live rounds or what; they were falling in the water and that was enough for me to see right there.
I heard rumors of riots going on at the other jails, but I’m not sure if it’s true or not. Not in the building where I was at. Some people tried to set fires, but those were put out quickly. I was up on the Mezzanine for about 48 hours, mostly alone. I couldn’t sleep. Adrenaline, worrying, it kicked in. I hadn’t spoken to my wife since Sunday, didn’t know what happened to my parents. I didn’t have any food. The inmates were eating cheese and cartons of milk. We melted buckets of ice for water.
Some time after that, DOC came down from around the state to start evacuating the inmates. HOD was the last building to get evacuated. We don’t have any heat or A/C, so it’s naturally ventilated. The other buildings were sealed shut because they had A/C and heat, but neither of those worked with the power down. So, because we had some kind of ventilation, we were better off I guess, and our inmates got evacuated last. Everyone had to come through the Mezzanine to get out because the bottom floors were flooded. We brought the inmates through the roof. I saw every face as they came out. The maximum-security inmates were handcuffed, but everyone else just had these plastic cuffs that linked two people together. DOC had people in full riot gear assisting

the evacuations, with stun guns, tear gas, mace. Most of the prisoners were calm during the whole thing; they were happy to be getting out. There were a few instances where someone needed to get stunned—I didn’t see it, but you could hear it. A couple people were shot with plastic bullets, and a couple were tear gassed. But it was mostly calm. It’s better to show force than to have to use force all the time.
After we got all the inmates out we thought it would be okay. But after they were gone, there were no more boats. The sheriff was gone too—he really wasn’t worried about us deputies. Somebody had a twoway radio and called Charles Foti, the old Sheriff. Foti got us boats and shelters, while the current Sheriff left us stranded. If it wasn’t for the Coast Guard who dropped cases of water and MREs. . . . I never want to see another MRE in my life! We finally all got out and took buses to the airport.
I think, in a situation like this, it’s more common sense than training that gets you through. You see who are good leaders and who are not. Good leaders stepped up and solidified things. Bad leaders didn’t. Two commanders stepped up real big, but my supervisors kind of caved in. After the storm, the sheriff’s office asked me to come back to work with a raise. But I can’t work under the warden, Bonita Pittman— she is not an honest person.
Today I’m in the process of looking for a job. My health has made it tough, because I am diabetic and now I need to take insulin. I was getting unemployment for a while, but not anymore. I never got any kind of compensation from the Sheriff’s department. This whole experience was a learning experience—a horrible experience.192 I

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In Templeman I (Unit E-2), one prisoner reports that SID was called in when some prisoners in an adjacent dorm became “unruly” over conditions:
But, since we were curious as to what all the commotion was about, we were all looking out of the dorms’ window to see. So for our curiosity, “S.I.D.” came in “our” dorm & made all of us get down, put our noses to the wet, foul, and unsanitary floor, and when one of my fellow inmates proclaimed “that we hadn’t done anything wrong” one of the “S.I.D.s” assaulted him with the “butt” end of his rifle.193
One man reports that when he was on the Broad Street Overpass, he
could see prisoners breaking out windows on the 2nd & 3rd floors, waving blankets yelling for help. I personally saw 6 prisoners jump to the water below from the floors mentioned. After the shooting stopped there was a prisoner with a big whole in his left upper back bleeding very bad being dragged up the Broad Overpass where we were seated. 194

Officers stand guard over exhausted prisoners on the Broad Street Overpass

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PHOTOGRAPH: REUTERS/JASON REED

IV. LEAVING ORLEANS PARISH PRISON
“We were rescued, not evacuated” 1
A. Breakdowns in the Chain of Command
Having received reports about extensive flooding in New Orleans, DOC officials became increasingly concerned about Sheriff Gusman’s decision to not evacuate OPP.2 By Monday night, many of the buildings in OPP were filling with water and had lost power. According to Sheriff Gusman, it was at this point that he called DOC and requested assistance in evacuating the prison.3 Some deputies tell a different story. According to them, the evacuation began in earnest only after officers in charge of the OPP buildings “went over the head of Criminal Sheriff Marlin Gusman and called Attorney General Charles Foti for state reinforcements.”4 According to one deputy, “[o]ne of the captains called Foti and said, ‘We’re losing the battle.’ . . . They (DOC) showed up with all the things we didn’t have: shotguns with beanbag rounds, tasers, rubber bullets, riot gear, bulletproof shields.”5 The DOC’s technical assistance report indicates only that the department received a call at approximately 11:55 pm on Monday night from the Orleans Parish Criminal Sheriff’s Office requesting DOC assistance in evacuating OPP; the report does not indicate that Sheriff Gusman placed the call, or directed that it be placed.6
In Templeman III, the Watch Commanders were disorganized and unable to give clear directions to their deputies. At one point on Sunday evening, a deputy recalls receiving “[a] lot of conflicting orders from the Watch Commanders. The orders from our Watch Commander were to leave the inmates where they were, and another Watch Commander said to move the inmates to a higher floor.”7
Deputy Foster reports similar confusion in the House of Detention. “As the storm approached, [things became] chaotic. No one gave any orders. Everyone said, ‘I think we need to do this, I think we need to do that.’ Deputies were running the jail. . . .”8 One deputy states: “When we got there, they hadn’t told us anything. They kept telling us they were waiting to see what the sheriff was going to say. No procedures, no safety precautions. No evacuation plan. The sheriff shouldn’t be a head of nothing. Anytime a man can’t even handle his employees. . . . I been there three years and I been through a whole lot.”9
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DEPUTY DUANE LEWIS
take leg On some floors, the deputies had to shackles and tie them around the cell doors to secure them in order to prevent the
inmates from getting out.

I became a deputy at OPP in 2002, and I was assigned to HOD. I showed up to work the Sunday before the storm at noon, six hours ahead of schedule. I’d been told to be prepared to stay for at least three days, so I’d brought enough food and medicine for my diabetes to last me that amount of time. My fiancé and family all evacuated before the storm hit. I didn’t go with them because I’d been told at Academy class that if you don’t report to work, you can be arrested for negligence of duty. My fiancé didn’t want to me go to work, but I told her that I took on this job knowing the responsibilities I needed to do. She went to the Superdome, and my mother, niece, nephew, and daughter went to Jackson, Mississippi first, and then to Dallas.
Between noon and 6:00pm when my shift started, I helped people around the building getting supplies and stuff. At 6:00, I went to roll call and reported to the 8th floor. Two deputies, including myself, were on call for the 8th floor that night. That floor was solitary confinement, federal inmates, and protective custody. The inmates knew there was a storm brewing, but they didn’t show any emotions that they were scared at the time. The shift went fine until the storm hit—about 5:30am. The transformers blew up, and we completely lost power. I was doing my rounds, and once the power went off, the electronic doors to the cells stopped working. Once that happened, I knew we had to go in and patrol more frequently to make sure the inmates were safe and secure. On some floors, the deputies had to take leg shackles and tie them around the cell doors to secure them in order to prevent

the inmates from getting out.
Sometime that first night after we lost power, my foot got injured. I don’t know if something fell on my foot or what. My foot was swollen out, and by the time I was relieved from my floor, we had no power for the elevators to work so I had to hobble down the stairs. I needed help to make it down. By 7:15 am I told my supervisor that I was injured, but I continued working because I felt that with that amount of inmates and civilians in the building, it was my duty to protect the civilians. I’d heard reports, not sure whether they were confirmed or not, of rioting in other buildings, setting floors on fire. When I heard about that, I thought about the women and small children in the building, and I decided it was my obligation to protect them from the inmates in case one of them tried to riot to get out.
On Day Two, I was placed in a position to keep people from swimming up to the building. I was posted on the Mezzanine area, and right above there was where the civilians were staying. I had a .357 revolver with regular issue loads. No one tried to come up. I got very minimum to eat and drink that whole time. I’d brought my own food with me, and that was my main source of food. People were getting scared, ‘cause there was no ventilation in the building. One deputy told people to get down because he was going to shoot the windows out on the Mezzanine where the civilians were to get some ventilation. That scared a lot of the civilians who didn’t know what was going on.
When they started moving the inmates out of the building, some

were pepper sprayed and maced and forced out of the building. I didn’t have to use force with anyone. Once we got the inmates out, they turned their back on us deputies. The way they treated us after the storm, you couldn’t imagine it. We really didn’t have any more food. Tom, a former deputy who was staying in the building, needed oxygen and they didn’t have any oxygen for him in the building. The refrigeration went down when the power went down, so the insulin I had with me for my diabetes went bad. I was in a lot of pain, but I had to suck it up and give the others comfort.
At one point I called my mother and told her, in case I don’t make it out, I want you to have it in the record that we are not being thought of. There is no food, water, or any form of sanitation. Thank God I have these two jars of peanut butter and two loaves of bread to help me survive. How can the Sheriff’s office run out of food? Another deputy’s husband swam out and came back with watermelons that were floating in the water. Now, I wasn’t supposed to let him out, but I’m not gonna stop him from trying to get food in a state of emergency. We had a candy machine filled with chocolate, chips, all forms of energy. And we were told, “You better not break those machines to get to the food.” All that food could have been used to feed people! We had children in there with us, but we

had milk go sour sitting in the milk machine. The helicopter came and dropped of food enough for thirtythree people, and we had over one hundred people in the building. If you had a helicopter drop off food, you could have that helicopter take sick people out. You were left to think, “How you gonna do this all on your own?” Thinking about all this now is bringing up a lot of mean emotions, but it’s hard. The idea of bring forgotten about, and not even being told “thank you.”
On the Friday after the storm, they got me by boat and dropped me off on a bridge. I was left on that bridge for about an hour to fend for myself, and then a helicopter came and took me to the airport. No one from the Sheriff’s office was there to help me onto that helicopter. I took myself on an ambulance to Baton Rouge General Hospital for treatment of my foot. I had two surgeries done in Baton Rouge trying to save my toe. They thought they saved it.
I had to be flown from a small plane to Dallas to be with my family. In Dallas, I went to Baylor Hospital and met with a doctor who said my infection was too bad, that gangrene had set in, and we are going to have to take that toe. Two days after I woke up from toe amputation surgery, I received a phone call from Bonita Pitman. “Lewis?” she asked. “Are you planning to return to work?” “Yes,” I told her, “when I am well. I just had surgery, I have a

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106 fever.” What the hell? Not to send me a get well card? She knew what had happened to me.
Being diabetic, I was going through a real hard time. I went from walking on crutches to using a wheelchair to using a walker. I had to take antibiotics for roughly a month—they had to run tubes up my arm into my heart. When I called in and filed my first report to try to get workman’s comp for the injury, they denied me and told me my injury wasn’t work-related. To this day, I cannot work, and it is undetermined when I can go back to work. I am on my own financially. I am two inches from being put on the street.
These days I deal with post-traumatic stress—I am taking medicine for that—depression—so that I can sleep at night. I have violent tendencies from being faced with a place with no food, no fresh water, and when we did get food, there was only so much. Last time there was a thunderstorm, I ran and got in a closet. I’ve bitten my fiancé in my sleep from having violent dreams. I was fighting in my mind. I’ve had people send me copies of the things Marlin Gusman said he did for the hurricane. Wait a minute man! You didn’t do shit! I didn’t see you walking in that water. I didn’t see you getting people out of that building. Marlin Gusman made it seem like some big successful thing that he done. It wasn’t you. You were just a figurehead with makeup on your face. Come on man, I’m not stupid. You were supposed to be a man among men. You are the leader—you should hold your head up and at least make me feel like you know what you’re doing. I’m sitting here with gangrene setting in past my ankle,

and you couldn’t even send me a get well card. But you managed to send me a form saying how much I owe for my equipment. You can’t even send me a card and say to me, “I’m sorry you lost your toe and if there’s anything I can do, let me know.” I have to deal with depression, fear, snapping at my fiancé, and going from a forty-year-old man to a little baby when it rains. But all I want to hear is, “Thanks. Job well done. You did a good job, bro. I’m glad you were there, glad you helped out.” That’s the biggest thing. A lot of us feel that way. All we wanna hear is for the man to say thank you. That’s it: thank you.
The one thing the jail needs is to be better prepared. They need to have emergency preparedness training every six months or three months. They need to train each building so that each one is a complete self-sustained entity. Train people so that people in each building can handle all situations in each building. Ask: “Is the fuel for the generator where it can’t be contaminated by water or wind?” Train everyone how to use the riot gear. Train deputies to put on air packs in case you have a fire inside the building so they can get people out in a safe manner. They don’t have training like that. I am a merchant marine: I’ve had training. But not here. There is no fire training in the jail system. There is no biohazard training. You’re waiting for the fire department to get here, but the floor is full of smoke. You should have a special unit, whether it’s deputies or inmates or both, trained to use the thermal imager to find people who may be lying on the floor. That might sound farfetched, or too far in the future, but to me, that kind of training could be done.10 I

Even after the storm was over, Orleans Parish and St. Bernard Parish officials continued to bicker over who was responsible for the St. Bernard Parish prisoners who were transferred to OPP prior to the storm. Discussing the three St. Bernard Parish prisoners who managed to escape OPP, Sheriff Gusman wrote: “The St. Bernard Parish Sheriff’s Office maintained responsibility for the security and wellbeing of these inmates. . . . They provided their own deputies to guard their own inmates.”11 St. Bernard Parish Colonel Richard Baumy disputed Sheriff Gusman’s account, stating: “We sent six deputies there to assist their operation. . . . They were under the command of New Orleans deputies. It’s their jail, of course, so we had to operate under their supervision.”12 According to one OPP deputy who was on duty in Templeman III throughout the storm, the St. Bernard Parish deputies were “scared to death of their inmates. We were told not to deal with them because if something happened we’d be responsible. We eventually had to feed them because they [the St. Bernard Parish deputies] wouldn’t.”13
B. The Evacuation Finally Begins
The OPP evacuation began after state DOC officers from Angola arrived with Warden Burl Cain. The process took over three days, and appears to have been completed at some point on Thursday evening or early Friday. Prisoners report that various corrections personnel rescued them by boat, including DOC guards, OPP deputies, and national guardsmen.
In some buildings, rescuers were unable to free prisoners because their cell doors could not be unlocked. In Templeman III, many of the prisoners in the first-floor B-Side remained locked in lower-level cells while the surrounding tiers were evacuated. One deputy explains: “The inmates that were the easiest to move were moved first. . . . B-Side was primarily last, because one of the Watch Commanders misplaced the key and we had to find an alternate key.”14 “Before the water got to my waist, we put them all on lockdown and the scary thing about that was the cells wouldn’t open back up,” says another Templeman III deputy.15 “[S]o we had to go in the water, open your eyes and try to open them manually and only my Chief Bordelon and Major Jones were able to do it. That was a big help that they were on hand—without them, the inmates would have died because they never taught us that.”16
Most prisoners report that they were instructed to leave all of their belongings behind, and were told that they would still be

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JOYCE GILSON

At the time of the storm, I had been in Orleans Parish Prison for about one year. I was housed in a ground-floor dorm (Unit B) of Templeman IV. The women in our unit stayed in open dorms with triplestacked bunk beds. At the time of the storm, some women were even sleeping on the floor because there wasn’t enough bed space.
We found out the storm was coming by watching TV, but on Sunday the TV cut off. The phones were already off, so after Sunday we had no more contact with what was going on outside. All we knew was what the Yanks were telling us when they came back to the dorm after talking to the deputies. On Sunday they were telling us that we should pack our stuff because deputies were about to move us. But we never was moved. When the deputies locked the Yanks and us in the dorm, we didn’t know what was happening, and we didn’t see the deputies for a long time.
When the power went out, it was dark—no lights. Water backed up from the commodes and sewer water from the flood came under the doors and filled up our unit to the second bunk. We didn’t know what was going on, and it was hard to even know what day it was. In our unit there were elderly women who had trouble getting onto the top of the third bunk to avoid the water, and there was at least one pregnant lady who also had trouble. We tried to help those women as best we could. My friend Iris Hardeman was really sick, and we were worried about her.
We were all trying to stick together, praying, singing. Trying to be strong through it all because we didn’t know what was going to happen. We had no food to eat,

You wouldn’t imagine that one person would let another human being go through that, when there was time to let us out. It never would occur to me that a person could let
that happen; even though we’re in jail we’re human beings.

except the little bit that people had bought from commissary, but we’d eaten all of that long before they finally moved us.
When it was time to move us, deputies came in at night with flashlights and everyone got up. It was completely dark, and they just told us to get all of the stuff that we could and bring it with us. With no light, we couldn’t find anything, so we just carried out our own bodies, and we held people who couldn’t hold themselves up.
We walked through the jail on the ground floor from Templeman IV to III; the water was up to my chest and I am 5’2”. It probably took half an hour to one hour to get all of us to Templeman III. When we were walking through that water, Sheriff Gusman was there. He was telling us to be careful, to hold on to the wall or the fence as we were walking. That was the only time I ever saw him.
In Templeman III we climbed the stairs to a higher level, and male deputies with flashlights were leading us up the stairs. There wasn’t any floodwater in that dorm, but it was dark and we couldn’t see anything. The men had already set fires in that dorm, which they did so the guards would get them out of there. But then they moved us in

there instead. There were all kinds of smoke in the air, like they just put a fire out. We were coughing, black stuff was coming out of our noses. It was terrifying. At that point, the deputies were telling us that they were trying to contact people to get us out of there, but they couldn’t get any help. We were there for a few hours, until the next morning when the sun came up and we could see around the room. There were blankets in the bathroom that the men had burnt before we got up there, and the room was all dirty and nasty. All the chemical bottles they use for cleaning were thrown around. When we looked out the window we saw how high the water was and we wondered how we would get out of there.
They came up to take us out of the building and took us to Central Lock-Up, which was filled with water. We left Templeman III probably at around 7 or 8am, and we only got out of Central Lock-Up late that night. In Central Lock-Up there were men as well as women. The women were still being pretty supportive of each other, but some men were trying to escape any way they could and there was shooting around us. There were big double doors where the boats were picking people up and we could see outside. We stood up on a truck to get into the boat.

They took us to the Overpass and told us to sit down. We were on one side of the bridge and the men were on the other side. There were dogs and other officers there. The officers used plastic cuffs to cuff each woman to the woman next to her. Then they told us to sit down back-to-back with other women.
There were ice chests full of bottled water on the bridge, and we were asking for the water. We were so thirsty and it was really only then that we started to get wild, really trying to get to the ice chests. They could have given us a piece of ice or something. Some women reached in and that was when they maced us and put the dogs on us. I didn’t get to touch any of the ice. Some civilians on the bridge were trying to give us water too, but the officers wouldn’t allow them to get close. Some of them threw bottles to us and we just tried to get a few sips.
They took off the plastic cuffs so I could get into a boat to go to the interstate. On the interstate they put the cuffs back on and told us to sit down again. They threw bottles of water to us, but still no food. I was tired and very weak. They had people passing out at that point. I lost sight of my friend Iris at that point and didn’t see her again until we got to Angola and they were deciding where to put us.

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She died a little while after we got to Angola, but I didn’t see her die because they placed me in a different part of the building.
I can’t remember how long it was before I found out where my family was—maybe two or three weeks. I was sitting down talking to another woman abut how I still didn’t know if my family was okay, and she was saying she didn’t know where her family was. Then a deputy came and brought me the message that my family was okay and that they were in Mississippi and that I should call them. I will never forget that. It was a relief—so wonderful.
I thank God today that I am alive. With all that we went through I thought they would really leave us for dead. I’m still trying to get myself together. Some people I meet ask me about what happened, because they talked to someone who was there during the storm, and they heard that I was at the jail too. I don’t conversate about it because I’m trying to forget it.
If I could talk to the Sheriff, it wouldn’t be nothing nice. The people from Angola said they came to the jail on Friday and Gusman refused to let them take us. He should have let them take us. You wouldn’t imagine that one person would let another human being go through that, when there was time to let us out. It never would occur to me that a person could let that happen; even though we’re in jail we’re human beings. And then Gusman lied about us having food and water when he knows we didn’t. He knows we didn’t. There’s just no way he can correct this. If I had anything to tell him, it wouldn’t be nothing nice.17 I

there when they returned to the jail after the storm. Prisoners lost irreplaceable items such as legal paperwork and personal belongings. They also lost medications and medical paperwork that would have helped them obtain treatment at the facilities to which they were later sent. Ronnie Lee Morgan, Jr., a federal prisoner in HOD, explains:
On Thursday, DOC guards came on the tier throwing guns in our face. They told us to leave everything there, because it would be there when we got back. I tried to get my legal paperwork, but a guard pulled his gun on me so I left it there. I lost all of my legal work. I also lost baby pictures of my daughters, and the storm took the pictures that their mom had. My daughters are now 9 and 11 years old, and that whole memory of them as babies is gone now.18
C. Prisoners Were Held for Hours in Central Lock-Up Before Being Evacuated by Boat
Central Lock-Up is a small building where prisoners are brought to be booked after they are arrested. It served as a staging area for the evacuation from OPP: hundreds of prisoners were moved there from other buildings, where they remained in chest-deep water for as long as twelve or thirteen hours. One reason prisoners waited there so long was because the Sheriff did not have enough boats to transport them. Early reporting indicated that the Sheriff had only five boats to transport the nearly 7000 prisoners who were in the facility when Katrina hit, not to mention all of the deputies, staff members, and civilians who were invited into the facility to ride out the storm.19 More recent information from the Sheriff’s office indicates that only three boats actually were on-hand.20 According to one high-ranking official in the Sheriff’s office, when one of the larger boats broke down, prison officials “broke into an adjacent parking garage at police headquarters so they could ‘scavenge’ car batteries for the boat’s electric trolling motor.”21
When they arrived in Central Lock-Up, prisoners were “bunched together like cattle.”22 The water was deep. Some prisoners report it reached their necks. Some were too short or too weak to stand above the water on their own. When Iris Hardeman passed through Central Lock-Up, other women took turns holding her up.23 Another woman from Templeman IV reports that she carried an elderly woman on her back from her building to Central Lock-Up:
We waded thru 4 1/2 sometimes 5 foot deep water. I carried a 65 year old lady on my back because she was 4 foot 9 inches and could not swim and had a heart condition and the officers told her that if she didn’t learn to swim quick they had a body bag with her name on it. . . . [W]e were moved to Central
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Lock Up to wade and stood in water for 9 1/2
hours. Where I stood with the 65 year old lady on
my back or in my arms we were not allowed to sit on
any desk or tables. After 5 1/2 hours my legs started
giving out so some of my friends saw me go under
water while trying to keep the old lady up and came
and held us up for 4 hours.24
One prisoner from Templeman I reports that when he arrived in Central Lock-Up: “The water looked as if it had sat in an outside pool for months. It smelled as if someone mixed it with 90% diesil gasoline. I sware, the whole while I was in that water, I feared for my life. Imagine someone 5’0 feet moving through say about 5’3 or 5’4 feet water?”25 Another writes, “[t]he water was literally burning my skin it was so thick with Disel feul.”26
By the time they arrived in Central Lock-Up, many of the prisoners had gone days without food, water, or medical attention. Female prisoners from Templeman IV were held alongside male prisoners in Central Lock-Up. One female prisoner reports that when she was in Central Lock-Up, a male inmate grabbed her leg underwater. “I screamed and the deputies started running toward me while the other female inmates said that theirs is a man under water. The deputies started shooting in the water by my legs and the male inmates which was 3 at that time got up and started running and then the deputies start shooting over my head.”27 Another female prisoner from Templeman describes a similar incident in which “[a] few men went under the funky water grabbing on the women inmates.”28
One prisoner from South White Street was incarcerated for failing to meet with his probation officer. He reports that before leaving South White Street, a guard provided the prisoners with plastic bags so that they could leave with their belongings. After walking two blocks through neck-deep water, he reached Central Lock-Up. Once there, he faced “armed guards w/ rifels and machine guns demanding us to remain still at that point, and to drop our belongings (which was everthing we own, including all address and phone numbers to all relatives everwhere.) We dropped our bag as instructed and proceeded to the boat. They hit some us with the muzzel of the guns and shove some in the back.”29 Another prisoner states that in Central Lock-Up, “prisoners were being shot with beanbags & rubber bullets & they were only trying to get to safety.”30 “[T]he deputies had shotguns shooting them over our heads at the wall and the ceiling causing sheet rock and debrie to fall on our heads and face and eye. I was scared for my life because things were out of control.”31

not giving them any food or water.”33 Deputy Deborah Williams recalls being with juveniles during the storm. After making her way from Louisiana to New York to be with her daughter, Deputy Williams recounted: “It was horrible. Two of our kids drowned, and there was nothing we could do to help them. One of them was pregnant. There were bodies floating by, and the soldiers kept telling us to hurry, that it wasn’t safe.”34
After the storm passed, Corey Stevenson was moved from his juvenile tier in Old Parish Prison to an open dorm that housed adults. He recalls that the man sleeping in the bunk above him was diabetic, and he died some time after the power went out in the building. “When it was time to move him, I was shaking him hard—harder than normal—and he wouldn’t get up. I put my arms around his back and pulled him off the bed. His feet hit the floor and I was dragging him. A US Marshall pointed a shotgun at me and said what the hell is in your pocket. It was my mail bag. The US Marshall told me to leave the man by the showers, so I did.”35 Two prisoners housed in the upper tier of Templeman III (D-3) report that an elderly prisoner passed away during the storm.36
Reports of deaths have not been limited to prisoners. During Sheriff Gusman’s reelection campaign, his opponent ran a television ad featuring a maintenance worker at the jail claiming that two female deputies died of smoke inhalation following the storm.37
One year after the storm, no deaths at OPP have been confirmed. It is certainly conceivable that given the chaos at the jail deputies and employees were mistaken about having seen dead bodies there. When asked about this possibility, however, one prisoner responded, “[h]ow could I forget it?”38 Bodies are still being found in parts of New Orleans,39 and FEMA has admitted, “it’s likely that many of the lost will not be found.”40 The Orleans Parish coroner’s office reported recently that 49 persons found dead in Katrina’s floodwaters remain unidentified.41 Some of the prisoners for whom fugitive arrest warrants were issued have not been recaptured, and the only evidence of their “escape” from OPP may well be that they did not show up at DOC facilities in the weeks after the storm. Several groups and individuals have generated lists to identify any prisoners who may have died at OPP during the storm or while in transit to state facilities, but those lists will never be complete, because there does not appear to be an entirely accurate list of all of the individuals who were detained in OPP at the time of the storm.

D. Reports of Deaths Inside OPP

Sheriff Gusman has consistently stated that there were no deaths at OPP during the storm and the subsequent evacuation.32 However, several deputies and many prisoners report witnessing deaths at the jail. Speaking to a reporter shortly after the evacuation, Deputy Luis Reyes stated: “There are dead inmates in there still. When the guards were doing their last sweeps there were one or two here and there. We were

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Prisoners await rescue on a freeway overpass

“I was on the overpass for several days alongside the prisoners. Civilians were told not to take photographs, but I took this picture on Wednesday afternoon. At one point, the prisoners were seated all the way up the bridge. The trash in the photos is actually the belongings of the prisoners that some of them were able to take with them from the jail. When they were moved from the bridge on Wednesday morning, they were told to leave all of their belongings behind.” -Mary Gehman, writer, New Orleans. PHOTOGRAPH: MARY GEHMAN

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V. T H E O V E R PA S S
Interstate 10 lies several blocks away from the main buildings of OPP. Parts of the Interstate were submerged by the time officials began evacuating prisoners from OPP. Therefore, prisoners were taken by boat to the Broad Street Overpass, which rises in an arc above Interstate 10. Boats dropped the prisoners off a short distance from the Interstate 10 on-ramp, and prisoners then waded through chest-deep water until they were able to climb the on-ramp and get to the dry portions of the Overpass.
Thousands of prisoners were eventually transferred to the Overpass, where they remained anywhere from several hours to several days. When buses arrived to transport prisoners out of New Orleans, they stopped on the Interstate below. DOC officers eventually built a scaffold that prisoners were ordered to use to climb down to the buses on the Interstate. Later, evacuees from the prison were driven by boat directly to the Interstate.
When prisoners reached the Overpass, most of them were filled with the hope that their ordeal was now over. One prisoner writes: “[W]hen I made it to the bridge I thought things would get much better but it got worser. I though I was going to die that I was’nt going to make it out there. I was stuck on that bridge for 3 days no water or nothing I past out I was miserable.”1 Unfortunately, many of the prisoners found that “on the bridge, we were exposed to even worse treatment then when in the prison.”2
On the Overpass, prisoners were placed in rows, and were ordered to remain seated back-to-back. One prisoner writes:
Apon arriving to the broad St. Bridge the guards
then were placing us in rows. Each row were back to
back and next row were the same. This was going on
all through the night. We had to sleep sitting up in a
cural like position. All through the night they conti-
nously transporting inmates to the bridge. Placing
them into the back to back position all night long.
This was the most uncomfortable sitting position I ever sat for at least 10 hours.3

Sitting on the hot asphalt, prisoners began suffering from dehydration and heat exhaustion. A deputy witnessed “several inmates passing out from heat exhaustion, dehydration. About twenty inmates passed out before water was even considered to be brought to the bridge.”4 A prisoner from South White Street saw “one gentleman laying under a van for shade, seemed near death. . . . His breathing was real slow, he wasn’t responding. I brung it to a number of deputies attention, even a couple of nurses who was walking by and they refused to give him attention. The guy was like foaming from the side of his mouth.”5
Prisoners were assaulted when they attempted to stand to go to the bathroom. One man says that he was “maced several times because I either wanted to stretch my sore & numb limbs or because I need to use the bathroom.”6 According to one deputy, on the Overpass there were “some instances where pepper spray was used where it could have been avoided. . . . When the inmates were getting pepper sprayed, the only things they were asking for was food or water. They wasn’t getting hostile or whatever. But when they got loud, they got pepper sprayed.”7
Prisoners complain that the use of force went beyond pepper spray. Dozens of prisoners recall officers using taser guns on prisoners who were stretching or who asked for help. “Many inmates suffer being maced, shot at with beanbag gun, tasered and I saw an old man being attacked by police K-9s simply because his limbs became numb & he needed to stretch,” writes one man.8 Another states that he watched an inmate he knew “get bitten by a dog because he had to use the bathroom and ‘stood up’ when were ‘told’ to stay sitting in the sun on that ‘hot’ concrete. . . . The guard couldn’t get the dog to release [his] leg for about 5 minutes.”9 One female prisoner states: “Some inmates got mace or sprayed. They brougt the dogs out on us. I have never seen anything like this in my 45 years of living.”10
Robie Waganfeald was arrested several days before the storm on a charge of public intoxication; he was in New Orleans for the night after returning from a seven-week summer vacation with a childhood friend.11 In a letter written to his father, Mr. Waganfeald states that he sat in the sun on the Overpass for ten hours with “no water and with National Guardsmen threatening to shoot people. Some got hit with rubber bullets, others with pepper spray. It was the most humiliating, unjustifiable thing I’ve ever seen.”12
Another prisoner writes:
By mid-day many inmates were falling down,
apparently from dehydration or sunstroke. Many
inmates were pushing and shoving one another to get
onboard one of the airboats. At this time I was
pushed by a crowd of inmates toward the boats and
S.I.D. ordered everyone back. I couldn’t turn back,
and S.I.D. began to spray the crowd with pepper
spray. I was sprayed heavily in the eyes and on my
back. Over the next several hours I was sprayed twice
more for no reason whatsoever.
More officers arrived to relieve S.I.D. personnel,
bringing dogs with them. I saw one man attacked by

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a dog while heading to the side of the bridge to relieve himself. I saw guards “march” an inmate past me with Taser Wires attatched to his back. At no point were we given food or water, and we spent the entire day sitting directly in the sun, at gunpoint.13
A female prisoner states that she “had to urinate behind a truck with a rifle pointed at me.”14 Another writes, “[w]e were made to sit there, back to back, unless we had to use the bathroom, then we could stand walk a few feet away and urinate right there on the overpass in front of everyone!”15 Another female prisoner recalls that SID and members of the SWAT team:

made us urinate and make bowl movements in our clothes where we sat. It was inhumane, humiliating and also degrading. I an other females we on our ministration and had no sanitary napkins to change our old ones. We wore what we had on for 3 days. Some of us had ministral blood all over us. The S.I.D. and Swat team called us “crackheads”, “whore”, “bitches” and all sorts of other names.16

Prisoners await rescue on the Broad Street Overpass

PHOTOGRAPH: AP/WIDE WORLD PHOTOS

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VI. JUVENILES AT OPP
To this day, it is still unclear how many children were detained in OPP at the time of the storm. According to the Sheriff’s own statistics, over 300 children were transferred to OPP shortly before the storm from the city-run YSC alone.1 The Juvenile Justice Project of Louisiana (JJPL) estimates that the number was closer to 150.2 Neither figure includes juveniles at OPP who were being held and tried as adults.
Following the storm, the JJPL interviewed dozens of the boys and girls who were trapped in OPP during and after Katrina. Their experiences, though no different in many ways from that of the adult prisoners at the jail, are particularly troubling in light of their age and vulnerability. For all of the prisoners in OPP during the storm, it is worth asking why they were not evacuated when the threat posed by Katrina became widely known, and DOC offered to assist. For the adult prisoners arrested on minor charges in the two days before the storm, it is also worth asking why those arrests were even made, and whether it would have been prudent for the city to release such prisoners in order to allow them to evacuate the city with the their families.
These questions grow more pointed when one considers the fate of the juveniles who were at OPP, many of whom were being held on minor charges, and were separated from their loved ones and left to fear that they had been abandoned to die in the jail. What makes the juveniles’ suffering all the more tragic is that in the five days before the storm, now-Chief Judge David Bell of the Orleans Parish Juvenile Court issued orders releasing those pre-trial juveniles who were held in Orleans Parish detention centers, and were not deemed threats to society.3 Those release orders appear not to have been executed.4
A. The Move to OPP
Some of the children who were at OPP throughout the storm were already being housed at the jail in CYC. Others were brought to the jail on Sunday, August 28, from the city-run YSC, and from the St. Bernard Detention Center. No official from either facility has explained why the juveniles were brought to OPP in the face of New Orleans’s mandatory

evacuation order that exempted only inmates of the Orleans Parish Criminal Sheriff’s Office.5
Before leaving YSC, one 17-year-old boy reports the children were told “to take one sheet with them. We weren’t allowed to take deodorant or mail or anything else.”6 A 15year-old boy, also from YSC, was brought to OPP in a van with eight other boys, “all cuffed and shackled.”7 A 15-yearold girl says she was taken in a van with fifteen girls, two of them pregnant, to OPP from the YSC girls’ ward.8
Once they arrived at OPP, many of the YSC youths were taken to Templeman V. The boys were taken to the second floor and crowded into cells designed to hold two people. Both an OPP staff member and a number of St. Bernard Parish prisoners report that juveniles were also held in Templeman III,9 although it is unclear whether these were juveniles who were being held and tried as adults. One of the juveniles from St. Bernard Parish reports that he was first locked in a first-floor “open dorm with about 200 adult inmates.”10 In addition to being the only juveniles in the room, he recalls that he and the other juvenile from St. Bernard Parish were the only two white people in the room; he reports that he was threatened with violence until he was moved to a holding cell with his companion.11
There were approximately 16-20 girls who were transferred from YSC, and they were initially brought to a room where there was only a curtain separating them from the adult male inmates.12 A 13-year-old girl states that at some point the girls were brought to a “20 person dorm” room on the second floor.13
B. Last Meals
“One boy found some dog snacks.”14
Like the adults held in OPP, the juveniles ate their last meals at different times. However, no juvenile interviewed reports eating after Monday, August 29. The children spent between three and five days without receiving food. Three of the boys said deputies at OPP had food during and after the storm. One 17-year-old reports that “[p]eople’s nerves were very bad. Guards were leaving . . . [then] coming back with their own food and eating [it] in front of [us] without giving us any.”15 Days after Katrina, a 16-year-old boy said that once he and other boys were evacuated, they still did not receive food, though they could “see guards eating. . . . They had food with them on the rooftops. When [adult] prisoners tried to take the food, the guards threatened to shoot them.”16
One 16-year-old boy reports that another youth found and ate “dog snacks” during his evacuation by boat from OPP because it had been so long since he last ate.17Another boy states: “When we got on the boat [to evacuate OPP], [guard] Mo took us (6-9 kids) to [the Broad Street Bridge]. There was food floating in the water and we tried to catch it and eat it. That’s how hungry we were.”18 One youth states: “We went five days without eating. . . . Kids were passing out in their cells. The guards never explained anything to us.”19

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ASHLEY & RUBY ANNE GEORGE
If it wasn’t for the prisoners, they would have drowned.

ASHLEY GEORGE
I was thirteen years old when the storm happened. I was in the Youth Study Center (“YSC”), but on Sunday, August 28 they moved me with other boys and girls from YSC to the prison. We were in the jailhouse across from the big boy jail. We were in a big dorm on the second floor with the adult women.
Across the hall from us there were adult men prisoners. Before the storm when we were still able to use the toilets, the men watched us. When the storm started, water broke through the gate and started rising. The day after the storm, water came into the place and I was in water up to my neck for a

couple of days. We got no food, no water. I felt like I was going to die.
The guards didn’t do anything to help us. We weren’t going to get out, but the adult prisoners escaped and got help for us. Military people told us that if we had stayed in there another day we would have drowned. Adults took a mattress and floated some girls out to the boat. I took another boat and went to the bridge, where I got chips and water. Sometimes we had to go to the bathroom on the bridge, and they put a box around us and made us go to the bathroom in front of the adults and

other boys. There were pregnant girls with us also, but they did not get any special attention.
We got on a bus that took us to Jetson. At Jetson they gave us food and water and we took showers. They also gave us teddy bears. I was there for about three or four days, before they brought me to some group home. I got to go with my grandmother about one month later20
RUBY ANN GEORGE
A shley is my granddaughter. After the storm I was going crazy. I kept calling and calling and

calling and calling. I thought they took them to Baton Rouge before the storm. They ain’t nothing but children. I kept calling all over, but I didn’t find out where she was for about a month. She was in Baton Rouge. They kept giving me different numbers to call and finally she called me on my son’s phone.
It’s horrible. Nobody should have gone through that—adults or children. They should have gotten them out of there. I was mad. They should have taken the children to Baton Rouge in the first place. If it wasn’t for the prisoners, they would have drowned.21 I

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C. Heat, Humidity and No Drinking Water:
“I felt like I was about to die.”22
With few exceptions, the boys report not receiving any drinking water after Monday, August 29. Many of them resorted to drinking the floodwater, which contained urine and feces from backed-up toilets.23 One 16-year-old boy told JJPL, “[t]he water . . . looked like it had a lot of oil in it. It had rainbows in it and lots of trash.”24 A 15-year-old boy saw a boy get “maced” by guards when he asked for drinking water while waiting to be evacuated from the Broad Street Overpass.25 According to one youth: “One kid passed out from dehydration. . . . I started to get really dizzy, like the roadrunner when he gets knocked down, with the birds flying all around his head. I felt like I was about to die.”26 A 16-year-old boy reports: “I had been locked up before, but not behind real bars. We couldn’t do anything. We had no sheets, no blankets, nothing. It got really hot, people started getting naked and cursing other people out because they were so hot.”27 A 15year-old girl similarly recalls that “[i]t was so hot at night we sometimes slept without clothes.”28 She reports the girls at OPP received two gallons of drinking water per day to share among 15-20 of them. “We got a little every day.”29
D. Flooding “I can’t seem to get that smell out of my skin.”30
1. Inside OPP
The children from CYC were held on the first floor of a building where the floodwaters rose to several feet. Boys climbed to the highest bunks in their locked cells to keep out of the rising waters.31 Many of the juveniles were held in dormitories that did not have enough beds for all of them. Fights broke out when the water started to rise, and space grew more limited. Some of the juveniles report being injured during these fights and complain that they received no medical attention.32 A few children who were held on the second floor started to panic when they looked outside and saw the water rising. One 16-year-old boy states:
A few hours after the storm hit, the water started rising. That night the water started coming out of the toilet and the drains. It smelled like straight swamp water. I was crying and thinking about my people because right before the power went out we saw what was happening on the news and saw the Ninth Ward flooding. Kids were really upset because most of them were from the Lower Ninth.33
Most of the children report that their toilets backed up, spilling human waste into the floodwaters and filling the facility with an unbearable stench. A 14-year-old boy describes it as smelling “dirty because of the toilets. You couldn’t use [them] and they smelled.”34 Another youth says that the smell in his cell was so bad that he covered the toilet with a mattress, but that didn’t help to relieve the stench.35 According to one 15-

year-old boy: “We had human feces floating around us in the water . . . we was forced to survive in for 3 days. I still have little sores on my skin. I can’t seem to get that smell out of my skin . . . . [M]aybe it’s all in my head but that smell will be with me, and be in my head for a very long time.”36
2. Outside OPP “Tall adults carried little ones.”37
Depending on their age and size, children had to wade, swim or be carried through the toxic floodwaters during their evacuation from OPP. Some of them were taken by boat to the Broad Street Overpass. Others went to the fishponds outside OPP, where they waited with adult prisoners to be taken to the Jetson Center for Youth (JCY). Several children were shackled and handcuffed while trying to walk through floodwaters that came up to the chins of some of the tallest youth. A 15year-old boy who is 6’2” said that the water was “up to my chin. . . . [The] tall adults carried little ones.”38 Some juveniles report that only the smaller children were given life jackets. Several children recall being tied together with plastic cuffs, and then being pulled out by a rope and put on boats.39 One 15year-old boy states: “It was scary because I can’t swim and they were pulling us by our shirts and I went under the water a few times. I even swallowed a lot of water.”40
As for the girls, a 13-year-old states that adult inmates “took a mattress and floated [us] out. [We] were taken by the mattress to a boat.”41 One 15-year-old girl says: “We walked through the water up to my mouth. I’m 5’7”. We carried [a] twelve year-old through the water. Guards watched ‘trustees’ [adult prisoners] help us into the boats.”42
E. No Medical Care
A 16-year-old boy reports that children who got into fights were placed in separate cells, but they received no treatment for their injuries.43 One youth was hit in the face with a phone, while another had his jaw broken. Other children were injured after being hit in the face or maced by guards.44 Two pregnant juveniles received no medical attention,45 although it is not known if they or their babies suffered any ill-effects as a result.
Many of the juveniles complain that they became covered in bumps and spots from the floodwaters. A 15-year-old boy says that his feet “turned all white, with mildew and sores on them. I was throwing up blood . . . . My feet are still messed up and still itching.”46 Some of the juveniles also became ill as a result of going under the floodwaters, and others complain that they suffered bad sunburns due to being exposed to the late August sun and heat for long periods.47
F. Youth Are Beaten by Guards “We can shoot to kill”48
As conditions at OPP deteriorated, deputies and other security personnel used violence and threats of violence against children in an attempt to maintain order. Some children were injured as a result.49 While in OPP, one youth was hit in the face multiple times by a guard. He says that guards threat-

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ened other children “with guns raised to their heads.”50 The violence and threats by guards increased when the
children arrived at the Broad Street Overpass. A 14-year-old boy states that once they arrived at the Overpass, children were threatened by armed, uniformed officers he believed were from the NOPD: “They had big guns. . . . They told us that the mayor said ‘We can shoot to kill.’ There was military there, too, but it was mostly NOPD. NOPD beat up an adult prisoner. They busted open his head. . . . You could see the meat.”51 One 15-year-old girl and one 16-year-old boy both say that on the bus from the Broad Street Overpass to JCY, “one girl got beaten by a guard for fighting with another girl.”52 The girl was removed and taken to a van. According to the boy, the guard used “closed fists.”53
Other youth witnessed adult inmates being beaten. One 17-year-old states:
One man was maced and beat up really badly. His
head was busted. . . . They let the dogs loose on that
man. . . . The dogs were biting him all over. They
told people they would kill them if they moved. . . .
The worst thing I saw was the guards beating that
man while everyone was just sitting there. . . . Those people need to go to jail or something.54
There are also reports of youth being maced by guards. One boy writes: “When [we] were shackled it was ten youth shackled together. [Another boy] slipped out his handcuffs so they maced him and since we were all shackled together, the other kids basically got maced too.”55 Another boy states: “Guards did not really care about us. [One] kid got maced requesting water. Some kids were too weak to act, or do anything for themselves.”56
G. Arriving at JCY
Most of the children report that conditions improved substantially once they arrived at JCY, a facility operated by the Office of Youth Development (“OYD”). Juveniles were fed, allowed to bathe, given clean clothes, and some received medical attention. A 15-year-old boy reports that at JCY “we got food and water. We were treated very nicely.”57 OYD staff report that upon hearing that the children were being transported to their facility, they immediately began preparing for their arrival by getting clothing and food ready, as well as setting up a place for all the children to sleep.
According to Dr. Heidi Sinclair, a pediatrician who examined children as they arrived at JCY, she encountered

Dr. Sinclair recalls that they “kept boys in the infirmary with health problems, then put half in JCY and half in other places; some of the kids broke down crying when they were forced to be moved.”59 OYD staff also worked tirelessly to help children locate and contact their family members. By way of contrast, “[t]he prison never notified the parents where they were going to take the kids,” according to Lynette Robinson, the mother of one 15-year-old boy who was in OPP during the storm.60 She continues: “I didn’t know if he was alive or dead. I was afraid he was floating somewhere. He shouldn’t have been afraid he was going to die.”61
The entire experience had a profound effect on these children. One 15-year-old states, “it was a horrible experience and I would never want to go through that again and I know this will have a long-term effect on me until I am dead and gone.”62 Another 15-year-old sums up the entire experience in this way: “We were treated like trash in New Orleans.”63
Before Katrina, Ahmad Nelson spent one-and-a-half years away from his daughter after being wrongfully accused of shooting a police officer. Charged with public drunkenness three days before the storm hit New Orleans, Mr. Nelson found himself back in OPP during the storm. Once guards abandoned him and other the others prisoners in Templeman III without food or water, Mr. Nelson found a way to bring himself to safety. Mr. Nelson’s experience inside OPP during and after Katrina began spreading on internet message boards shortly after the storm. He has not seen his daughter since the storm.
PHOTOGRAPH: THOMAS BACON, WWW.THOMASBACON.COM

[o]ne 10 year-old with broken arm, one girl pregnant, one girl with child in foster care. . . . [Children] told stories of chest-high water and floating bodies. . . . A few kids passed out from heat exhaustion. . . . Six employees from YSC . . . were completely traumatized, vowing to never go back to New Orleans.58

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Ahmad Nelson and his daughter Mimi

VII. SHERIFF GUSMAN’S DENIALS
“Crackheads, cowards and criminals.” 1
According to the National Institute of Corrections (NIC) Guide, it is important that leaders respond properly to criticism following an emergency. When faced with “controversial issues, media criticism, and inmate complaints,” the NIC Guide warns leaders not to “make snap judgments and simply exonerate staff out of hand. The leader must see to it that these matters are investigated promptly, thoroughly, and honestly.”2
Sheriff Gusman responded reflexively and defensively to criticisms by deputies, staff members, and prisoners. When faced with the accounts by his deputies who described a complete loss of order inside the jail, Sheriff Gusman dismissed their claims as “lies” and said “the people making them are disgruntled ex-employees and possibly deserters.”3 Sheriff Gusman’s response to reports by prisoners of their experiences during the storm epitomizes a callous disregard for prisoners’ welfare that has long been endemic to OPP. The Sheriff denied the truth of their claims, stating: “They’re in jail, man. They lie.”4 Sheriff Gusman later told one reporter: “I have 75 accounts from inmates given by lawyers with misleading questions. It’s kind of hilarious to read them. . . . None of it was true. But when you put it in the paper it becomes more credible and it frustrates the hell out of me. Don’t rely on crackheads, cowards and criminals to say what the story is.”5 The response given by the head of Louisiana’s Department of Corrections was hardly better. When asked about the OPP evacuation, Secretary Richard Stalder reportedly quipped, “[s]ome have assured me they will never be late on child support payments again.”6
Soon after the storm, Sheriff Gusman assured the public that all of the people in OPP had been evacuated safely, and that no prisoners had escaped.7 Even while he was making these claims, however, his office issued fugitive arrest warrants for fourteen prisoners believed to have escaped from OPP. Sheriff Gusman’s claim was ultimately proven false when several of the prisoners who managed to escape the floodwaters were recaptured. One man escapee was George Schaefer III, a St. Bernard Parish prisoner who was being held on murder charges.8 On November 2, Mississippi authorities arrested Mr. Schaefer after he allegedly committed another murder. One St. Bernard Parish prisoner who

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was in the gymnasium with Mr. Schaefer during the storm reports, “a convicted murderer had plotted, and went through with his escape.”9 That man also reports on several other escape attempts he witnessed: “[T]here was only approx. 3 I know of who actually were successful. 2 were thrown back through the roof, one was beaten & maced while being drug back into the gym, and one had made it as far as the courthouse steps, before being shot with riot bags, and returned to the gym.”10
Of course, not all of the prisoners who fled the jail were captured in connection with new arrests. For instance, an arrest warrant was issued for David Fernandez, a 20-yearold who was awaiting trial on drug charges. From an undisclosed location, Mr. Fernandez spoke with a reporter for the New Orleans Times-Picayune months after the storm. He explained: “It wasn’t like we wanted to escape. The charges I had wasn’t really about nothing. Why would I want to escape? I escaped for my life.”11 Another prisoner who managed to escape the jail was Ahmad Nelson, who was arrested three days before the storm. Despite the fact that the story of Mr. Nelson’s escape from the horrible conditions inside OPP began spreading on the internet as early as September 7, 2005,12 the Sheriff’s office continued to deny that anyone escaped, and only obtained a fugitive arrest warrant for Mr. Nelson in late October 2005. According to one nonprofit law enforcement watchdog group, the Sheriff’s refusal to acknowledge that prisoners escaped from OPP made it seems as though his office was “more concerned with their own public relations issues than public safety.”13
The evacuation was the centerpiece of Sheriff Gusman’s recent re-election campaign. The Sheriff continues to maintain that the evacuation was accomplished “without casualty or serious injury,”14 and that his deputies stood fast and maintained order during and after the storm.15 A spokesperson for the DOC similarly commented that she had not heard of any OPP deputies abandoning their posts.16 Sheriff Gusman also claims that no prisoners were left alone for more than one day,17 and that “the inmates were fed and supplied with water.”18 This last, astounding claim appears in an article entitled “What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina.”19 The Sheriff’s office spokesperson wrote the article, which quotes Sheriff Gusman, but no one else.
At one point, Sheriff Gusman reportedly said, “jailers served 21,000 meals a day and had enough in storage to feed the entire population during the crisis.”20 Deputy Chief William Short, who was on duty in HOD during the storm, made the wild claim that “in the House of Detention we had three walk-in coolers full of hot dogs, hamburgers and chicken. . . . We emptied a warehouse full of food and dispensed it throughout the jail. We had cases and cases of water.”21 After reviewing more than 120 testimonials by prisoners who were in HOD during the storm, and speaking with a half dozen deputies who also were in that building, we found no corroboration for Deputy Chief Short’s account. The most similar accounts came from two deputies in the building. Deputy Ducre reports that on the mezzanine level, Assistant Warden Bonita Pittman had about fifty cases of water and ice in a cooler for herself and her family when the rest of the deputies, their family members, and all of the pris-

oners were already evacuated.22 Another deputy similarly complains about the conduct of Assistant Warden Pittman during and after the storm:
She wasn’t worried about whether or not we ate. . . . She was trying to get a personal boat to get her family out of there. They just treated us like dirt. They had Kentwood jugs. . . . [Y]ou know those big jugs of water. Warden had those things stockpiled when no one else had any. She’d only give them to her family. You got to think about the little kids and babies other people had. If she cared, she would have helped the other people out. But she’s calling people in to be at work and then don’t want to help them. People had little kids and new born. . . . [I]t was just terrible.23

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“KKK” spraypainted on a dumpster outside Jena Correctional Facility

PHOTOGRAPH © 2005 HUMAN RIGHTS WATCH

Jena employee painting over “KKK” dumpster following HRW visit to the facility

PHOTOGRAPH © 2005 HUMAN RIGHTS WATCH

VIII. PROBLEMS AT RECEIVING FACILITIES
From Interstate 10, OPP evacuees were bused to prisons and jails throughout Louisiana. Most female prisoners were sent directly to Louisiana State Penitentiary at Angola, while thousands of men were transported to the Elayn Hunt Correctional Center in St. Gabriel, Louisiana. After spending several harrowing days at Hunt, the men were further dispersed to over three-dozen facilities across the state, and some were sent to the Federal Correctional Institute in Coleman, Florida. At many of these receiving facilities, their abuse and mistreatment continued.
State and local officials cannot be excused for the chaos that the OPP evacuees endured during Hurricane Katrina. However, their failure can be understood, in part, as the product of poor planning in the face of the greatest natural disaster in this country’s history. That many of these evacuees endured continuing abuse and neglect at their receiving facilities is a reflection of the larger crisis in the Louisiana criminal justice system. The racism and violence that these prisoners describe should have no place in any prison. However it is still very much a reality in many facilities throughout the state. In the case of these evacuees, state and local officials not only failed to abide by constitutional and human rights standards, but also failed the test of human compassion.
A. Elayn Hunt Correctional Center
The Elayn Hunt Correctional Center is located approximately seventy miles northwest of New Orleans, and was not damaged as a result of the storm. On arrival, the OPP evacuees were given food, water, and a blanket, and were placed on fields inside the prison’s grounds. The fields had very limited shelter, so thousands of men remained in the open, even after it began to rain. Although some of the men were transported out of Hunt shortly after their arrival, thousands spent days in Hunt’s muddy fields.
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1. Rampant Assaults of Prisoners Abandoned on the Football Field “The most unsafe conditions that I’ve been exposed to in prison.”1
For the OPP evacuees, conditions at Hunt were nothing short of terrifying. When the first OPP evacuees arrived, they were placed on several small yards. When it began to rain, many of the men were consolidated onto a single field surrounded by a fence. Armed guards watched over the prisoners from towers and from behind the fence. The guards established a gun line along the length of the fence which prisoners were not permitted to cross.
Prisoners were not separated by offense. Pre-trial prisoners arrested on public intoxication charges were held side-by-side with convicted felons. Municipal, state, and federal prisoners were also mixed together on a single field. Prisoners who were previously housed for good reason in protective custody were suddenly placed on the field with no protection at all. Given their sheer numbers, the evacuees found themselves sitting on a powder keg. One man describes his time at Hunt as “the most unsafe conditions that I’ve been exposed to in prison.”2
Violence broke out all over the large yard at Hunt. One man writes that on the yard, “people [were] getting stabbed for they food and the guards just let it happen. Guys were constantly fighting and stabbing each other up all day we could not really sleep because we had to watch ourselves all the time.”3
Instead of intervening to control the prisoners, Hunt guards remained outside the fence. One man reports that after he was stabbed on his left wrist by another prisoner, “I went for help [and] the guards pointed their guns at me & told me to leave or I would be shot at.”4 Many prisoners report that they joined groups in order to gain protection. One prisoner “saw one young man . . . get his face ‘cut up’ so bad that the flesh was hanging from his cheek and forehead.”5 He states that “[y]ou had to be within a group in that environment, because if you went to sleep, someone had to be awake to watch your back, it was just that brutal.”6

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RONNIE LEE MORGAN, JR.

I’m standing there in the pour-

ing rain, with blood flowing

D uring the storm, I was in the House of Detention building, in the 8th Floor CLU (Southside). I am a federal inmate in protective custody, and I was being held in a cell without any cellmates. We were locked down on the Saturday before the storm, and stayed locked down for days without food or water. I had a small jar of peanut butter that I had bought through commissary, but that didn’t last long. On Monday morning during the storm, the building was shaking. I was never really sleeping, I just passed out a bit because of the heat. At times, deputies came by to talk to us. Through the window I saw fires in Templeman III, and I also saw a guy being dragged off of the razor wire while guards were firing into a hole in a building. On Thursday, DOC guards came on the tier throwing guns in our face. They told us to leave everything there, because it would

down my face and neck, while the Hunt guards
watched me staggering in visibly enormous pain!

be there when we got back. I tried to get my legal paperwork, but a guard pulled his gun on me so I left it there. I lost all of my legal work. I also lost baby pictures of my daughters, and the storm took the pictures that their mom had. My daughters are now 9 and 11 years old, and that whole memory of them as babies is gone now.
I was taken under the Broad Street Overpass where I boarded a bus that took us to Hunt Correctional Center. Before we got off the bus, the Warden got on, and we were telling him that we were federal U.S. Marshal prisoners, and that some of us were under protective custody and needed a special tier. He told us not to tell anyone else,

and we told him to look at the bold white letters on our sweatshirts that read “FEDERAL.” The Warden said he didn’t care, and he sent us out onto a yard that was filled with what looked like several thousand state inmates.
The guy who had been in the cell next to me said he couldn’t go on the yard, because he could see his enemies out there. He was also an inmate in protective custody. He walked onto the yard and got stabbed all over his face. Blood was like a waterfall out of his face. He ran to the guards and they shot at him and then stripped off his clothes. He was a really lightskinned black guy, and his face was bleeding so bad he looked like

a peppermint. They ended up slamming him into the back of a truck like meat. I don’t know if he lived or what, but he was pretty bad off.
I wasn’t on Hunt yard more than 30 minutes, and I was beaten and stabbed one time in the head and one time in the back of the neck, by several gang members. I had to retreat to the guards, who stood on the other side of the fence and laughed, when I asked them for help! I’m standing there in the pouring rain, with blood flowing down my face and neck, while the Hunt guards watched me staggering in visibly enormous pain! On top of all that, I had to stay awake all night, walking around with clothes that were drenched in both water and blood, with no medical attention at all: zero! I still have scars from where I was stabbed.7 I

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Many prisoners recount what may be a single incident in which one prisoner was jumped by a group of prisoners and was badly injured. The prisoners’ descriptions follow:
I experienced a guy getting “stabbed” in the face and stumped by a “gang” of young men. The victom then ran to the gate crying out for help. As blood protruded down the mid-section of his face. At the point of his presence he was told to go back into the yard. After fearing for his life he refused to follow the guards instruction to return to the yard. As he cried out for help he was shot with a (plastic bullet) in the abdomen then the guards open the gate, maced him, cuffed him, and placed him face-down on the back flat bed of a pick-up truck. And rode off with him.8

offenders with violent offenders who were on murder charges, rape, and robbery. Then what made it even worse was while in Orleans Prison if they had a gang fight or a despute between inmates they would separate them. But when we got to Hunt, they put every one on one big yard together. Inmates who had previous run ins with enemys once again had the chance to get revenge or even kell they foe. Yes they had sexual assaults, even brutal and physical assults between inmates. The non violent offenders were either getting beat up on, robed of valuables, sexual assulted or jumped by violent charged inmates while the supperior stood back and did nothing it was to uncontrolable.13

Me personally was walking into the yard when they had a white inmate trying to walk out the yard with his face and head all bloody, looks to me he had been stabbed several times, while he’s trying to come out the yard a officer is yelling at him to get back in the yard, but the man is trying to talk to the officer, so then the officer fires a shot at the man with a shotgun from point blank range.9
I seen guys getting stabbed. I don’t know anyone personally, but I saw fights break out on numerous occasions. You could hear shots in the air, but no guards came down to do anything about it. I heard guards say stuff like “they are a bunch of animals, let them kill themselves. They are from New Orleans.” One white guy was bloody, ran for help past the gun line, and was shot in the leg. I am pretty sure he was white or Latino. I saw that he was shot with something that drew blood—I think it was live ammo. . . . After the white guy was shot he was taken out of there and that was the last I saw of him.10
These reports appear to be corroborated by the DOC’s technical assistance report, which acknowledges that on one occasion “a warning shot was fired and an attack dog used to get an inmate and extract him from the yard after he had been beaten, and another inmate was shot with rubber bullets when he ran towards the perimeter fence.”11
Many of the men also witnessed prisoner-on-prisoner rapes in the field at Hunt. One man writes: “Everywhere you looked there were fights, people getting stabbed, people getting raped also. Everybody was mixed together. Murderers, rapists, even a death row inmate were allowed to walk freely amung people who were only in jail for traffic tickets or disturbing the peace.”12 One man held on a probation violation writes that conditions at Hunt were chaotic
for the simple reason that they mixed non violent

A local newspaper contacted Hunt officials for comment on the reports of violence among OPP evacuees. Reporters were not allowed to speak with the officials, and were instead directed to Cathy Fontenot, a spokesperson for the Department of Corrections who was not at Hunt following the storm.14 Nevertheless, Ms. Fontenot denied all claims of violence by prisoners at Hunt. Instead, she commented that “[t]he word that comes to me when I think back to that day is docile.”15
2. Lack of Food “They were throwing sandwiches in the crowd like they were in New Orleans, at the Mardi Gras!”16
Although OPP evacuees were handed a sandwich when they first arrived at Hunt, food was delivered more haphazardly after the men were placed on the yard. Hunt guards threw bags of sandwiches over the fence into the crowd. Some of the men describe Hunt’s efforts as dehumanizing. “[W]e were fed like animal’s instead of humans. Hunt’s started throwing sandwiches over the fence to us.”17 Another writes, “[t]hey feed us on top of a fork lift throwing food to us like we were animals.”18
Hungry prisoners fought one another for food. One man writes: “When we was finally given food they took bags with one or two sandwiches and threw them over a barbed wire fence, and you had to fight for it like dogs. If you didn’t eat, you just went hungry.”19 One 53-year-old man held on a parole violation reports: “When we first got there sandwiches was issue the first day. After that, everyone had to fight to get a sandwich, they were very disorganize, handling the situation . . . most of us older guys did without food and water while there because guys was fighting, cutting each other, the deputies was just looking and laughing. They were throwing sandwiches in the crowd like they were in New Orleans, at the Mardi Gras!” 20
Speaking months after the storm, Ms. Fontenot admitted that the prisoners at Hunt were supposed to receive meals in the dining hall, but the kitchen was shut down because it could not handle preparing food for the huge number of evacuees.21 “We fed those inmates the best that we could,” she said. “We could not feed them hot meals like they’re used to.”22

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3. Lack of Medical Attention
Prisoners at Hunt were not provided with proper medical attention, in part because no medical records or medications from OPP were transferred with them.23 Many chronically ill prisoners who had already gone days without receiving their medications did not receive them when they arrived at the prison. One man writes that he saw “one old man who was real sick, and they told us to wrap him up in a blanket and set him down by the gate. Where he sat for hours before they finally literally dragged him away.”24 At least one prisoner suffered a stroke while sitting in the yard.25
Other prisoners were denied medical attention for injuries they suffered after being assaulted in the yard. “Thousands of people fighting for food. A lot of people was passing out on the yard fights and stabing was going all around me and the deputies didn’t come to the yard to stop them or to treat anyone for stabing.”26
Many of the prisoners developed rashes and skin infections as a result of wading through contaminated floodwaters and being exposed to the sun. OPP’s Medical Director, Dr. Inglese, later commented that the floodwater was so toxic that it stripped all of the skin off his chest. “I even treated deputies with trench foot, something people used to get during World War II. The skin was peeling off of their muscles. That’s how bad it was in that water.”27 One deputy recalls taking a bath in CCC using water from the nearby Kentwood plant, and receiving medication on the Overpass because he had been in the water for so many days.28 By contrast, OPP evacuees received no antibiotics on the Overpass, and none when they arrived at Hunt. Moreover, at Hunt they were not allowed to shower or change out of the clothes they had been wearing since before the storm hit New Orleans. One man writes that he “had all kind of swores on me from being wet so long. I had sun burn all over my body.”29
Paul Kunkel, a special education teacher at an elementary school in Ohio, was arrested days before the storm on public intoxication charges. While in OPP he developed an eye infection that grew worse at Hunt. In a letter to a friend, Mr. Kunkel writes:

B. Bossier Parish Maximum Security Jail
“I never thought I see anything like this in my life.”33
From the yard at Hunt, some of the men were transported to Bossier Parish Maximum Security Jail (“Bossier”). Although the facility was designed to hold maximum-security prisoners, all of the evacuees transferred there were minimum- to
34
medium-security prisoners. At the time of the storm, Bossier was still two months away from its projected opening, which meant that control systems had not been tested, supplies had not been stocked, and staff had not been hired.35 In preparation for the 500 OPP evacuees who would be headed to the facility, Bossier officials reportedly procured only 300 mattresses.36 Because only 40% of the staff who were needed to operate the jail had been hired, Bossier cobbled together a staff from around Louisiana.37 According to Ken Weaver, Bossier chief deputy of corrections: “We had some people who had never worked in a facility—probation and parole officers. . . . We put them through a quick course on how things operate.”38
Dozens of OPP evacuees complain that the officers at Bossier regularly beat and maced prisoners without cause. In many cases, the assaults appear to have been racially motivated. Whereas the pre-Katrina population of Orleans Parish was 66.6% African-American, and 89.3% of the prisoners at OPP were African-American, Bossier City is located in northwest Louisiana, by the Texas and Arkansas borders. Census data shows that only 22.7% of the population in Bossier City is African-American.39
One prisoner, who was seventeen years old at the time of the storm, says of Bossier: “We were being maced and having racial remarks told to use by several guards. I was only there for about 2 weeks and I was maced 6 times. They feed us small portions of food, barely enough to live on.”40

We lived in 90 degree-plus sun with no protection from the elements. One day it poured and the ground was all wet and muddy. We were given one blanket and we were freezing at night. My right eye was still infected and I can no longer see very well because my contacts had to be taken out. Inmates were stealing blankets and convicts were armed with homemade knives. It was like a concentration camp. I [was] very afraid.30

For some, the experience at Hunt was just as bad, if not worse, than the experience inside OPP. One man writes: “I hope in life this will not happen to me again it was like a nightmare. . . .This is going to stick with me all the days of my life . . . I was just on a probation hold waiting to go to court on a change of address.”31 According to another prisoner, “[w]hen it was all over I felt my life had been put on danger for a second time.”32

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TIMOTHY ORDON
I was not My neck, I can’t fully turn left or right given medical attention until 5 or 6 days later.

W hen we arrived here we first went to the Bossier Maximum Security Jail, we opened the place up, it was a new jail that was not due to open until Nov. I think. Anyway from the time we was put into cells things took off from there. . . . [W]hat I meant by things took off from there, is that once they got us into them cells they kept us in them cells, didn’t let us out to use the phones or shower. You know we had to walk in chest high water “contaminated water,” sit on a bridge with no water, etc. etc. . . . well anyway, we were kept in the cell for about 4 or 5 days before they let us out 1 cell at a time to shower and use the phone. We had to do all this in fifteen minutes. Now during them 4 to 5 days, longer for some, but during them

days we were sprayed with pepper spray and beat up.
I was beat badly my right leg (knee) is still given me problems. I have not receive a full range of motion. My neck, I can’t fully turn left or right I was not given medical attention until 5 or 6 days later. Once the beating was over, one Bossier officer got in my ear whispering “lil nigger boy, you know where the F—- you at, we don’t play that shit out here, you ain’t in New Orleans.” . . . [T]hen they started hitting on me some more, they dragged me to the hole by my feet, pull my cloths off and put me in a cold ass cell butt naked then about 30 minutes later they put another dude in the cell with me ass naked and beat up pretty bad also.41 I

One of the men at Bossier was arrested two weeks before the storm on a parole violation. He writes that at Bossier “we was treated bad, cause we was prisoner of Orleans Parish. We wasn’t hostile, but they treated us as we was, beating us, if we didn’t do anything to they liken. Treating us as if we wasn’t human beings. . . . I don’t put this on my worst enemy.”42

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I was in OPP at the time of the storm because of traffic violations. I think one was for a stop sign, and I also had unpaid tickets. I have never gotten into any serious trouble with the law. Back in the middle of July I went to court and the Judge told me I owed $700. He said if I didn’t have the whole $700 I would go to jail for 60 days. I said I could pay $100 now and $100 per month after that, but they sent me to jail.
They brought me to Orleans Parish Prison, where I was on the Receiving Tier for about three weeks. I think they are only supposed to hold you there for 72 hours. Three weeks without a change of clothes or nothing. On the Receiving Tier there are two man cells, but they had four people per cell. People were sleeping everywhere—on the floors and on the tables. I slept on a mat on the day room floor for the first couple of days until I found myself a bed.
Eventually they moved me to Templeman II (Unit F-2). A few days before the storm our phones cut off. Later the power cut off when we were watching TV and hearing about the evacuation. After the power cut out they brought a whole other tier onto our tier, which made it extra crowded. No food, no light. Once the power cut out you couldn’t get water or flush the toilet.
I was in the building for maybe two or three days until deputies came and got us. Where I was, people weren’t breaking much stuff, but we were talking about how we were going to die, and about how they’d left us. A couple of times when fights were close to happening, people would break it up. If you looked out the windows all you saw was water. Houses under water, cars under water. We saw inmates in other building hanging sheets out the window that were on fire. We saw others on top of

IVY R. GISCLAIR
My release date was September 9th, which was a few days

after I got to Bossier. When that passed, I told one of the

asked if guards that my release date had passed and

there was anything I could do to

get out of here.
other buildings, but I don’t know how they got there. One time I saw guards go onto a roof and throw an inmate into the water to a boat where other guards could get him.
We also saw a group of maybe six inmates on a roof and one of them jumped into the water and swam to a boat filled with guards. When he got there they pulled him into the boat and started kicking and punching him. Later, when they evacuated us to Central Lock-Up, we saw that same inmate standing on the outside of the glass when you walk out of Central Lock-Up. He was handcuffed, leaning against the glass, all beat up. His face was swollen, he was bleeding, and his shirt was off. We were asking him questions and that’s how we found out he was the guy we had seen jump into the water. We asked the guards why they beat the guy up, and they were telling us that he was trying to escape. You’re going to tell me that man was trying to escape when he swam straight to them? That man was trying to save his life.
The same day I got to the Broad Street Overpass, I got on a bus that took me to Hunt. At Hunt they just threw everyone in the yard to sleep in the grass—in the sun and the rain. When we got there they gave us one sandwich. I stayed there a couple of days; I don’t know exactly how long. At Hunt, that is when things really started getting bad, with stabbings and rapings and fights on the yard. I witnessed

a bunch of fights, I couldn’t even count. I seen people get stabbed. I almost got into fights numerous times because people cliqued up with each other when they got on the yard. If you went by yourself, people messed with you.
The guards couldn’t control it at Hunt. They were only around the outside of the perimeter, so they couldn’t see what was going on inside all of those inmates. A few times the guards shot straight into the crowd. I heard people talking about people who got hit, but I never seen anybody. I don’t know what they were shooting, but people were saying it was beanbags.
After that I was transferred to Plain Dealing, Louisiana—Bossier MAX. That place wasn’t even supposed to be open, so they didn’t really have a staff. They had regular police officers and stuff acting as guards. My release date was September 9th, which was a few days after I got to Bossier. When that passed, I told one of the guards that my release date had passed and asked if there was anything I could do to get out of here. He blew up on me and started cursing me out. I started cursing him back, and that was when he pepper sprayed me through the food slot in my cell. The pepper spray hit me, but I picked up my blanket and got all the way in the corner, where the pepper spray couldn’t hit me anymore. I had never been hit with pepper spray before. I couldn’t breathe; I couldn’t see.

The guy in the cell with me said he couldn’t breathe and wanted to get out of the cell; he was feeling it just from being in the same cell with the pepper spray, and it didn’t even hit him.
That guard later came back with a whole crowd of guards, including a big bald-headed white guy who seemed to tell all of the other guards what to do. From outside the cell they told the dude in the cell with me that when they opened the cell, he should come out. I could see that they were pointing a red light from a Taser at me, and when I saw that I knew they were going to come in and beat me up. I got on my knees with my hands on my head to show them I wasn’t going to cause any problems. They walked in the cell and the big guy shot me with the Taser. When he stopped shocking me, the other guards all jumped on me and put handcuffs and leg shackles on me. Then they started beating me. Those wires from the Taser were still stuck in me, one in my chest and one in my stomach, so when he told them to get off me he started shocking me again, saying shit like “you like that, you like that!” He did that three times, where he would shock me and then let them beat me up and then start shocking me again.
I blacked out and woke up alone in a cell with no clothes on at all. There was a rack for the bed, but there was no mattress. The only thing in the cell was the rack, a toilet and toilet paper. They were saying things to me like “You New Orleans niggers think you so bad.” They also said “you all are animals. I’m gonna put you in the woods with the animals.” They called New Orleans “Thug City.” I’m American Indian, but my skin’s brown, so I guess they thought I was black.
In the isolation room it was freezing cold. You didn’t have a mattress or

blanket and it was cold as hell, because you were sleeping on steel. Sometimes I slept on the floor, depending upon what was warmer at the time. They fed you three times a day like everyone else, but no one would talk to me in there. The Bossier inmates or whoever who would bring the food wouldn’t answer any questions. When I asked questions the guards would tell me to shut the fuck up and throw my food into the cell so it would fall onto the ground.
I was in that isolation cell for about a week when the guy who shot me with the Taser came and talked to me. He asked me if I had calmed down and if I would act right. I told him I didn’t do anything wrong—all I did was ask the guard a question and then he got mad at me and pepper sprayed me. The next day they brought me back to general population and gave me back some clothes.
I was released around September 24, when Hurricane Rita hit. When we first got to Bossier they took our orange OPP jumpsuits and gave us their own clothes. When I was released they took their clothes back and gave me the OPP clothes to go home in. They were releasing me and one other guy, and they drove us to the Lamar Dixon Expo Center in Gonzales, Louisiana. The Center said they couldn’t take any more people there, so the guy who was driving us called his boss who said they couldn’t bring us back to Bossier.
They left us at a Shell gas station in our OPP jumpsuits, fit to get shot by anyone who thought we had escaped from jail. They put my mom in danger because she had to drive all the way from home through Hurricane Rita to come get me there. I had money in my jail account back at OPP, but I never got any of that and have never heard anything about it.43 I

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Another man, arrested on public drunkenness charges and held on fines and fees, writes that he suffers from cerebral palsy: “[A]t Bossier they are treating us like slaves locking us down letting us out the cells when they feel like letting us out starving us feeding us like little children, the little food we do eat be cold. They beat an inmate for nothing brutally beat him for nothing. I never thought I see anything like this in my life. I be praying to God to let me make it home safe to my family.”44
C. Ouachita Parish Correctional Center
Other prisoners were transferred from Hunt to Ouachita Parish Correctional Center (“Ouachita”). Evacuees at Ouachita express shock at the level of racism displayed by the correctional officers. One prisoner calls Ouachita:
racist to the ‘T.’ I mean from the slurs, to the hospitality, to the food service, I mean I don’t feel that these people care of our well-being at all. . . . We get tazed, maced and bean bagged on a regular basis, and I know that these deputies hate us because they tell us everyday. They even slide us our food on the floor, the same way you would feed a dog!”45
Another man explains that he was “in total shock” at the treatment he received at Ouachita.46 “The racism segregation, lack of personal hyigene and outright hatred that I and my fellow inmates recieve on a daily basis is only something a prisoner of war experiences. The threat of violence and mistreatment is always over our heads.”47

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VINCENT NORMAN

O n August 24, 2005, I was stopped by the police and arrested on a warrant for failure to appear in court and a $100 fine. I was supposed to be released at an August 31 hearing, after serving a total of seven days and paying my fine. On the Friday afternoon before the Hurricane, Orleans Parish Prison stopped releasing people from the jail. I got my last full meal on Saturday morning, and phones were cut off that evening. On Saturday night, deputies put all of us in two-man cells. I was in Templeman III (Unit B-2), and there were a total of eight men in my cell. When I asked a guard when they would come back, the guard maced my cell. They had no regard for anyone, they were just concerned with themselves. If you asked a question, just a basic question, like: “when do I get my meds, when do we get to eat,” they would mace the cells.
By Monday there was at least eight feet of water on the bottom tier, but I was in a cell on the upper tier. Some of the inmates were able to open their cells, but my cell door did not open. I witnessed several inmates with various medical conditions suffer from dehydration— we were forced to live off toilet water, and lie in our own waste and bodily fluids. We were drinking out of toilets because that is all we had. The worst part was not knowing if someone would come find

I’ve never experienced blatant racism—never seen it like
I that. After going through what I’ve been through wonder if I’ll ever been the same.

us, not knowing if you would see your family, not knowing if you’d see your friends—it was just not knowing. When the rescuers arrived I was still locked in my cell and they had to pry the bars open. I walked out in chest deep sewer water, and was led to a boat that took me to the Overpass.
From the Overpass I was taken to Hunt’s Correctional, where I spent 48 hours on the rec yard in hell. It was like a P.O.W. camp. They had triple murderers mixed in with guys that had never been in prison before—traffic violations, public drunkenness. I witnessed several stabbings and beatings that were neglected by prison personnel; on one occasion after being attacked by inmates, an inmate ran for help and was shot by guards. We were forced to bathe in a water hose and there were no bathrooms to use. I am ashamed to write this, but I hadn’t had proper hygiene since Saturday morning, so you can’t imagine the ungodly stench. I would not wish this on my worst

enemy. When it was all over I felt my life had been put in danger for a second time.
After leaving Hunt’s we were brought to Ouachita Correctional Center, where the horrendous treatment continued. Ouachita was a reminder of the old South—I was exposed to overt racism, called racial slurs, and subjected to physical and mental anguish. I saw segregation and outright inhumane events. We started out getting some hygiene products, but it went downhill and then there was no hygiene at all; they treated us like second-class citizens. The guards cast judgments on us, treating us like we were all the same. They wouldn’t talk to the inmates, and if we asked questions we would be maced or beanbagged. One of the Lieutenants once said: “I could treat you like men or I could treat you like what you are.” When I asked, “and what’s that?” he just rolled his eyes at us. Ouachita needs investigation. I’ve never experienced blatant racism—never

seen it like that. After going through what I’ve been through I wonder if I’ll ever been the same. They used to set the food trays on the floor, and we would have to pick it up from there. I asked why they did that, and they said we were like monkeys, and that’s what you do with animals at the zoo.
In early November, my sister started helping me get a court date. I found out on December 2 that I had been released, and I was transferred to Hunt for processing and released on December 5 in New Orleans. They had lost my clothing, so until I reached New Orleans I just had scrubs and sandals—it was very cold. I was in jail for almost four months on a $100 fine that I didn’t even know I had to pay.
People need to know what is happening behind closed doors. It’s a whole other world. You got people in for being drunk in public to murderers, but once they close the doors they treat everyone like shit, all the same: guilty until proven innocent. It’s not just what happened at OPP; there is inadequate representation also. The public defender meets you at 8am, and goes to trial at 10am. They don’t know you as a person. They are tryin’ to move you through ‘cause they got 300 to 400 other cases that week. There is no representation—if you are indigent, you are screwed. 48 I

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One man explains:
I have been beat, tazed, maced, sprayed with pepper, bean bagged, spit on, almost bitten by a dog several times, cursed out, called niggers, monkeys, animals and other racist slurs. I have been deprived of all my priveledges and some of my rights, put in rubber rooms, stripped naked and sprayed down with pepper. They gave us one of everything in clothes and nothing else, they didn’t let us communicate with nobody or each other they cut our hair with unsanitized clippers . . . . They slide our food to us on the floor through a slot . . . . They think all of us in here are killers and they tell us, since we kill people and think we can get away with it then they can treat us any way they want and get away with it. That nobody gives a damn about us and we all are gonna die here and their gonna bury us out back where their parents use to bury our parents. Now you know their talking about slavery and if that’s not discrimination I don’t know what that is.49
Another prisoner recalls one occasion when three deputies “beat the piss out of him, using their hands and stomping on him. They then took him out of the dorm. He came back maybe two days later.”50 That same day, this prisoner reports: “[T]hey did that for maybe 4 or 5 other people. . . . This was not standard prison violence. They said they didn’t know what we were all in there for, so they said they would treat us all like we were murderers until they knew. So they treated us like high risk inmates.”51
D. Jena Correctional Facility
The experience of the Orleans and St. Bernard Parish prisoners in the days and weeks after Hurricane Katrina was hardly unique. In fact, prisoners from neighboring Jefferson Parish also spent days in their facility without food, water, or electricity. Just as DOC was finally called in to evacuate the prisoners trapped in OPP, DOC officers evacuated the Jefferson Parish prisoners beginning on the Tuesday after the storm. They were taken to the Jena Correctional Facility (Jena), where prisoners who had been stranded in Calcasieu Parish Prison in the aftermath of Hurricane Rita joined them. For many of these prisoners, their evacuation to Jena was viewed as the rescue they had been awaiting. In reality, the evacuation to Jena only marked the beginning of a new nightmare.
Jena was formerly a privately-run juvenile correctional facility that was shut down in 2000 following a U.S. Department of Justice investigation that revealed widespread abuses there. Youth at the facility were “being deprived of food, clothing and medical care and were routinely beaten by guards.”52 The state reopened Jena within a day or two after Katrina to house evacuated prisoners, and staffed the facility with correctional officers from other state prisons, most of

whom came from Louisiana’s David Wade Correctional Center. The state requested additional assistance in staffing the facility, and officers from New York City’s Rikers Island Correctional Facility—the country’s second-largest jail— came to help.53
The prisoners, who had already suffered the trauma of the storm itself, and the delay in their evacuation, were wracked with worries and uncertainties about what had become of their homes, their families, and their friends. They were loaded onto buses to Jena for a ride that took several hours, their wrists cuffed tightly together with plastic tiewraps. Keith Dillon, a prisoner from Jefferson Parish Correctional Center, describes the ties being so tight that prisoners’ wrists started to bleed.54 Scarring was visible on the wrists of over 100 prisoners nearly one month after the transfer, according to one attorney who interviewed the prisoners.55 Some prisoners were injured when one of the buses en route to Jena got into a serious accident when the bus driver fell asleep; the cuffed prisoners could not brace themselves when the bus hit an electrical pole.56
According to prisoners interviewed by private defense attorneys and by attorneys with HRW and LDF, corrections personnel subjected them to egregious physical and verbal abuse almost immediately after they arrived at Jena. Within the first three days, officers pulled nearly all of the prisoners from their beds in the middle of the night and forced them to remain face down on the floor; some men were held in this position for up to eight hours. If the men moved or raised their heads, the officers would hit and kick them. One man who turned his head after falling asleep was kicked in the face by a guard to wake him up, and then told to put his face back down.57
During their stay at Jena, prisoners were slapped, punched, beaten, stripped naked, hit with belts, and kicked by corrections officers. When prisoners broke prison rules such as moving when told to be still, or not moving quickly enough, officers often responded by hitting and kicking the men and threatening to whip them. For example, two prisoners who had been in a fight were handcuffed. One of them was taken to an isolation cell. When he arrived at the isolation cell, the officers dropped him to the ground and punched him. As he was lying on the floor, his mouth and nose bleeding, the prisoner was ordered to clean up his own blood. The other prisoner in the fight was handcuffed, punched in the chest and ribs, and slapped in the face.58Another man was badly beaten by an officer who kicked him in the head and slammed his face against a wall because he did not get out of bed quickly enough one morning. “This is a living nightmare for me,” he later commented. “I know this isn’t legal.”59
As another measure of control, on multiple occasions detainees were ordered to kneel and press their noses to the wall, and they were kicked in the head if they moved. They were often kept kneeling for hours at a time.
The detainees, most of whom were African-American, were subjected to degrading treatment and racist slurs by the correctional officers, most of whom were white. One guard told a detainee, “I can’t stand none of you motherfuckers from New Orleans.”60 Another guard grabbed a detainee by the hair (before his head was shaved) and called him a “mophead motherfucker.”61 Other terms reportedly used by the

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officers included, “niggers,” “boy,” “monkeys,” “bitches” and “pussy-ass motherfuckers.”62
At one point in their stay, several prisoners were told to line-up, place their hands behind their heads and press their groins against the buttocks of the prisoners in front of them. An officer taunted them, saying: “Hard dicks to soft ass! I know y’all are getting hard, because I am.”63
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KEITH M. DILLON

I was slammed down to the floor,

handcuffed behind my back and

a third officer came over and

T he abuse started immediately making inmates go to their knees for hours while handcuffed. On or about the third day, a DOC Warden and DOC deputies along with LaSalle Parish Sheriff’s deputies came in with dogs, riot gear, etc., beating inmates down, forcing us to the floor face down. I was hit in my back because my hands were at my side, not in front of me. I saw a LaSalle deputy slam a guy from Annex D in Jefferson Parish face down into the floor, knock two of his teeth out, then make him lick up his own blood. I could hear them beating people, people yelling, and if you looked up you got beat. After about 6 hours face down freezing, they started shaving our heads. We were told if one person messes up then the whole dorm pays.
They started beating inmates and verbally abusing us. Making us strip down and stand in line “dick to ass” (as one deputy said) with our elbows straight forward, our hands clasped behind our heads. They would make us go to chow that way and come back, standing for up to three hours at a time. They would feed 80 men in 10-15 minutes, from the time we lined up to the time we got back to the dorm. We heard from the trustee that FEMA sent all kinds of food and drinks, etc. for us, but that the deputies were taking it all for themselves.
Lake Charles inmates came they didn’t touch them, while everyday some one got beat, put on their knees for hours, slapped around, just abused period. On some days, one New York DOC official would

kicked me more than 20 times in my back.

have his people dress in full riot gear and march around and down the halls just to freak us out. One person said, “we’re going to show you boys how we do it in NY.” It was like we were practice dummies for these sickos in this sick ordeal. They were all just evil. It was like you could see it in them. I could feel it.
On 9-27-05 I was in the chow line at Jena. The person in front of me got out of line so I moved up; then he came back and got in front of me. I tried to let it go but this is jail and respect is important, plus this situation had got us all kind of nuts. So I told him, “You’re not getting back in front of me. Move. You left the line.” He said he’s not a punk so I gave him the chance to move. He didn’t so I grabbed him and moved him into the door. One of the officers saw what happened and yelled something in the hall. I let the guy go, but the officer grabbed me and then another officer came over and punched me in the side of my head. The other person and I were dragged to the back of the hallway. I was slammed down to the floor, handcuffed behind my back and a third officer came over and kicked me more than 20 times in my back. One of the officers said, “they can see” meaning that the rest of the dorm could see, and then said, “bring him back here.” So I was picked up and slammed down again. The officer who kicked me asked what happened over and over, and each time I would look at

him and tell him and he would kick me again in the back, and my face would hit the wall. I could hear them beating the other person also. All of a sudden everything stopped. I was picked up by two of the officers and turned to face them, and one of the officers punched me in my right shoulder. When he saw that it hurt, he punched me again in the same spot, all 400 pounds of him. Then I was dragged off past the dorms to lock down.
When I got to lockdown, there were DOC deputies everywhere. The other guy was further in than I was and they were working him over. I was told by a Lieutenant to turn and face the wall on my knees. I was forced down and then hit in my head. The Major arrived and by this time I’m hurting bad. But I know that if I fall down they’ll stomp me to death so I hang on. The Major starts asking me, “What are you doing? Ain’t you too old for this shit? How old are you? What did I tell y’all? That if any of you fucked up you would get the shit beat out of you?” I would answer him and each time I did he would hit me on both sides of my head, one side, then the other. On about the fifth blow to my left side, my hearing stopped but I didn’t go down. I would look him straight in his blue eyes and answer. He hit me about 12 times. I could see his hands were red. One of the Lieutenants said, “You should have given him more,” and hit me three more times to the side of my head.

I was stripped naked and put in a cell, last one on the left. The other person was across from me and a guy whose head they fractured was next to me, I think.
I passed out I guess because the door opened and the Lieutenant and a nurse were there. They asked me what happened and asked to see my hands for open cuts from fighting. I showed them and said there was no fight, no punches thrown between me and the other person. She said then how did this happen? I said looking at the Lieutenant, “I can’t really say.” He smiled. She said that it had to happen somehow. I said again that I couldn’t really say. The next day the nurse came around and I told her I couldn’t hear out of my left ear and what kind of medical professional was she to condone this abuse? She said she didn’t condone it and I said, “but you’re letting it happen.”
A while later Rachel Jones and other defense attorneys showed up to talk to us about our criminal cases. I told her just like the other inmates did what was going on—all 80 of us in a 40-man dorm did. I showed her and Christine Lehmann my face and the sides of my head and ears, but after they left the abuse continued. On 10-4-05, NAACP LDF and Human Rights Watch showed up. I talked to them, showed them my head and there were still bruises on my head and my ears. Two days later I was called to leave that hellhole. On the way out, the Major said, “Hey Dillon, I want you to have a good fucking life, whether you can hear me or not.”64 I

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Soon after their arrival, all the men at Jena were forced to have their heads shaved, which is not a standard corrections procedure in Louisiana. Prisoners had no contact with the outside world for the first few weeks they were at the facility. They were unable to use the telephone and only after two weeks were they given writing materials to send letters to their families. In short, they had no way to let their families know where they were or even that they had survived the storm. None of the men were allowed to see their attorneys during their stays in Jena.
In another incident, a prisoner who was with a group of other men asked the warden when they were going to be able to contact their families. The warden responded, “Motherfucker, do I look like I care?” 65 The warden ordered an officer to “lock this stupid motherfucker up,” and he was placed in isolation.66
Prisoners at Jena were also denied adequate medical care. They were unable to get medications, including antidepressant and antipsychotic medications, which they had been prescribed. It took more than two weeks for a doctor to begin visits to the facility and for two nurses to begin reporting from 9 to 5 each day to administer medication.
Detainees repeatedly requested grievance forms to make complaints about their treatment but never received any forms. In one instance, a guard handed a detainee a sheet of toilet paper in response to his request for a form.67
It was not long before reports of abuse at the Jena facility began to leak outside of its walls. Four attorneys from a group of 30 volunteer defense lawyers in Louisiana, coordinated by attorney Phyllis Mann, visited the Jena facility and interviewed each and every detainee. Prisoners gave numerous accounts of the abuse they suffered, which were then submitted in the form of affidavits to the state and other interested attorneys.68
In response to these allegations, both HRW and LDF made a follow-up visit to the facility to interview prisoners and officials, and they heard the same accounts of horrific abuse. Almost every prisoner whom HRW and LDF interviewed reported that he had been hit or kicked by the prison staff. The men were frightened and some were even crying during the interviews. One said, “I don’t know what they’ll do to me once y’all leave here.”69 The New York Times and the Los Angeles Times each ran stories detailing the accounts of abuse emerging from the Jena facility.70
Prison officials responded by denying the allegations. During their visit to Jena, lawyers from HRW and LDF interviewed Major Brad Rogers, the state corrections official in charge of day-to-day operations at Jena. Major Rogers said that officers had not used excessive force at the facility and that the staff were all “trained professionals.”71
On October 1, LDF contacted Louisiana state legislators and the Superintendent of State Police, Colonel Henry Whitehorn, about the abuse allegations at Jena. One day later, on October 2, HRW called on Richard Stalder, the Secretary of Louisiana’s DOC, to conduct an investigation into the allegations.72 Shortly thereafter, Secretary Stalder ordered that the facility be shut down and prisoners be dispersed to other facilities throughout the state. Despite the rapid closing of the facility and national media coverage of the alleged abuse, the state has not disclosed whether or not it has opened an inquiry.

E. Not All Bad
Although the evacuation of thousands of prisoners from southeastern Louisiana placed a strain on many officials at the state’s receiving facilities, not all of them responded to the challenge with abuse and indifference. For instance, hundreds of women from OPP were transported to Angola, an all-male, maximum-security facility that typically holds over 5,000 prisoners. When the first OPP evacuees arrived at Angola, one staff member recalls that they looked as if they had arrived “directly from hell.”73 Despite the fearful reputation that Angola has earned over the years, many women evacuees praised the treatment they received.74 In fact, many of the women noted that they were treated better at Angola than they had been treated at OPP prior to the storm.
One woman writes: “At Angola they took very good care of us. They took all our information, clothed & fed us, gave us many personal supplys. (OPP gives NO personal supplys.)”75 Another woman writes that when she arrived at Angola, she “received food, water, clothing, medication Hepatitis shot to make sure we did [not] get exposed to anything. Also the gave us personal needs and last but not least I was giving a bed with sheets & blankets. The people at Angola treated us 100% good if it wasn’t for them rescuing us we would have been dead today.”76 At Angola, writes another female prisoner: “[T]hey trust us like real women, and really care about how we feel. So we’ve been bless ever since. Everything we needed, since we came to L.S.P.”77
Some of the men also report good treatment at Angola. One disabled prisoner, who spent days in a van on the Overpass, writes that Angola
treated myself and the other handicap inmate real
good. They gave us beds hot meals 3 times a day.
Shower every night clean clothes, hair cuts every
week if you wanted one, I can’t say anything about
Burl Cain and his guards. They was real nice to us.
They even went as far as putting us in there new
church they built we have a nice big T.V. so we could
watch the new’s.78

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Tents designed to house 800 prisoners currently under construction

IX.BUSINESS AS USUAL: THE RETURN OF PRISONERS TO OPP
When Hurricane Katrina swept through New Orleans, many parts of the city and the surrounding region were virtually wiped out. In the year since the storm, the city of New Orleans, the state of Louisiana, and the country have engaged in a sometimes heated debate about how and, indeed, whether to rebuild New Orleans.
In a perverse turn of events, some viewed the creation of a temporary jail facility at a Greyhound Bus Station near downtown as the first step to rebuilding New Orleans. Angola’s Warden Burl Cain declared the makeshift jail “a real start to rebuilding this city.”1 But the problems endemic to the local criminal justice system certainly were not solved by the storm, nor did the rebuilding of a jail cure them. After the waters receded, Sheriff Gusman quickly began the process of refilling OPP. When much of the city was still assessing whether it was safe to return to flood-ravaged areas, the Sheriff was moving people back into the jail.
A. The Sheriff Prematurely Reopens OPP
On October 17, 2005, Sheriff Gusman reopened HOD, one of the oldest of the twelve OPP buildings. Since October, several others buildings have been reopened to warehouse New Orleans’s constant flow of arrestees. The Sheriff reopened these buildings without putting into place the most basic safeguards for the health and well-being of the men and women housed there.
Rather than working with the Mayor and City Council of New Orleans to ensure the prison buildings were safe before they were reopened, the Sheriff hastily moved toward repopulating his jail. The Sheriff recently boasted that in his rush to reopen HOD—a building owned by city, not the Sheriff’s office—he “just ignored the city. . . . I just couldn’t wait for them.”2 In doing so, the Sheriff appears to have circumvented essential procedures that were used throughout the city to repair and clean flood-damaged buildings.
In the one year that has passed since Hurricane Katrina, the City Council has not held a single hearing to discuss problems associated with the evacuation of OPP, the apparent absence of an emergency plan at the reopened jail, and
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recurrent complaints about current conditions at the jail— including reports of a recent, apparently preventable prisoner death. The ACLU of Louisiana has twice called upon the City Council to hold hearings on the Sheriff’s decision to reopen the prison buildings.3 In both requests the ACLU

reminded the City Council of its “obligation to do what it can to protect the lives and safety of the prisoners and staff at OPP, and to ensure that institutional failures during Hurricane Katrina are not repeated.”4

DOING “KATRINA TIME”: INDIGENT DEFENDANTS LANGUISH IN JAILS AND PRISONS THROUGHOUT THE STATE

Long before Hurricane Katrina hit the Gulf Coast, the indigent defense system in Louisiana was essentially broken. In 1993, the Louisiana Supreme Court concluded that there was “a general pattern . . . of chronic underfunding of indigent defense programs in most areas of the state.”5 According to one study issued 11 years after the Louisiana Supreme Court decision, the state’s indigent defense system continued to deliver “ineffective, inefficient, poor quality, unethical, conflict-ridden representation to the poor.”6 Recognizing the problems of a systematically underfunded indigent defense system, the Louisiana Supreme Court acted again in April 2005, ordering that any given prosecution may be halted if appointed counsel is not provided with adequate funds.7

Following Hurricane Katrina, the entire criminal defense system in New Orleans ground to a halt.8 Although public defenders are needed to represent 85% of the individuals arrested in New Orleans, the public defender office was for years funded almost entirely by fees attached to traffic fines.9 With no revenue in the months after the storm, the office quickly lost 75% of its attorneys, leaving thousands of New Orleans prisoners stranded in facilities across the state without any access to counsel whatsoever.10 A study by the U.S. Department of Justice (“DOJ”) concluded that due to the collapse of the indigent defense system in New Orleans:

[p]eople wait in jail with no charges, and trials cannot take place; even defendants who wish to plead guilty must have counsel for a judge to accept the plea. Without indigent defense lawyers, New Orleans today lacks a true adversarial process, the process to ensure that even the poorest arrested person will get a fair deal, that the government cannot simply lock suspects [up] and forget about them.11

Many of the OPP evacuees spent months in prison on minor charges without seeing a lawyer or appearing in court to answer the charges against them—for many of these individuals, by the time their case was brought to the court’s attention, they had already served more time in prison than they ever would have received had they been found guilty. Prisoners also remained incarcerated for months after their release dates had passed, notwithstanding the fact that on September 8, 2005, Sheriff Gusman produced a list of OPP prisoners that contained release dates for them. Through painstaking work, a small group of local defense attorneys worked throughout the year to identify these individuals and file motions and petitions on their behalf seeking their release.12

From September 2005 until June 2006 there were no criminal trials in New Orleans.13 Once the court building reopened, a new series of problems emerged. Judges often struggle to get witnesses or jurors to appear for trials, and the number of courtrooms available is inadequate to conduct all necessary hearings.14 Although OPP was reopened shortly after the storm, the Sheriff quickly filled the jail with new arrestees as well as state and federal prisoners. Because there was no bed space at OPP, evacuees who waited nine or ten months to appear in court were stuck in facilities all around the state, unable to return to Orleans Parish to attend scheduled court hearings. While new arrestees often appear in Magistrate Court without an attorney,15 it has become commonplace in the Orleans Parish Criminal District Court for incarcerated defendants in DOC custody to be the only people missing from the courtroom. According to Calvin Johnson, Chief Judge of the Criminal District Court, New Orleans has “a limited number of jail spaces, and we can’t fill them with people charged with minor offenses such as disturbing the peace, trespassing or spitting on the sidewalk. . . . I’m not exaggerating: There were people in jail for spitting on the sidewalk.”16

In an effort to open more bed space at OPP so evacuated parish prisoners do not miss court dates, Chief Judge Johnson issued an order on May 17, 2006, requiring that all persons charged with municipal or traffic offenses be released and issued a citation to appear in court on a later date.17 The New Orleans Times-Picayune’s editorial board calls Johnson’s approach “the proper course.”18

In March 2006, New Orleans’s population only stood at 155,000.19 By late May, as many as 150 were entering OPP each day.20 With fewer court dates and almost no public defenders available, the court system is woefully backlogged—approximately 6000 cases have stacked up without any movement, according to the Orleans Parish District Attorney.21The rush to reopen damaged OPP buildings, the high number of continuing arrests, and the lack of trials, have combined to create a prison complex that is an overcrowded, unsanitary, and inhumane human warehouse. “For the vast majority of arrested individuals,” according to the DOJ study, “justice is simply unavailable.”22

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1. No Evacuation Plan Can Be Located
Three days before the Sheriff reopened HOD, the ACLU posed a series of questions to him regarding the reopening of the building. One question was whether there was a current evacuation plan for the jail, and whether the plan had been revised since Hurricane Katrina.23 At a court hearing on October 17, 2005, the day HOD was reopened for business, the ACLU obtained an order requiring the Sheriff to produce “the current evacuation plan pertaining to the Orleans Parish Prison.”24
After two weeks, the ACLU wrote to the Sheriff asking that he comply with the court order and produce the plan. The Sheriff’s counsel responded by stating that he would “send . . . the current fire evacuation plan when he can locate the officer who maintains the Procedures manual.”25 Having received nothing for ten more days, the ACLU filed a motion to hold the Sheriff in contempt of the court’s order. In response, the Sheriff’s counsel wrote to inform the ACLU that
the fire evacuation plan is in the possession of the Fire Safety Officer for the Sheriff’s Office, Raymond Fitzpatrick (who is a retired district fire chief). Mr. Fitzpatrick has not been seen or heard from since Hurricane Katrina struck New Orleans. In an effort to locate the plan, we intend to break into Mr. Fitzpatrick’s locked filing cabinets at the House of Detention. If it cannot be located there, that means it is instead located in the Community Correctional Center. No one is allowed into the CCC at this time for health reasons.26
With this letter, the Sheriff’s counsel admitted that nearly two months after the Sheriff returned prisoners, staff, and deputies to HOD, there was no Fire Safety Officer assigned to the facility, no accessible fire evacuation plan in place, and there was little expectation that such a plan would be produced in the foreseeable future. Moreover, the Sheriff’s counsel appeared to have made no effort to locate any current evacuation plans aside from the fire evacuation plan. There is no indication whether the patently inadequate two-page Hurricane/Flood Contingency Plan that was purportedly in place at the time of Katrina was revised in any manner.
2. Adequate Medical Care Is Not Available for Chronically Ill Prisoners
Prior to the storm, emergency medical services were provided to prisoners by Charity and University hospitals, two public hospitals in New Orleans. However, at the time HOD was reopened, both hospitals remained closed.27 In light of the damage suffered by many of the prison buildings, and given that many health

care staff and officers had not returned to New Orleans, the ACLU asked the Sheriff to explain how the jail planned to provide prisoners with medical and mental health services.28
Those questions were in fact answered several weeks later, when the Sheriff wrote to the New Orleans City Council to propose his new budget. In that letter, the Sheriff admitted that the “limited medical staff and equipment can’t provide all of the services that are needed for dialysis, surgery, and the treatment of AIDS.”29 In light of the Sheriff’s admission, it should come as no surprise that prisoners complain about current medical care at OPP. Prison officials report that serious medical cases are taken to neighboring hospitals several miles away, but one prisoner explains that “you got to be ready to die” to be taken to the hospital.30
One prisoner recently described an incident in which another prisoner who was supposed to be receiving medication:
threw up major beaucoup blood, purple blood, pieces like the size of extra large jolly ranchers. . . . Everyone thought he would die. We called deputies and asked Ms. Thurman to get him out of here and at first Thurman said medical wasn’t coming. She saw the blood and everything and we convinced her we need to get him out of there. He could barely move. Blood around his feet at least 1/2 inch thick. We had to mop it up when he left.31
Another man who suffers from epilepsy complains that when he informed deputies of his medical condition and asked to be placed on a bottom bunk, he was beaten and moved to another section of the prison.32
With the Medical Observation Unit of Templeman I still closed, wheelchair-bound prisoners report they are now held in areas of the jail that are not handicap-accessible. One such prisoner held on the 10th floor of HOD filed a grievance with Warden Pittman regarding problems he has had in navigating through the jail. In his grievance he writes:
Warden Pittman, I’m sending this grievants to you about some serious problems in having, I’m already confined to a wheel chair with one leg. I have been having trouble getting on and off the toilet and when I have to shower I have to try and jump from one chair to another to shower I really can’t help myself is there some where close yall could send me that have handicap rails in the showers and around the toilets where I wouldn’t hurt myself.33
The curt response provided by Warden Bonita Pittman reads simply: “You are on a medical tier what you are requesting does not exist in the jail facilities.”34

INCOMPETENT DEFENDANTS
By law, a criminal prosecution may not proceed in Louisiana if a court determines that the defendant is not mentally competent to stand trial.35 The state may attempt to restore an incompetent defendant to competence through jail-based treatment, but that treatment may not exceed 90 days.36 At that point, if competency has not been restored, the defendant must be transferred to the Feliciana Forensic Facility (“Feliciana”).37 Even before Hurricane Katrina brought the New Orleans criminal justice system to a halt, mentally incompetent defendants
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often languished in local jails for months waiting for a transfer to Feliciana. While in jail they received limited, if any, treatment for their mental health conditions.
Eleven days before Hurricane Katrina hit New Orleans, Tammy Sims was supposed to be released from OPP and transferred to Feliciana.38 Ms. Sims had been arrested earlier in the month on a charge of public drunkenness, and was being held on a one-year old solicitation charge.39 At an August 18, 2005 hearing, the trial judge concluded that Ms. Sims, who suffers from schizophrenia, was mentally incompetent to stand trial; he ordered that she be transferred to Feliciana, where she was to receive treatment to restore her to competency.40 On the day of the storm, Ms. Sims was still in OPP, and only a chance encounter with a Tulane law student long after the storm led to her release 10 months later.41
Ms. Sims’s experience is not unique, though it is unknown how many incompetent defendants were, and still are, languishing in prisons and jails throughout the state following Katrina. Many of these men and women may not be receiving adequate treatment, nor is there any reason to expect that they will soon be transferred to a hospital or other treatment facility, or that they will appear in court.

3. The Reopened Buildings Remain Damaged and in
Need of Repair
It is not surprising that the OPP buildings were heavily damaged following the storm. Water from the storm destroyed the mechanical, electrical, and plumbing systems necessary to make many OPP buildings habitable. The water ruined surveillance equipment, shorted out electrical systems that manage the locking devices, and otherwise compromised basic safety systems.42 Some of the buildings had enormous holes in the exterior walls, through which men, women, and children had escaped the rising floodwaters. Prisoners housed in HOD report that there has been no hot running water since the building was reopened. In his letter to the City Council, Sheriff Gusman admitted that he returned prisoners to two buildings that “still require additional repairs and improvements to be brought to pre-Katrina levels.”43
One problem the Sheriff appears not to have addressed is possible mold infestation. Following Hurricanes Katrina and Rita, the Centers for Disease Control warned that untreated mold will exacerbate asthma and can have serious health effects, particularly for those who have other chronic conditions.44 The CDC recommended that public officials develop a comprehensive program to identify and repair mold-infested buildings, which include any building that had been water-logged for more than 48 hours, and to implement a coordinated public health response to track and treat persons who suffer health effects from being exposed to mold.45 While the rest of New Orleans was becoming expert in mold remediation, Sheriff Gusman said simply that the ground floor of HOD was “kind of mothballed.”46
In March 2006, several prisoners mailed to the ACLU samples of what they believed to be mold scraped from their cell walls. Once tested, many of the samples were found to contain various types of mold. Although the presence of mold alone is insufficient to declare a health emergency, these samples strongly suggest that additional testing of the air in the buildings and of mold collected from surfaces in the buildings is warranted.
In addition to aggravating asthma, mold can affect the immune system, cause flu-like symptoms and pneumonia, and in some cases can lead to hepatocellular cancer.47 Some prisoners report suffering from cold and flu-like symptoms such as headaches, nausea, and body aches most days they remain inside the facility. One person reports nausea, fevers and diarrhea for four days,48 while another states that he had migraines

and severe stomach pain.49 In March 2006, one prisoner who mailed samples of mold collected from the Templeman V building described his asthma as “increasing in severity.”50 In his letter he names one prisoner who reportedly “contracted pneumonya and is on 4 types of inhailers from asma attack’s (sent to Hospital for x-rays[).]”51 The Sheriff refused to turn over this prisoner’s medical records to the ACLU.
4. Severe and Sustained Overcrowding
The average floor in the House of Detention contains four tiers (HOD Northside, HOD Southside, CLU Northside, and CLU Southside). Each tier typically holds three ten-person cells, for a total designed capacity of 120. Inside of each 10-person cell are two toilets and five double-stacked bunk beds. Prisoners report that they have been housed with up to 18 people in their cells. According to one man on the 3rd Floor of HOD who was interviewed in June 2006, there are 16 men in his cell, 17 men in cell 1 and 14 men in cell 2.dclxi The six men who are sleeping on the floor all have mats, but one prisoner sleeping on a bunk had not had a mattress for two weeks.53 Another prisoner explains that when prisoners are placed in a cell in HOD, “some don’t even get mattresses or blankets for a few days.”54 With people sleeping on the floor, “[i]t is so packed upstairs that everyone has to shift themselves and their mattresses for one person to use the toilet.”55 In some cells, prisoners are forced to sleep alongside the toilets because of the lack of space.56 Several prisoners report that the floors are still filthy and soiled with urine from when the toilets overflowed during the storm.57
Most of HOD is not air-conditioned. The building, which is ten stories high and has small windows in the walkways outside each cell, becomes oppressively hot during the summer. Across from most cells there is a small window fan that circulates hot air. For the men who are crammed into a cell at nearly double capacity, the heat affects every aspect of their lives. According to one man, “[i]t is so hot up there with all of those people that it gets hard to breathe. Tensions run high and deputies don’t care because they don’t have to live up there. It is an animal house up there.”58 Another prisoner, an insulin-dependant diabetic living in a non-air conditioned medical tier, reports that there is “[n]o air at all. Mad hot. The fans work but don’t really blow nothing.”59Prisoners faced the opposite problem in the winter, when they were returned to a building with windows that were broken in the days after Katrina.60 One prisoner reports that in February it was “too cold to shower.”61

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THE DEATH OF KERRY ANTHONY WASHINGTON

a Here, family friends and community members attend

Kerry Anthony Washington, 39 years old, was arrested on April 25, 2006 by the Jefferson Parish Sheriff’s Office. According to Mr. Washington’s wife, Cheryl, the two of them were engaged in an argument and, although no violence had occurred, Mrs. Washington contacted the local police.62 Upon their arrival, Jefferson Parish Sheriff’s deputies discovered that Mr. Washington had an outstanding Orleans Parish warrant for failing to appear in court to answer a charge of first-offense possession of marijuana. They arrested Mr. Washington and turned him over to the Sheriff’s office.
After his arrest, Mr. Washington’s wife telephoned or visited the jail every one or two days to determine the status of her husband’s case. Unsatisfied with being told that Mr. Washington was being held on a warrant, she visited the clerk’s office of the criminal court, where she was told that her husband had a court hearing sched-

vigil outside the prison building where he died.

uled for May 12. On May 12, Mrs. Washington went to the House of Detention, where her husband’s court hearing was supposed to occur. Upon her arrival, she was told that the hearing was not open to the public. In the hopes of catching a glimpse of her husband, Mrs. Washington stayed around for a little while. Eventually she went home. Later that night, Mrs. Washington called Central LockUp and was informed that her husband had been released from the jail at 5:30 pm.
After some time had passed without hearing from her husband, Mrs. Washington drove to the jail, thinking that her husband was waiting for her to pick him up. When she found that he was not there, and she confirmed that he had not called her, his mother, or any of their friends, she drove to

several bus terminals around the city in search of him.
On Saturday morning, Mr. Washington’s mother—a Hurricane Katrina evacuee now living in Georgia—flew to New Orleans to help locate her son. Melvina Washington went to Central Lock-Up, where she met her daughter-in-law. Both women again were told that Mr. Washington had been released the previous evening.
When Melvina Washington asked to speak with someone else in Central Lock-Up, and Cheryl Washington asked to see documentation of her husband’s release, a high-ranking official in the Sheriff’s Office informed the two women that Kerry Anthony Washington had died two weeks earlier, on April 29, 2006, just four days after his arrest.
According to the Sheriff’s spokesper-

son, Mr. Washington failed to provide emergency contact information, and the addresses they had on file did not produce results. This response does little to explain why Mrs. Washington was not told her husband had died during her daily calls and visits to jail, nor has the Sheriff explained why jail personnel repeatedly misinformed Mrs. Washington about her husband’s wellbeing and his whereabouts.
In May 2006, family members and supporters assembled outside the jail to remember Mr. Washington’s life and mourn his death. The crowd shared in prayer and song, and listened to testimonials from Mr. Washington’s wife, mother and children about how much he meant to them and how deeply his loss will be felt. The exact circumstances of Mr. Washington’s death remain unclear. According to the Orleans Parish coroner, Mr. Washington died “following a scuffle with guards at the prison.”63 I

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Overcrowding is also a problem in the South White Street jail, where most prisoners sleep in open dormitories filled with row upon row of bunk beds. Prisoners estimate that each dorm is equipped to hold approximately 90 prisoners, but they now house in excess of 110 people. One man explains: “The living conditions here are overcrowded. I’m in a 90 man cell with maybe 115 to 120 people. I don’t think it would pass the fire department code.”64 Another prisoner reports that there are people sleeping on the floor.65 “Food it’s bad, man. It’s bad in there. Food comes up short every day.”66
Rather than look to viable alternatives that would allow New Orleans to maintain a smaller, safer jail, Sheriff Gusman returned to a solution from yesteryear to alleviate his overcrowding problems. Directly across from HOD, construction has begun on a series of eight tents that are intended to house 100 prisoners each.67 If history is any indication of what is to come, there is no telling how long this “temporary minivillage of barracks-style jails” will remain in use.68
B. The Decision to Reopen Orleans Parish Prison: The Business of Incarceration
It is not difficult to understand why the Sheriff quickly reopened the facility and returned prisoners to his jail. By agreement, the city of New Orleans pays the Sheriff’s office $22.39 per day for each local prisoner OPP houses.69 Before the storm, this amounted to roughly $100,000 per day. The state pays the Sheriff $24.39 for each state prisoner he houses at the jail, with a $7.00 premium per day for each state prisoner who requires mental health care.70 However, he receives nearly twice that amount for housing federal prisoners, including immigration detainees.71 This may explain why thousands of local prisoners charged with minor offenses languished for months in state facilities without access to counsel, and without any chance of appearing in court, while federal prisoners were among the first to be returned to OPP following the hurricane. These individuals were held in Templeman V, an administrative building that reportedly did not house prisoners before the storm, and was only put into use because the majority of the other buildings were in far worse condition post-Katrina. For 2006, the City of New Orleans projects it will spend over $50 million to house prisoners, double what it spent just twelve years ago.72
Orleans Parish Criminal Sheriffs have consistently discussed the trafficking of prisoners in business terms. After the number of state prisoners housed at OPP dropped between 2000 to 2002, then-Sheriff Foti remarked: “If you were in the stock market, you would call this a slow-growth period.”73 Noting that the pay from housing federal prisoners was significantly higher than from state or local prisoners, Foti once said he “wishe[d] there were more high-profit prisoners.”74 Following Sheriff Foti’s departure, Interim Sheriff Bill Hunter explained the “tight budgetary times” for the Sheriff’s office by noting that “fewer inmates translates into less revenue for the jail.”75 In fact, when the Sheriff’s office requests payment from New Orleans for housing city prisoners, the “Invoice” refers to prisoners as units, and lists a “Unit Price” of $22.39 per day.76
Despite the enormous cost to the city of housing all of

these individuals, the finances of OPP are a mystery to local and state officials. In fact, when the Sheriff presented the City Council with his projected 2006 annual budget of approximately $75 million, the document was a meager two pages—the same length as the Contingency Plan.77 The budget failed to breakdown any of the figures, including bigticket items such as personnel expenditures, which totaled $39,910,562.78
This lack of accountability also allows the Sheriff to have unparalleled control over the city’s largest patronage base. In 2005, the sheriff had roughly 1200 nonunion employees who served at his pleasure, exempt from the civil service protections enjoyed by other city employees.79 The Times-Picayune remarked that the electoral victory of current Sheriff Marlin Gusman marked “his evolution from political appointee to full-fledged politician with his own patronage base.”80 According to Shana Sassoon, a member of the Orleans Parish Prison Reform Coalition (“OPPRC”), “OPP has long been a shameful centerpiece of New Orleans’ broken criminal justice system with its history of human and civil rights abuses, fatal disease, and institutional violence. It’s no coincidence that OPP has also emerged as a centerpiece of political power in New Orleans.”81
The return of prisoners to OPP also provided the Sheriff with the labor force that his office has long used and abused. In 1989, the Times-Picayune reported that private citizens and companies could hire prisoners to perform work at minimum wage.82 From these wages, the sheriff would deduct living expenses, travel expenses, support costs of the prisoners’ dependents, and payment of the prisoners’ debts, with any remaining money going to the prisoner. In mid-July 2006, two OPP prisoners were improperly “loaned” to a contractor in order to perform construction work on the home of a local judge.83 Recently OPP built an aquaculture facility—run entirely by prison labor—to raise about 600,000 to 700,000 pounds of tilapia per year.84 Prison laborers are often used as political tools. When running for office in 2003, Marlin Gusman told the League of Women Voters: “I will work with the city administration to reduce the burden on the general fund and provide more prisoner labor to augment city services.”85 One factor that helped the Sheriff return prisoners to OPP so soon after the storm is his use of prison labor to clean up the facility. Persons charged with municipal offenses following the storm reported that upon pleading guilty, they were ordered to complete 40 hours of community service cleaning up OPP buildings.86
If anything, Hurricane Katrina has accelerated the jail’s exploitation of prison laborers who are paid pennies on the dollar. After the hurricane struck, Sheriff Gusman promised to make prisoners available to assist in the recovery. Given the fact that the majority of prisoners had yet to be convicted or were convicted of minor offenses, this use of prisoners amounts to modern slavery—or a throwback to the notoriously racist convict-lease and state-use prison labor systems that proliferated in the South after Reconstruction.

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Aerial view of prisoners on the Overpass
PHOTOGRAPH: AP/WIDE WORLD PHOTO

X. CONCLUSION
Until now, the story of the prisoners at Orleans Parish Prison has received short shrift. Like many of the stories that came out of Katrina, theirs is one of survival. With few exceptions, the prisoners held in OPP in the wake of Hurricane Katrina took care of one another. They worked to free fellow prisoners trapped in cells filled with contaminated floodwaters, watched out for the frail and sick, as well as for juveniles too small to stand in the water without help. Without food, water, light, or ventilation for days, the response of the prisoners to chaotic, terrifying conditions was remarkable.
Many of the stories are also about racially motivated animosity on the part of prison officials, while all of the stories are about the blatant disregard for the dignity that was owed to each man, woman, and child trapped in OPP during and after the storm.
The stories in this report are not, however, simply about survival. Rather, they are stories of a criminal justice system that has had serious problems for a very long time. The abuse of prisoners at OPP and the inattention paid to their basic needs existed long before Hurricane Katrina struck the Gulf Coast. Likewise, the damage caused by the storm only revealed how infirm Louisiana’s indigent defense system already was.
It is important that these stories are told, so that they are not forgotten. It is also important so that the mistakes chronicled in this report are never repeated. By instituting the recommendations at the beginning of this report, local, state and federal officials can begin the process of bringing justice to the OPP evacuees, while taking steps to ensure real public safety by making OPP a safer, more humane, and more costeffective jail.

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ENDNOTES

Executive Summary
1 News Staff, Looters Taking Advantage of Katrina Devastation, CTV, Aug. 31, 2005, available at http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20050830_hurricane_katrina_050830/?hub=CTVNewsAt11. 2 Jeffrey A. Schwartz and David Webb, Hurricanes Katrina and Rita and the Louisiana Dept. of Public Safety and Corrections: A Chronicle and Critical Incident Review, AN NIC TECHNICAL ASSISTANCE REPORT, Technical Assistance No. 06P1035 (May 10, 2006), 19. 3 Id. For an account of the sensational stories that were reported in the days following the storm, but have since been called into question, see generally Jim Dwyer and Christopher Drew, Storm and Crisis: Lawlessness; Fear Exceeded Crime’s Reality in New Orleans, THE NEW YORK TIMES, Sept. 29, 2005. The spread of these unsubstantiated rumors “changed troop deployments, delayed medical evacuations, drove police officers to quit, [and] grounded helicopters.” Id. 4 Peter Whoriskey, In New Orleans, Justice on Trial, THE WASHINGTON POST, Apr. 15, 2006. 5 In an effort to allow the prisoners’ own voices to come through in this report, we chose not to correct grammatical or spelling errors in the letters and testimonials that we received. The only changes we made to the original language were to obscure obscenities. 6 Compiled from Times Wires, Allegations of Neglect at Jail are “Fiction,” Sheriff Says, ST. PETERSBURG TIMES, Oct. 6, 2005. 7 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success, NEW ORLEANS CITYBUSINESS, Feb. 20, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 8 Sample questionnaires returned to the ACLU National Prison Project by OPP evacuees are available in the Appendix. 9 Orleans Parish is unique in that there is both a Civil Sheriff and a Criminal Sheriff. In this report, we will be dealing exclusively with the Orleans Parish Criminal Sheriff’s Office, which is currently led by Sheriff Marlin N. Gusman. For the remainder of the report, this office will simply be referred to as the “Sheriff’s Office,” and Mr. Gusman will be referred to as “Sheriff Gusman.” 10 The authors of this report have obtained a copy of the report. Jeffrey A. Schwartz and David Webb, Hurricanes Katrina and Rita and the Louisiana Dept. of Public Safety and Corrections: A Chronicle and Critical Incident Review, AN NIC TECHNICAL ASSISTANCE REPORT, Technical Assistance No. 06P1035 (May 10, 2006) (hereinafter “NIC Technical Assistance Report”). 11Analysis by the Louisiana Capital Assistance Center of Data Provided by the Orleans Parish Criminal Sheriff’s Office, (hereinafter “The LCAC Analysis”). 12 Louisiana Department of Public Safety & Corrections, Quarterly Statistical Performance Report, Local Facilities Bedspace and Projections, 153, Mar. 25, 2005, available at http://www.corrections.state.la.us/Statistics/PDF_QSPR/C.pdf. 13 The LCAC Analysis. 14 Orleans Parish Criminal Sheriff’s Office, Analysis of Daily Cost Per Inmate, 2003-2006, attached to Letter from Sheriff Marlin N. Gusman to Members of the New Orleans City Council, Nov. 10, 2005. 15 Staff Reports, 6 Youths Detained on Curfew’s First Night, THE TIMES-PICAYUNE (New Orleans), June 25, 2006. According to reports, juveniles are now being housed on the third floor of an administrative building staffed by NOPD officers and Sheriff’s deputies. See Leslie Williams, Grant of Ride Request Brings Curfew Jam, THE TIMES-PICAYUNE (New Orleans), July 3, 2006. 16 Bill Rust, Juvenile Jailhouse Rocked: Reforming Detention in Chicago, Portland, and Sacramento, ANNIE E. CASEY FOUNDATION, Fall/Winter 1999, available at http://www.aecf.org/publications/advocasey/winter99/juv/juv.pdf. 17 David Steinhart, Planning for Juvenile Detention Reforms: A Structured Approach, ANNIE E. CASEY FOUNDATION, available at http://www.aecf.org/initiatives/jdai/pdf/1_planning.pdf. 18 Report Overview, Unlocking the Future: Detention Reform in the Juvenile Justice System, COALITION FOR JUVENILE JUSTICE, 3, available at http://www.juvjustice.org/publications/OverviewofAR03.pdf. 19 Executive Summary, Juvenile Crime, Juvenile Justice, COMMISSION ON BEHAVIORAL AND SOCIAL SCIENCES AND EDUCATION, 2001, available at http://darwin.nap.edu/books/0309068428/html/7.html. 20 Letter from Jamie Fellner, Human Rights Watch, and Theodore Shaw, NAACP Legal Defense and Educational Fund, Inc., to Bradley Schlozman, U.S. Department of Justice Civil Rights Division, Oct. 7, 2005, available at http://www.naacpldf.org/content/pdf/katrina/Letter_to_DOJ_Requesting_Jena_Prison_Investigation.pdf. 21 Letter from Chanetta Cutlar, Special Litigation Section, Department of Justice, to Jamie Fellner, Human Rights Watch, and Theodore Shaw, NAACP Legal Defense and Educational Fund, Inc., Nov. 1, 2005.
Section I
1 Hamilton v. Schiro, 338 F. Supp. 1016, 1016 (E.D. La 1970). 2 United States Department of Justice Bureau of Justice Statistics, Bulletin, Prison and Jail Inmates at Midyear 2004 at 10, April 2005, available at http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim04.pdf. 3 Bill Van Siclen, Photos and Poems from Prison, PROVIDENCE JOURNAL BULLETIN, Apr. 14, 2005. 4 Barry Gerharz and Seung Hong, Down by Law: Orleans Parish Prison before and after Katrina, DOLLARS & SENSE, March/April 2006, available at http://www.dollarsandsense.org/archives/2006/0306gerharzhong.html. 5 U.S. Census Bureau, Louisiana: 2000 Population and Housing Unit Costs, United States Census 2000 (Oct. 2003) available at http://www.census.gov/prod/cen2000/phc-3-20.pdf. 6 Orleans Parish Criminal Sheriff’s Office, Analysis of Daily Cost Per Inmate, 2003-2006, attached to Letter from Sheriff Marlin N. Gusman to Members of the New Orleans City Council, Nov. 10, 2005. 7 For the sake of simplicity, this report refers to all of the individuals being held in OPP as “prisoners.” The use of this term is not meant to suggest that all of the individuals had been convicted of a crime and sentenced to serve time in a prison. On the contrary, as discussed above, most of the people in OPP were either pretrial detainees, federal immigration detainees, or individuals convicted of minor offenses that would typically result in incarceration at a local jail facility, rather than a prison. 8 The LCAC Analysis. 9 See Hamilton Plaintiffs v. Williams Plaintiffs, 147 F.3d 367, 368-69 (5th Cir. 1998).

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10 The Wall is Strong: Corrections in Louisiana, 2d Ed. (1991) Ed. By Burk Foster, Wilbert Rideau, and Ron Wikberg, University of Southwestern Louisianan,
Lafayette, LA, 86 (originally part of Burk Foster, Prison Overcrowding: The Louisiana Response,” THE ANGOLITE, Mar./Apr. 1988). 11 Id. at 85. 12 Id. at 86; see also C.J. Schexnayder, What Price Incarceration?, GAMBIT WEEKLY, Nov. 19, 2002. 13 Susan Finch, Prison Neighbors Want Tents Out, THE TIMES-PICAYUNE (New Orleans), Dec. 16, 1992. 14 Id. 15 Id. 16 The Wall is Strong: Corrections in Louisiana, 2d Ed. (1991) Ed. By Burk Foster, Wilbert Rideau, and Ron Wikberg, University of Southwestern Louisianan,
Lafayette, LA, 86 (originally part of Burk Foster, Prison Overcrowding: The Louisiana Response, THE ANGOLITE, Mar./Apr. 1988). 17 Jeffrey A. Schwartz and David Webb, Hurricanes Katrina and Rita and the Louisiana Dept. of Public Safety and Corrections: A Chronicle and Critical Incident
Review, AN NIC TECHNICAL ASSISTANCE REPORT, Technical Assistance No. 06P1035 (May 10, 2006), 56. 18 Settlement Agreement, Hamilton v. Morial, Mar. 26, 2003. The payment of $24.39 per day per state prisoner is $2.00 more than the state pays other local
parishes for housing state prisoners. Id. For more on the state’s payments to local parishes to house state prisoners, see C.J. Schexnayder, What Price Incarcera-
tion?, GAMBIT WEEKLY, Nov. 19, 2002. 19 The LCAC Analysis. 20 The three programs that existed at OPP at the time of the storm were the Francois Alternative Center at New Orleans, the Blue Walters Substance Abuse
Treatment Program (Blue Walters South”), and the About Face Boot Camp Program. 21 Id. 22 La.C.Cr.P. Art. 887. 23 La.C.Cr.P. Art. 884. 24 Matt Gnaizda, Katrina Exposes Orleans Parish Prison’s Flaws, THE EPOCH TIMES, Oct. 16, 2005, available at http://www.theepochtimes.com/news/5-10-
16/33361.html. 25 Id. 26 Peter Whoriskey, In New Orleans, Justice on Trial, THE WASHINGTON POST, Apr. 15, 2006. 27 Id. 28 Id. 29 Long before the present OPP buildings were ever built, the jail in New Orleans was infamous for its deplorable conditions. In 1831, Alexis de Tocqueville con-
demned the New Orleans jail, stating: “We saw there men thrown in pell-mell with swine, in the midst of excrement and filth. In locking up criminals, no thought
is given to making them better but simply to taming their wickedness; they are chained like wild beasts; they are not refined but brutalized.” George Wilson Pier-
son, Tocqueville and Beaumont in America (New York, 1938), 622. 30 Schiro, 338 F. Supp. at 1016. 31 Id. at 1019. 32 Id. at 1017. 33 Id. at 1018. 34 Id. 35 Id. at 1017. The court cited a series of violations that had been identified by the Fire Prevention Division of the New Orleans Fire Department. Those viola-
tions included the complete absence of fire alarm systems, insufficient and often inoperable fire extinguishers, and inadequate means of egress by which to evacu-
ate detainees in the case of an emergency. Id. 36 Michael Perlstein, Hearing Set on Mothers in Jail; ACLU Reports Shackles in Labor, THE TIMES-PICAYUNE (New Orleans), May 4, 1999. 37 Lambert v. Morial, No. 94-2502 (E.D. La). 38 Human Rights Watch, Locked Away: Immigration Detainees in Jails in the United States (Sept. 1998) Vol. 10, No. 1 (G), available at
http://www.hrw.org/reports98/us-immig/. 39 Id. 40 Id. 41 Doe v. Foti, No. 93-1227 (E.D. La). 42 Hamilton v., Morial, No. 69-2443 (E.D. La), Transcript, Record at 41 (May 7, 1993). 43 Id. 44 Order, Hamilton v., Morial, No. 69-2443 (E.D. La May 17, 1993). 45 See Williams v. McKeithen, CA No. 71-98-B (M.D. La. 1997) (available at Hamilton Plaintiffs v. Williams Plaintiffs, 147 F.3d 367 (5th Cir. 1998). 46 Fox Butterfield, Justice Besieged: New Orleans Juvenile Court System is Called Nation’s Most Troubled,” THE NEW YORK TIMES, July 22, 1997, A1. 47 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, 6, available
at http://jjpl.org/PDF/treated_like_trash.pdf. 48 Id. 49 Id. 50 Id. 51 Id. 52 Complaint, Jones v. Hunter, No. 05-2470 (E.D. La. June 17, 2005) ¶ 13. 53 Id. at ¶ 14. 54 Id. at ¶ 16. 55 WDSU, Orleans Criminal Sheriff’s Deputies Indicted in Inmate’s Death, June 2, 2005, available at http://www.wdsu.com/news/4562307/detail.html. 56 Tara Young, Murder Suspect Dies in Prison Ruptured Ulcer Killed Man, Coroner Says, THE TIMES-PICAYUNE (New Orleans), Oct. 14, 2004. 57 Bob Ussery, Jail Inmate Died of TB, Tests Show Officials Screen Those in Contact with Him, THE TIMES-PICAYUNE (New Orleans), Mar. 10, 2005; Gwen Filosa,
Medical Experts Give Jail Clean Bill; Health Care Up to Par, They Say, THE TIMES-PICAYUNE (New Orleans), May 14, 2005. 58 Bob Ussery, Prison Inmate Dies in Hospital; Another Fell Fatally Ill in Late February, THE TIMES-PICAYUNE (New Orleans), Mar. 31, 2005. 59 Staff Reports, Inmate Dies on Dialysis; He Had a History of Medical Ailments, THE TIMES-PICAYUNE (New Orleans), May 7, 2005; Inmate’s Death in Jail Cell
Raises Questions About Prior Complaints,” BATON ROUGE ADVOCATE, Apr. 24, 2005. 60 Staff Reports, N.O. Inmate Dies at Charity Hospital, THE TIMES-PICAYUNE (New Orleans), Jul. 16, 2005; Staff Reports, Orleans Inmate Dies After Seizure, THE
TIMES-PICAYUNE (New Orleans), June 9, 2005. 61 The man who appears to have died the day before the storm is Donald Landry. According to the DOC Inmate Locator service, Mr. Landry died at OPP on
August 28, 2005. Officials in the Sheriff’s Office have similarly confirmed that a prisoner died at the jail the day before the storm. 62 See generally, Complaint, Wilson v. Foti, No. 02-2244 (E.D. La. July 23, 2002); Hamilton v. Morial, No. 69-2443 (E.D. La. Dec. 23, 2003) (report and recommen-
dation denying plaintiffs’ motion regarding deficiencies in mental health care delivery system in OPP).
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63 Id. at ¶ 15. 64 Id. 65 Id. 66 Id. at ¶ 16. 67 Id. 68Id. 69 Id. at ¶ 17. 70 Id. 71 Id. at ¶ 18. 72 Id. at ¶ 19. 73 Id. 74 Id. at ¶ 23. 75 Id. at ¶ 21. 76 Id. at ¶ 24. 77 Id. 78 Id. at ¶¶ 24-25. 79 Id. at ¶ 25. 80 Id. 81 Id. 82 Id. 83 Complaint, Bonnette v. Hunter, No. 05-1201 (E.D. La. Mar. 30, 2005) ¶ 42. 84 Id. at ¶ 21. 85 Susan Finch, 1969 Jail Psychiatric Care Case Closed ACLU Seeks Documents in Recent Suicide, THE TIMES-PICAYUNE (New Orleans), June 10, 2004; Susan
Finch, Death Renews Prison Dispute ACLU Fights Rulings on Psychiatric Unit, THE TIMES-PICAYUNE (New Orleans), June 8, 2004. 86 Complaint, Bonnette v. Hunter, No. 05-1201 (E.D. La. Mar. 30, 2005) ¶ 37. 87 Id. at ¶ 38. The belt that was left in the cell is commonly used to secure a prisoner’s torso when he is placed in five-point restraints. Id. at ¶ 33. Because Mr.
Bonnette was placed in four-point restraints, rather than five-point restraints, and he was theoretically supposed to be on suicide watch, there is no reasonable
explanation for this object to have been left in the cell. 88 Staff Reports, N.O. Inmate Dies After Hanging; Man Jailed in ’03 was in Mental Unit, THE TIMES-PICAYUNE (New Orleans), Aug. 4, 2005. 89 U.S. Census Bureau, Housing Patterns - Racial and Ethnic Residential Segregation in the United States: 1980-2000, ch.5, available at
http://www.census.gov/hhes/www/housing/resseg/ch5.html. 90 Human Rights Watch, Shielded from Justice: Police Brutality and Accountability in the United States, available at http://www.hrw.org/reports98/police/uspo93.htm;
Richard Pennington, The Thinnest Blue Line, THE NEW YORK TIMES, Mar. 31, 1996. 91 Human Rights Watch, Shielded from Justice: Police Brutality and Accountability in the United States, available at http://www.hrw.org/reports98/police/uspo93.htm. 92 See generally, Bruce Eggler, Independent Monitor Urged for N.O. Police; Brutality Complaints Revive 2002 Proposal, THE TIMES-PICAYUNE (New Orleans), Apr.
28, 2006; Stephanie Doster, Racial Profiling Law Lacks Teeth; Loophole Lets Police Off Hook, Some Say, THE TIMES-PICAYUNE (New Orleans), Dec. 16, 2001. 93 Press Release, ACLU Demands Release of Information on Racial Profiling and Use of Force by New Orleans Police, AMERICAN CIVIL LIBERTIES UNION, Apr. 6,
2006, available at http://www.aclu.org/racialjustice/racialprofiling/25030prs20060406.html. 94 Human Rights Watch, Race and Incarceration in the United States: Human Rights Watch Press Backgrounder, Feb. 22, 2002, tbl.4: “Percentage of Blacks Among
Resident Population and Incarcerated Population.” 95 United States Department of Justice Bureau of Justice Statistics, Bulletin, Prison and Jail Inmates at Midyear 2005 at 10 (May 2006), available at
http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim05.pdf. 96Id. 97Id. at 11. 98 The LCAC Analysis. 99 DeShaney v. Winnebago County Dep’t of Soc. Servs., 489 U.S. 189, 198-200 (1989). 100 U.S. CONST. amend. VIII. 101 Farmer v. Brennan, 511 U.S. 825, 832 (1994); Youngberg v, Romeo, 457 U.S. 307, 315-16 (1982). 102 Farmer, 511 U.S. at 833-34. 103 Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974) (finding the lack of fire equipment in the facility inadequate in the event of a fire). See Jones v. City and County of
San Francisco, 976 F. Supp. 896, 909-10 (N.D. Cal 1997) (finding it intolerable to house prisoners confined to a cell behind bars with no reasonable means of
escape or safety in an area where there was a high risk of an earthquake). 104 Ramos v. Lamm, 639 F.2d 559, 571 (10th Cir. 1980). See also Phelps v. Kapnolas, 308 F.3d 180 (2d Cir. 2002) (finding prisoner’s allegation that officials knowingly
provided him with an inadequate diet constituted a valid claim under the Eighth Amendment). 105 Helling v. McKinney, 509 U.S. 25, 32 (1993) (finding that inmates need not show death or serous illness occurred to prove unsafe or life threatening condition
in the prison). See DeSpain v. Uphoff, 264 F.3d 965, 974 (10th Cir. 2001) (finding that exposure to urine and feces resulting from flooding in the jail was a signifi-
cant deprivation to raise serious health concerns and general standards of dignity embodied in the Eighth Amendment); Bradley v. Puckett, 157 F.3d 1022, 1025
(5th Cir. 1998) (holding that unsanitary conditions depriving the prisoner of basic human needs, exposing him to health risks was a valid claim for which the pris-
oner sought relief); Jackson v. Duckworth, 955 F.2d 21, 22 (7th Cir. 1992) (conditions where a prisoner was “forced to live with ‘filth, leaking and inadequate
plumbing, roaches, rodents, the constant smell of human waste, poor lighting, inadequate heating, unfit water to drink, dirty and unclean bedding, without toilet
paper, rusted out toilets, broken windows, [and] …drinking water containing small black worms which would eventually turn into small black flies,” constituted
an Eighth Amendment violation). 106 Estelle v. Gamble, 429 U.S. 97, 103 (1976) (citing Gregg v. Georgia, 428 U.S. 153, 173 (1976)). 107Farmer, 511 U.S. at 833-34 (finding prison officials acting with deliberate indifference if an official exposes a prisoner to substantial risk of sexual assault). See
Ramos, 639 F.2d at 572 (recognizing that the prison environment can be tense, explosive and potentially dangerous). 108 Estelle, 429 U.S. at 104. In his testimony to a Joint Committee of the Louisiana legislature, DOC Secretary Stalder acknowledged, “Indigent medical care in
the State of Louisiana is not required by the United States Constitution; inmate medical care is required.” Testimony of Richard Stalder, Secretary, Dep’t of Pub.
Safety and Corr., Oct. 10, 2005, Joint Comm.—Disaster and Recovery, Part 1, available at http://house.louisiana.gov/rmarchive/2005/Oct2005.htm. 109 Gates, 376 F.3d at 332 (5th Cir. 2004) (finding mental health needs to be as serious as physical health). 110 Some of these instruments are binding, while others are advisory. Binding treaties signed by the U.S. government that the federal government is bound to
implement at both the federal and state levels include: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(“CAT”), adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984, entered into force June 26,

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1987, available at http://www.unhchr.ch/html/menu3/b/h_cat39.htm; the International Covenant on Civil & Political Rights (“ICCPR”), adopted by General Assembly Resolution 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976, available at http://www.unhchr.ch/html/menu3/b/a_ccpr.htm; and the International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”), adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of December 21, 1965, available at http://www.ohchr.org/english/law/cerd.htm. Many of the non-binding, advisory documents are, despite their advisory nature, widely followed by U.N. member countries. Among the most relevant are the Standard Minimum Rules for the Treatment of Prisoners (“SMRs”), adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, available at http://www.unhchr.ch/html/menu3/b/h_comp34.htm; the Basic Principles for the Treatment of Prisoners (“Basic Principles”), adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990, available at http://www.unhchr.ch/html/menu3/b/h_comp35.htm; and The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (“Body of Principles”), adopted by General Assembly resolution 43/173 of 9 December 1988, available at http://www.unhchr.ch/html/menu3/b/h_comp36.htm. 111 ICCPR Article 10(1). 112 Body of Principles Principle 15: “[C]ommunication of the detained or imprisoned person with the outside world, and in particular his family or counsel, shall not be denied for more than a matter of days.” Principle 19: “A detained or imprisoned person shall have the right . . . to communicate with the outside world, subject to reasonable conditions and restrictions as specified by law or lawful regulations.”
SMR 37 also suggests that such contact must be allowed: “Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits.” More generally, SMR 57 provides: Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking from the person the right of self-determination by depriving him of his liberty. Therefore the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in such a situation. 113 Children have a right to maintain contact with their parents. Under the Convention on the Rights of the Child, adopted November 1989, “States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.” Article 9. 114 SMR 8(d) clearly mandates “Young prisoners shall be kept separate from adults.” ICCPR Article 10(3) also mandates that “Juvenile offenders [shall] be segregated from adults” and that they “be accorded treatment appropriate treatment to their age and legal status.” (If untried, ICCPR Article 10(2)(b) requires that “[a]ccused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.”) And SMR 85(2) provides that juveniles “shall be kept separate from adults” and reiterates “they shall in principle be detained in separate institutions.” There are also relevant rules specific to children including the advisory Havana Rules adopted in 1990 and formally known as the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Havana Rule 29 states “In all detention facilities juveniles should be separated from adults, unless they are members of the same family. Under controlled conditions, juveniles may be brought together with carefully selected adults as part of a special programme that has been shown to be beneficial for the juveniles concerned.” 115 SMR 20(1) and (2). The SMRs were among the first instruments of their kind to be promulgated by the U.N. They reflect generally accepted good principle and practice in the treatment of prisoners and the management of institutions. Although there are still countries where implementation is more aspiration than fact (including the U.S.), it is generally agreed that the SMRs have had a worldwide impact and they continue to be an important influence in the humane and equitable administration of correctional institutions. 116 SMR 22(1) provides that “every institution” should make available “the services of at least one qualified medical officer,” and SMR 22(2) that if a prisoner requires specialist treatment, that shall be provided too. Medical officers should see patients as soon as they are admitted and then care for them daily. SMRs 24 and 25. Additionally, the Body of Principles requires “a proper medical examination” to be offered “to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment and thereafter medical care and treatment shall be provided whenever necessary . . . free of charge.” And, Principle 9 of the Basic Principles requires that prisoners have “access to the health services available in the country without discrimination on the grounds of their legal status.” 117 SMR 10 states “All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.” Also applicable is SMR 12, which provides “The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.” And SMR 13: “Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate.” Last, SMR 15: “Prisoners shall . . . be provided with water and with such toilet articles as are necessary for health and cleanliness.” Clearly, all these standards were flouted by the prison administration. 118 CAT Article 16 (“Each State Party shall undertake to prevent . . . acts of cruel, inhuman or degrading treatment or punishment . . . when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”). Also, The Body of Principles provides in Principles 6 and 7 that “No person under any form of detention or imprisonment shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.” “The terms cruel, inhuman or degrading treatment or punishment should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental.” Id. It also violates SMR 30(1) which provides “No prisoner shall be punished except in accordance with [relevant administrative rules].” And SMR 30(2): “No prisoner shall be punished unless he has been informed of the offense alleged and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case.” Finally, SMR 31: “Corporal punishment, punishment by placing in a dark cell, and all CID punishments shall be completely prohibited as punishments for disciplinary offences.” 119 CERD Articles 2 and 5. Article 2(1) provides: States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations; (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; (d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization; . . . Also relevant is Article 5 of CAT which provides: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: . . . (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; … (e) Economic, social and cultural rights, in particular: . . . (iv) The right to public health, medical care, social security and social services; . . .
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The ICCPR treaty also applies to these violations. Article 26 states:
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall pro-
hibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour . . .
And both SMR 6(1) and Principle 2 of the Basic Principles state: “There shall be no discrimination on the grounds of race, colour, sex, language, reli-
gion, political or other opinion, national or social origin, property, birth or other status.” Likewise, Principle 5 of the Body of Principles provides: “These princi-
ples shall be applied to all persons within the territory of any given State, without distinction of any kind, such as race, colour, sex . . . .”
This ill-treatment also violates the more general ICCPR Article 10(1): “All persons deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person.” Similarly, it violates Principle 1 of the Basic Principles for the Treatment of Prisoners: “All prisoners shall be treated
with the respect due to their inherent dignity and value as human beings.”
Section II
1 Transcript of CNN Coverage of Press Conference, Aug. 28, 2005, available at http://transcripts.cnn.com/TRANSCRIPTS/0508/28/bn.04.html. 2 For a detailed account of Hurricane Katrina’s progression from a Tropical Depression to a Category 5 Hurricane, see The White House, The Federal Response to
Hurricane Katrina: Lessons Learned, 21-31, Feb. 2006, available at http://www.whitehouse.gov/reports/katrina-lessons-learned/index.html (hereinafter “The White
House Report”). 3 Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, A Failure of Initiative, 59, Feb. 15, 2006, available at
http://katrina.house.gov/full_katrina_report.htm. 4 Id. at 63 (citing Letter from Kathleen Babineaux Blanco, Governor of LA, to George W. Bush, President of the United States (Aug. 27, 2005)). 5 Id. (citing Louisiana: Emergency and Related Determinations, 70 Fed. Reg. 53,238 (Aug. 27, 2005, as amended Sept. 7, 2005)). 6Id. (citing Letter from Kathleen Babineaux Blanco, Governor of LA, to George W. Bush, President of the United States (Aug. 28, 2005)). 7Id. (citing Louisiana: Emergency and Related Determinations, 70 Fed. Reg. 72,458 (Aug. 29, 2005, as amended Dec. 5, 2005)). 8 The White House Report, at 25. 9 Id. at 26. 10 Transcript of CNN Coverage of Press Conference, Aug. 28, 2005, available at: http://transcripts.cnn.com/TRANSCRIPTS/0508/28/bn.04.html. 11 Id. 12 Id. 13 DOUGLAS BRINKLEY, THE GREAT DELUGE: HURRICANE KATRINA, NEW ORLEANS, AND THE MISSISSIPPI GULF COAST 1 (HarperCollins 2006). 14 Id. 15 Id. at 1-2. 16 Id. at 2-3. 17 U.S. Department of Justice, National Institute of Corrections, A Guide to Preparing for and Responding to Prison Emergencies, June 2005, at 3, available at
http://www.nicic.org/. 18 Id. 19 Id. at 17. 20 Id. at 18. 21 Id. at EP-50-51. 22 Id. at EP-61-63. 23 Id. at EP-72-73. 24 Id. at ND-1-4. 25 Id. at ND-13-14. 26 Id. at ND-16-18. 27 Interview with Glyendale Stevenson, June 6, 2006 (Notes on File with the ACLU National Prison Project); Interview with Glyendale Stevenson, May 24,
2006 (Notes on File with the ACLU National Prison Project). 28 NIC Technical Assistance Report at 15. 29 Id. at 12. 30 Louisiana Department of Public Safety and Corrections, Corrections Services, Hurricane Katrina /Hurricane Rita Activity Report, Mar. 21, 2006, available at
http://www.marlingusman.com/KATRINA1%20RITA%20ACTIVITY%20REPORT.htm. 31 Michelle Gaseau, Corrections Emerges Strong Following Katrina, CORRECTIONS.COM, Sept. 12, 2005. 32 NIC Technical Assistance Report at 13. 33 Letter from Patricia Nally Bowers, to Katie Schwartzmann, June 29, 2006. 34 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 35 Id. 36 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 37 NIC Technical Assistance Report at 16. 38 Jason Brown and Kayla Gagnet, Prisoners of the Storm, THE DAILY ADVERTISER, Dec. 18, 2005, available at
http://acadiananow.com/apps/pbcs.dll/article?AID=/20051218/NEWS01/512180326/1002. 39 Interview with Anonymous Employee, Oct. 11, 2005 (Notes on File with the ACLU National Prison Project). 40 E-Mail from Brady Richard, Former Medical Supply Officer to Katie Schwartzmann, ACLU of Louisiana, June 28, 2006 (E-Mail on File with the ACLU
National Prison Project); Interview with Brady Richard, Mar. 9, 2006 (Notes on File with the ACLU National Prison Project); Interview with Brady Richard,
Oct. 11, 2005 (Notes on File with the ACLU National Prison Project). 41 Letter from Joe Cook to Various State and Local Officials, Requesting Documents Pursuant to Louisiana State Law, Sept. 22, 2005, available at
http://www.aclu.org/prison/conditions/20190prs20050928.html. Human Rights Watch similarly made repeated requests to Sheriff Gusman’s office requesting
information about the evacuation plan that was purportedly in place during the storm. See, e.g., Letter from Jamie Fellner, Director, U.S. Programs, Human
Rights Watch, to Sheriff Marlin N. Gusman, Oct. 8, 2005, available at http://hrw.org/english/docs/2005/10/08/usdom11907.htm. 42 Cook v. Gusman, Civil District Court, Parish of Orleans, No. 2005-12477. Prior to filing suit, the ACLU of Louisiana mailed a follow-up letter to Sheriff Gus-
man, again requesting a response to the Public Records Act request. No response to that letter was ever received. 43 Notation from Allen Usry on Letter from Joe Cook to Sheriff Marlin Gusman, Requesting Documents Pursuant to Louisiana State Law, Sept. 21, 2005,
available at http://www.aclu.org/prison/conditions/22359lgl20050921.html. Human Rights Watch received a similar response from the Sheriff’s spokesperson,
who informed them that the office of the person who may have had the plan on his computer took in “quite a bit of water” and was, at least temporarily, unavail-

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able. See Letter from Jamie Fellner, Director, U.S. Programs, Human Rights Watch, to Sheriff Marlin N. Gusman, Oct. 8, 2005, available at http://hrw.org/english/docs/2005/10/08/usdom11907.htm. 44 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 45 Id. 46 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 47 Agence France Presse, Sheriff’s Deputy Tells How Prisoners Fell onto Barbed Wire, Sept. 4, 2005. 48 Orleans Parish Criminal Sheriff’s Office Hurricane/Flood Contingency Plan (unsigned) (undated) available at http://www.aclu.org/prison/conditions/22359lgl20050921.html. 49 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina, NEW ORLEANS TRIBUNE, Feb./Mar. 2006, 24. 50 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005, available at http://www.nola.com/weblogs/print.ssf?/mtlogs/nola_tporleans/archives/print082074.html. 51 Richard A. Webster, N.O. Prison’s Future in Question, NEW ORLEANS CITYBUSINESS, Dec. 19, 2005, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14229. 52 Minutes, City of New Orleans Hazard Mitigation Plan Kick-Off Meeting, Apr. 9, 2003, available at http://hazardmitigation.org/meetings.htm. 53 “While the levees in Orleans Parish along Lake Pontchartrain are expected to hold a 14 foot storm surge, there is the possibility of extensive flooding in Orleans Parish from a Category 3 storm due to inflow of water from other parishes . . . . The worst flooding, over eight feet of water, would be in neighborhoods to the west and east of City Park. Almost all of New Orleans between Lake Pontchartrain and Claiborne Avenue would receive four to eight feet of water.” GCR and Associates, Inc., “Orleans Parish Mitigation Plan,” p. 13, available at http://hazardmitigation.org/ThePlan.htm. A map of the endangered areas is available at http://hazardmitigation.org/graphics/Maps903/map13hurr.jpg. 54 Brad Hanson, Emergency Management Supervisor for the Nebraska Department of Correctional Services, agreed to share with the National Prison Project of the ACLU several evacuation/relocation plans and checklists, including one plan pertaining to flood emergencies at the Omaha Correctional Center.
Section III
1 The LCAC Analysis. 2 Although the Sheriff’s own figures indicate that 354 people were transferred from YSC, this may not be entirely accurate. The population that was transferred from YSC consisted of male and female juveniles. A review of the Sheriff’s records suggests that some of the children are double-counted. According to a report issued by the Juvenile Justice Project of Louisiana, the total number of juvenile detainees at OPP during Katrina was approximately 150. 3 Gwen Filosa, Suspect Lost in Court System; Stuck for 10 Months, She Gets Out Today, THE TIMES-PICAYUNE (New Orleans), June 12, 2006; Henry Weinstein, Katrina’s Aftermath; Justice System Faces a Deluge of Challenges, LOS ANGELES TIMES, Sept. 11, 2005, available at http://www.nacdl.org/public.nsf/mediasources/20050912a. 4 Greater New Orleans Community Data Center, Orleans Parish: People and Household Characteristics (based on data from 2000), available at http://www.gnocdc.org/orleans/people.html. 5 The LCAC Analysis. 6 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, 7, available at http://jjpl.org/PDF/treated_like_trash.pdf. 7 Testimonial Provided by Inmate #116, Oct. 14, 2006 (Original on File with the ACLU National Prison Project). 8 Testimonial Provided by Inmate #138, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 9 Testimonial Provided by Inmate #51, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). The decision to cut off phone access is just one example of how decisions made by prison administrators aggravated conditions during this period. When the phones were cut off, prisoners became increasingly anxious about the safety of their family members. While deputies were preparing to bring their family members into the prison buildings so that they could be with them during the storm, the prisoners were denied any means of communicating with their family members. 10 Testimonial Provided by Inmate #51, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 11 Testimonial Provided by Vincent Norman, Oct. 13, 2005 (Original on File with the ACLU National Prison Project); Interview with Vincent Nelson, Apr. 18, 2006 (Notes on File with the ACLU National Prison Project). 12 Interview with Vincent Norman, Apr. 18, 2006 (Notes on File with the ACLU National Prison Project). 13 Testimonial Provided by Inmate #533, Nov. 5, 2005 (Original on File with the ACLU National Prison Project). 14 Testimonial Provided by Inmate #167, Oct. 13, 2005 (Original on File with the ACLU National Prison Project). 15 Declaration of Raphael Schwarz, Oct. 4, 2005. 16 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 17 Id. 18 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 19 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 20 Testimonial Provided by Inmate #541, Nov. 6, 2005 (Original on File with the ACLU National Prison Project). 21 Id. 22 Id. 23 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 24Id. 25 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 26 Richard Webster, Orleans Parish Prison Inmates Say they were Mistreated as Katrina’s Floodwaters Rose, NEW ORLEANS CITYBUSINESS, Jan. 23, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14517. 27 Matthew Crawford, Recovery Zone: Orleans Parish Sheriff Shares His Experiences After Katrina, CORRECTIONALNEWS.COM, May/June 2006, available at http://correctionalnews.com/ME2/Audiences/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE 895F87F791&tier=4&id=3C4639CFDE1443D4B8BF8F1CDF028184. 28 Id. 29 Id. 30 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 31 Interview with Rhonda Ducre, Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 32 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005. 33 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
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File with the ACLU National Prison Project). 34 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 35 Interview with Rhonda Ducre, Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 36 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
File with the ACLU National Prison Project). 37 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 38 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 39 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 40 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 41 Matt Gnaizda, Katrina Exposes Orleans Parish Prison’s Flaws, The Epoch Times, Oct. 16, 2005, available at http://www.theepochtimes.com/news/5-10-
16/33361.html. 42 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis,” NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 43 Id. 44 Interview with Rhonda Ducre, May 30, 2006 (Notes on File with the ACLU National Prison Project); Interview with Rhonda Ducre, Mar. 15, 2006 (Notes
on File with the ACLU National Prison Project). 45 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 46 Testimonial Provided by Inmate #159, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 47 Testimonial Provided by Inmate #119, Oct. 18, 2005 (Original on File with the ACLU National Prison Project). 48 Testimonial Provided by Inmate #53, Oct. 28, 2005 (Original on File with the ACLU National Prison Project). 49 Testimonial Provided by Inmate #59, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 50 Testimonial Provided by Inmate #160, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 51 Testimonial Provided by Inmate #145, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 52 Testimonial Provided by Inmate #660, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 53 Interview with Gedra Payne Robinson, Mar. 31, 2006 (Notes on File with the ACLU National Prison Project). 54 Id. 55 Interview with Joyce Gilson, Mar. 23, 2006 (Notes on File with the ACLU National Prison Project). 56 Interview with Gedra Payne Robinson, Mar. 31, 2006 (Notes on File with the ACLU National Prison Project). 57 Interview with Joyce Gilson, Mar. 23, 2006 (Notes on File with the ACLU National Prison Project). 58 Interview with JoAnn Bailey Wilson, Mar. 24, 2006 (Notes on File with the ACLU National Prison Project). 59 Id. 60 Interview with Joyce Gilson, Mar. 23, 2006 (Notes on File with the ACLU National Prison Project). 61 Interview with Gedra Payne Robinson, Mar. 31, 2006 (Notes on File with the ACLU National Prison Project). 62 Interview with William Hardeman, June 23, 2006 (Notes on File with the ACLU National Prison Project). 63 Id. 64 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 65 Testimonial Provided by David Williams, Nov. 7, 2005 (Original on File with the ACLU National Prison Project). 66 Testimonial Provided by Inmate #167, Oct. 13, 2005 (Original on File with the ACLU National Prison Project). 67 Interview with Albert G. Couvillion, June 3, 2006 (Notes on File with the ACLU National Prison Project); Testimonial Provided by Albert G. Couvillion,
Oct. 30, 2005 (Original on File with the ACLU National Prison Project). 68 Testimonial Provided by Inmate #205, Oct. 23, 2005 (Original on File with the ACLU National Prison Project). 69 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 70 Interview with Rhonda Ducre, Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 71 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 72 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 73 Id. 74 Id. 75 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project); Interview with T.D., Mar. 17, 2006 (Notes on File with the
ACLU National Prison Project). 76 Testimonial Provided by Inmate #1203, Apr. 4, 2006 (Original on File with the ACLU National Prison Project). 77 Testimonial Provided by Inmate #1229, Apr. 23, 2006 (Original on File with the ACLU National Prison Project). 78 E-Mail from Brady Richard, Former Medical Supply Officer to Katie Schwartzmann, ACLU of Louisiana, June 28, 2006 (E-Mail on File with the ACLU
National Prison Project). 79 Testimonial Provided by Inmate #53, Oct. 28, 2005 (Original on File with the ACLU National Prison Project). 80 Testimonial Provided by Inmate #229, Oct. 23, 2005 (Original on File with the ACLU National Prison Project). 81 Testimonial Provided by Inmate #262, Oct. 13, 2005 (Original on File with the ACLU National Prison Project). 82 Testimonial Provided by Inmate #189, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 83 Letter from Keanna Herbert to Eric Balaban, ACLU National Prison Project (Apr. 5, 2006) (Original on File with the ACLU National Prison Project). 84 Orleans Parish Criminal Sheriff’s Office Hurricane/Flood Contingency Plan (unsigned) (undated), available at
http://www.aclu.org/prison/conditions/22359lgl20050921.html. 85 Richard A. Webster, OPP Doc Recounts Heroic Experience,” NEW ORLEANS CITYBUSINESS, Apr. 3, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15189. 86 El-Sadr W, Neaton J. Episodic CD4-guided use of ART is inferior to continuous therapy: Results of the SMART Study. 13th Conference on Retroviruses and
Opportunistic Infections; February 5-8, 2006; Denver, CO. Abstract 106LB; Danel C, Moh R, Sorho S, et al. The CD4-guided strategy arm stopped in a ran-
domized structured treatment interruption trial in West-Africa Adults: ANRS 1269 Trivacan Trial. 13th Conference on Retroviruses and Opportunistic Infec-
tions; February 5-8, 2006; Denver, CO. Abstract 105LB 87 National Commission on Correctional Healthcare, Administrative Management of HIV in Correctional Institutions, Position Statements, October 9, 2005. 88 Letter from Keanna Herbert to Eric Balaban, ACLU National Prison Project, Nov. 15, 2005 (Original on File with the ACLU National Prison Project). 89 Letter from Keanna Herbert to Eric Balaban, ACLU National Prison Project, Apr. 5, 2006 (Original on File with the ACLU National Prison Project). 90 Testimonial Provided by Inmate #975, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 91 Testimonial Provided by Inmate #975, Oct. 14, 2005 (Original on File with the ACLU National Prison Project).

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92 Michelle Gaseau, Corrections Emerges Strong Following Katrina, CORRECTIONS.COM, Sept. 12, 2005. 93 Testimonial Provided by Inmate #152, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 94 Testimonial Provided by Inmate #584, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 95 Testimonial Provided by Inmate #584, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 96 Interview with K.P., May 30, 2006 (Notes on File with the ACLU National Prison Project). 97 Id. 98 Testimonial Provided by Inmate #219, Oct. 22, 2005 (Original on File with the ACLU National Prison Project). 99 Testimonial Provided by Inmate #20, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 100 Testimonial Provided by Inmate #356, Jan. 22, 2006 (Original on File with the ACLU National Prison Project). 101 Testimonial Provided by Inmate #123, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 102 Testimonial Provided by Inmate #98, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 103 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 104 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
File with the ACLU National Prison Project). 105 Testimonial Provided by Inmate #118, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 106 Interview with Inmate #141, April 11, 2006 (Notes on File with the ACLU National Prison Project). 107 Richard A. Webster, OPP Doc Recounts Heroic Experience, New Orleans CityBusiness, Apr. 3, 2006, available at http://www.neworleanscitybusiness.com/view-
Story.cfm?recID=15189. 108 Testimonial Provided by Inmate #38, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 109 Testimonial Provided by Inmate #1070, undated (Original on File with the ACLU National Prison Project). 110 Letter from Inmate #1070 to Eric Balaban, ACLU National Prison Project, Feb. 20, 2006 (Original on File with the ACLU National Prison Project). 111 Testimonial Provided by Inmate #1108, Mar. 31, 2006 (Original on File with the ACLU National Prison Project). 112 Michael Perlstein, Grave Concern, THE TIMES-PICAYUNE (New Orleans), Mar. 12, 2006, available at http://www.nola.com/news/t-
p/frontpage/index.ssf?/base/news-5/1142150950104380.xml. 113 Interview with C. Gary Wainwright, Dec. 21, 2005 (Notes on File with the ACLU National Prison Project). 114 Id.; see also Michael Perlstein, Grave Concern, THE TIMES-PICAYUNE (New Orleans), Mar. 12, 2006, available at http://www.nola.com/news/t-
p/frontpage/index.ssf?/base/news-5/1142150950104380.xml. 115 Id. 116 Michael Perlstein, Grave Concern, THE TIMES-PICAYUNE (New Orleans), Mar. 12, 2006, available at http://www.nola.com/news/t-
p/frontpage/index.ssf?/base/news-5/1142150950104380.xml. 117 Id. 118 Interview with C. Gary Wainwright, Dec. 21, 2005 (Notes on File with the ACLU National Prison Project). 119 Id. 120 Id. 121 Id. 122 Michael Perlstein, Grave Concern, THE TIMES-PICAYUNE (New Orleans), Mar. 12, 2006, available at http://www.nola.com/news/t-
p/frontpage/index.ssf?/base/news-5/1142150950104380.xml. 123 Id. 124 Letter from Inmate #903 to Tom-Tsvi M. Jawetz, ACLU National Prison Project, Apr. 29, 2006 (Original on File with the ACLU National Prison Project). 125 Michael Perlstein, Grave Concern, THE TIMES-PICAYUNE (New Orleans), Mar. 12, 2006, available at http://www.nola.com/news/t-
p/frontpage/index.ssf?/base/news-5/1142150950104380.xml. 126 Id. 127 Id. 128 Id. 129 Id. 130 Id. 131 Testimonial Provided by Inmate #11, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 132 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 133 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 134 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
File with the ACLU National Prison Project). 135 Testimonial Provided by Inmate #1192, Oct. 21, 2005 (Original on File with the ACLU National Prison Project). 136 Testimonial Provided by Inmate #87, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 137 Testimonial Provided by Pearl Cornelia Bland, Sep. 22, 2005 (Original on File with the ACLU National Prison Project). Ms. Bland’s account is corroborated
by other female prisoners in Conchetta 3-1, one of whom was interviewed several months after the storm. She reports that Ms. Bland was jumped by other
female prisoners, and that a deputy closed the door and refused to assist Ms. Bland as she was being assaulted. According to this witness, one deputy said some-
thing like “let them fuck that whore up.” Interview with Inmate A.K., Oct. 28, 2005 (Notes on File with the ACLU National Prison Project). Another woman
states that “[m]ost of the Deputies and the nurse were in the back room, they didn’t even come out when fights started to break out. [T]hey had the door open for
us to try to get air but when the fights started one of Deputies closed the door and said let them fight.” Testimonial Provided by Inmate #342, Oct. 24, 2005 (Origi-
nal on File with the ACLU National Prison Project). 138 Testimonial Provided by Pearl Cornelia Bland, Sep. 22, 2005 (Original on File with the ACLU National Prison Project). 139 Letter from Pearl Cornelia Bland, to Elizabeth Alexander, Director, ACLU National Prison Project (June 5, 2006) (Original on File with the ACLU
National Prison Project). 140Information about Ms. Bland’s incarceration was obtained with the assistance of Katherine Mattes. 141 Testimonial Provided by Inmate #78, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 142 Testimonial Provided by Inmate #96, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 143 U.S. Department of Justice-Bureau of Justice Statistics, Sexual Violence Reported by Correctional Authorities 2004, July 2005; as cited by Supplementary Report
to the Findings of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina From the Office of Cynthia A. McKin-
ney (GA) United States House of Representatives Submitted Monday, February 6, 2006. 144 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 145 Testimonial Provided by Inmate #125, Oct. 14, 2005 (Original on File with the ACLU National Prison Project).
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146 Testimonial Provided by Inmate #23, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 147 Testimonial Provided by Inmate #64, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 148 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005. 149 Testimonial Provided by Inmate #189, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 150 Testimonial Provided by Inmate #553, Nov. 5, 2005 (Original on File with the ACLU National Prison Project). 151 Testimonial Provided by Inmate #839, Oct. 21, 2005 (Original on File with the ACLU National Prison Project). 152 Declaration of Quantonio Williams (undated). 153 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 154 Testimonial Provided by Inmate #790, Oct. 27, 2005 (Original on File with the ACLU National Prison Project). 155 Testimonial Provided by Inmate #839, Oct. 21, 2005 (Original on File with the ACLU National Prison Project). 156 Interview with Leroy P. Gardner, III, June 7, 2006 (Notes on File with the ACLU National Prison Project); Testimonial Provided by Leroy P. Gardner, III,
Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 157 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 158 Id. 159 Testimonial Provided by Inmate #121, Oct. 15, 2005 (Original on File with the ACLU National Prison Project). 160 Testimonial Provided by Inmate #231, Oct. 22, 2005 (Original on File with the ACLU National Prison Project). 161 Testimonial Provided by Darnell Smith, Oct. 15, 2005 (Original on File with the ACLU National Prison Project). 162 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 163 Id. 164 Testimonial Provided by Inmate #98, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 165 Testimonial Provided by Inmate #123, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 166 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
File with the ACLU National Prison Project). 167 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 168 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success, NEW ORLEANS CITYBUSINESS, Feb. 20, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 169Testimonial Provided by Inmate #44, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 170Mira Oberman, Prisoners Fell on Barbed Wire in Deperate [sic] Bid to Find Water, AGENCE FRANCE PRESSE, Sept. 3, 2005. 171 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 172 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 173 Interview with C.F., Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 174 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005. 175 Testimonial Provided by Inmate #77, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 176 Testimonial Provided by Inmate #162, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 177 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005. 178 Richard Webster, Caught Off-Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006. 179 Amnesty International, United States of America: Excessive and Lethal Force? Amnesty International’s Concerns About Deaths and Ill-Treatment Involving Police
Use of Tasers, Nov. 30, 2004, 22-25, available at http://web.amnesty.org/library/index/engamr511392004. 180 Id. at 60-61. 181Amnesty International, Amnesty International’s Continuing Concerns About Taser Use, Mar. 28, 2006, available at http://www.amnestyusa.org/countries/usa/docu-
ment.do?id=ENGAMR510302006. 182 Kevin Johnson, Justice Department Looks into Deaths of People Subdued By Stun Guns, USA TODAY, June 13, 2006, available at
http://www.usatoday.com/news/washington/2006-06-13-stun-guns_x.htm. 183 Amnesty International, United States of America: Excessive and Lethal Force? Amnesty International’s Concerns About Deaths and Ill-Treatment Involving Police
Use of Tasers, Nov. 30, 2004, 57 n.144, available at http://web.amnesty.org/library/index/engamr511392004. 184 For example, the Indianapolis Police Department reportedly uses Tasers against blacks and Hispanics “at a far higher rate” than it does against whites.
Richard D. Walton and Mark Nichols, 50,000 Volts of Controversy, THE INDIANAPOLIS STAR, June 23, 2006, available at
http://www.indystar.com/apps/pbcs.dll/article?AID=/20060623/NEWS01/306230005/-1/ZONES04. The racial disparity was similar for the Marion County
Sheriff’s Department. Id. 185 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 186 Id. 187 Testimonial Provided by Inmate #64, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 188 Testimonial Provided by Inmate #71, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 189 Testimonial Provided by Inmate #144, Oct. 27, 2005 (Original on File with the ACLU National Prison Project). 190 Testimonial Provided by Inmate #92, undated (Original on File with the ACLU National Prison Project). 191 Testimonial Provided by Inmate #56, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 192 Interview with Renard Reed, June 22, 2006 (Notes on File with the ACLU National Prison Project); Interview with Renard Reed, June 20, 2006 (Notes on
File with the ACLU National Prison Project). 193 Testimonial Provided by Inmate #111, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 194 Testimonial Provided by Inmate #55, Oct. 29, 2005 (Original on File with the ACLU National Prison Project).
Section IV
1 Testimonial Provided by Inmate #181, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 2 NIC Technical Assistance Report at 15. 3 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina, New Orleans Tribune, Feb./Mar. 2006, 24. A report
issued by the Louisiana Department of Public Safety and Corrections also indicates that Sheriff Gusman called the state for assistance late Monday. See
Louisiana Department of Public Safety and Corrections, Corrections Services, Hurricane Katrina /Hurricane Rita Activity Report, Mar. 21, 2006, available at
http://www.marlingusman.com/KATRINA1%20RITA%20ACTIVITY%20REPORT.htm. 4 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005.

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5 Id. at 3. 6 NIC Technical Assistance Report at 15. 7 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 8 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, 18, available at http://jjpl.org/PDF/treated_like_trash.pdf. 9 Interview with R.P., May 12, 2006 (Notes on File with the ACLU National Prison Project). 10 Interview with Duane Lewis, June 23, 2006 (Notes on File with the ACLU National Prison Project). 11 Michael Perlstein, 14 Orleans Inmates Escaped After Katrina, THE TIMES-PICAYUNE (New Orleans), Nov. 18, 2005, available at http://www.nola.com/weblogs/print.ssf?/mtlogs/nola_Times-Picayune/archives/print094805.html. 12 Id. St. Bernard Parish Sheriff Jack Stephens later took responsibility for what happened to the St. Bernard Parish prisoners at OPP, including the escape of some of those prisoners. Sheriff Stephens explained: “Obviously, there was some confusion right after the storm, and we were in somebody else’s jail, but those are still our inmates and they’re still our responsibility.” Michael Perlstein, Inmate Says Jail Escape Was “Survival”: Fear of New Charges Keeps Him On the Lam, THE TIMES-PICAYUNE (New Orleans), Nov. 23, 2005. 13 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 14 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 15 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 16 Id. 17 Interview with Joyce Gilson, June 4, 2006 (Notes on File with the ACLU National Prison Project). 18 Interview with Ronnie Lee Morgan, Jr., June 5, 2006 (Notes on File with the ACLU National Prison Project) 19 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE, Sept. 23, 2005. 20 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina, NEW ORLEANS TRIBUNE, Feb./Mar. 2006, 24. 21 Michael Perlstein, Prison Became Island of Fear and Frustration, THE TIMES-PICAYUNE (New Orleans), Sept. 23, 2005. 22 Testimonial Provided by Inmate #241, Oct. 23, 2005 (Original on File with the ACLU National Prison Project). 23 Interview with JoAnn Bailey Wilson, Mar. 24, 2006 (Notes on File with the ACLU National Prison Project). 24 Testimonial Provided by Inmate #153, Oct. 22, 2005 (Original on File with the ACLU National Prison Project). 25 Testimonial Provided by Inmate #596, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 26 Testimonial Provided by Inmate #27, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 27 Testimonial Provided by Inmate #187, Oct. 23, 2005 (Original on File with the ACLU National Prison Project). 28 Testimonial Provided by Inmate #227, Oct. 21, 2005 (Original on File with the ACLU National Prison Project). 29 Testimonial Provided by Inmate #59, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 30 Testimonial Provided by Inmate #266, Oct. 25, 2005 (Original on File with the ACLU National Prison Project). 31 Testimonial Provided by Inmate #93, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 32 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina,” NEW ORLEANS TRIBUNE, Feb./Mar. 2006, 24. 33 Agence France Presse, Sheriff’s Deputy Tells How Prisoners Fell onto Barbed Wire, Sept. 4, 2005. 34 Richard Liebson, New Orleans Jail Rescue Began in White Plains, THE JOURNAL NEWS (White Plains), Sept. 9, 2005. 35 Interview with Corey Stevenson, June 7, 2006 (Notes on File with the ACLU National Prison Project). 36 Testimonial Provided by Inmate #98, Oct. 19, 2005 (Original on File with the ACLU National Prison Project); Testimonial Provided by Inmate #524, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 37 Michael Perlstein and Gordon Russell, Orleans Criminal Sheriff’s Race Gets Nasty, THE TIMES-PICAYUNE (New Orleans), Apt. 18, 2006. 38 Interview with Inmate #524, July 7, 2006 (Notes on File with the ACLU National Prison Project). 39 Associated Press, Katrina Victim Found in New Orleans House, May 28, 2006. 40 Press Release, Roster of Missing Loved Ones Now Fewer Than 300, FEMA, May 18, 2006, available at http://www.fema.gov/news/newsrelease.fema?id=26341. 41 Chicago Tribune, 49 Katirna Bodies Remain Unidentified, July 6, 2006, available at 2006 WLNR 11643743.
Section V
1 Testimonial Provided by Inmate #24, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 2 Testimonial Provided by Inmate #251, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 3 Testimonial Provided by Inmate #160, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 4 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 5 Interview with Inmate #285, Mar. 31, 2006 (Notes on File with the ACLU National Prison Project). 6 Testimonial Provided by Inmate #11, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 7 Interview with T.D., Mar. 17, 2006 (Notes on File with the ACLU National Prison Project). 8 Testimonial Provided by Inmate #56, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 9 Testimonial Provided by Inmate #111, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 10 Testimonial Provided by Inmate #227, Oct. 21, 2005 (Original on File with the ACLU National Prison Project). 11 George J. Tanber, Arrested on Misdemeanors, Left to Die in Flooded Jail, THE TOLEDO BLADE, Sept. 23, 2005. 12 Id. 13 Testimonial Provided by Inmate #305, Oct. 20, 2005 (Original on File with the ACLU National Prison Project). 14 Testimonial Provided by Inmate #711, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 15 Testimonial Provided by Inmate #145, Oct. 24, 2005 (Original on File with the ACLU National Prison Project). 16 Testimonial Provided by Inmate #302, Oct. 19, 2005 (Original on File with the ACLU National Prison Project).
Section VI
1 The LCAC Analysis. As noted above, the Sheriff’s figures appear to double-count some children, and thus do not appear to be entirely accurate. 2 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, Foreword, available at http://jjpl.org/PDF/treated_like_trash.pdf. 3 Editorial, Housing Juveniles with Prisoners is Criminal, NEW ORLEANS CITYBUSINESS, May 8, 2006.
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4 Id. 5 Transcript of CNN Coverage of Press Conference, Aug. 28, 2005, available at: http://transcripts.cnn.com/TRANSCRIPTS/0508/28/bn.04.html. 6 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, 13, available
at http://jjpl.org/PDF/treated_like_trash.pdf. 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. 13 Id. 14 Id. 15 Id. at 15. 16 Id. 17 Id. 18 Id. 19 Id. 20 Interview with Ashley George, June 20, 2006 (Notes on File with the ACLU National Prison Project); Interview with Ashley George, Mar. 1, 2006 (Notes on
File with the ACLU National Prison Project). 21 Interview with Ruby Ann George, June 20, 2006 (Notes on File with the ACLU National Prison Project). 22 Juvenile Justice Project of Louisiana, Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, May 2006, 15, available
at http://jjpl.org/PDF/treated_like_trash.pdf. 23 Id. 24Id. 25 Id. 26 Id. 27 Id. at 15-16. 28 Id. at 16. 29 Id. 30 Id. 31 Id. 32 Id. 33 Id. 34 Id. 35 Id. 36 Id. at 17. 37 Id. 38 Id. 39 Id. 40 Id. 41 Id. 42 Id. 43 Id. 44 Id. at 18. 45 Id. 46 Id. 47 Id. 48 Id. at 19. 49 Id. 50 Id. 51 Id. 52 Id. 53 Id. 54 Id. 55 Id. 56 Id. 57 Id. 58 Id. at 19-20. 59 Id. at 20. 60 Richard A. Webster, Juveniles Claim They Were Treated Like “Trash” at OPP, NEW ORLEANS CITYBUSINESS, May 10, 2006. 61 Id. 62 Id. 63 Id.
Section VII
1 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success, New Orleans CityBusiness, Feb. 20, 2006, available at
http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 2 U.S. Department of Justice, National Institute of Corrections, A Guide to Preparing for and Responding to Prison Emergencies, June 2005, at 211, available at
http://www.nicic.org/. 3 Richard Webster, Caught Off Guard: OPP Deputies Blame Sheriff for Hurricane Crisis, NEW ORLEANS CITYBUSINESS, Mar. 27, 2006, available at

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http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15123. 4 Compiled from Times Wires, Allegations of Neglect at Jail are “Fiction,” Sheriff Says, ST. PETERSBURG TIMES, Oct. 6, 2005. 5 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success, NEW ORLEANS CITYBUSINESS, Feb. 20, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 6 Staff Reports, Breaking News from The Times-Picayune and Nola.com Hurricane Katrina - the Aftermath, THE TIMES-PICAYUNE (New Orleans), Sept. 3, 2005. 7 Michael Perlstein, 14 Escaped Prison in Katrina Chaos: Gusman Initially Claims All Accounted For, THE TIMES-PICAYUNE (New Orleans), Nov. 19, 2005, available at http://www.nola.com/frontpage/t-p/index.ssf?/base/news-4/113238584235800.xml 8 Id. 9 Testimonial Provided by Leroy P. Gardner, III, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 10 Id. 11 Michael Perlstein, Inmate Says Jail Escape Was “Survival”: Fear of New Charges Keeps Him On the Lam, THE TIMES-PICAYUNE (New Orleans), Nov. 23, 2005. 12 See, e.g., [PRISONACT] Fwd: LEFT IN ORLEANS PARISH PRISON—2 Articles about Hurricane Katrina and OPP, available at http://www.prisonactivist.org/pipermail/prisonact-list/2005-September/010203.html. 13 Michael Perlstein, Inmate Says Jail Escape Was “Survival”: Fear of New Charges Keeps Him On the Lam, THE TIMES-PICAYUNE (New Orleans), Nov. 23, 2005. 14 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina,” NEW ORLEANS TRIBUNE, Feb./Mar. 2006, 24. 15 Radio Spot 2, http://www.marlingusman.com/index.html (last visited Apr. 20, 2006). 16 Jason Brown and Kayla Gagnet, Prisoners of the Storm, THE DAILY ADVERTISER, Dec. 18, 2005, available at http://acadiananow.com/apps/pbcs.dll/article?AID=/20051218/NEWS01/512180326/1002. 17 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success, NEW ORLEANS CITYBUSINESS, Feb. 20, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 18 Rene Lapeyrolerie, What Really Happened At Orleans Parish Prison in the Aftermath of Hurricane Katrina, NEW ORLEANS TRIBUNE, Feb./Mar. 2006, 24. 19 Id. 20 Richard Webster, Jail Tales: Sheriff Gusman, Prisoners Differ on Storm Evacuation Success,” NEW ORLEANS CITYBUSINESS, Feb. 20, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14735. 21 Id. 22 Interview with Rhonda Ducre, Mar. 15, 2006 (Notes on File with the ACLU National Prison Project). 23 The statement of Rachel I. Jones is available in the Appendix.
Section VIII
1 Testimonial Provided by Inmate #251, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 2 Testimonial Provided by Inmate #251, Oct. 12, 2005 (Original on File with the ACLU National Prison Project). 3 Testimonial Provided by Inmate #112, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 4 Testimonial Provided by Inmate #230, Oct. 18, 2005 (Original on File with the ACLU National Prison Project). 5 Testimonial Provided by Inmate #111, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 6 Id. 7 Interview with Ronnie Lee Morgan, Jr., June 5, 2006 (Notes on File with the ACLU National Prison Project); Interview with Ronnie Lee Morgan, Jr., May 15, 2006 (Notes on File with the ACLU National Prison Project); Letter from Inmate Ronnie Lee Morgan, Jr. to Whom It May Concern (Nov. 10, 2005) (Original on File with the ACLU National Prison Project). 8 Testimonial Provided by Inmate #120, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 9 Testimonial Provided by Inmate #118, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 10 Interview with R.C., Apr. 26, 2006 (Notes on File with the ACLU National Prison Project). 11 NIC Technical Assistance Report at 23. 12 Testimonial Provided by Inmate #64, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 13 Testimonial Provided by Inmate #561, Nov. 9, 2005 (Original on File with the ACLU National Prison Project). 14 Jason Brown and Kayla Gagnet, Prisoners of the Storm, THE DAILY ADVERTISER, Dec. 18, 2005, available at http://acadiananow.com/apps/pbcs.dll/article?AID=/20051218/NEWS01/512180326/1002. 15 Id. 16 Testimonial Provided by Inmate #113, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 17 Testimonial Provided by Inmate #168, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 18 Testimonial Provided by Inmate #621, Oct. 18, 2005 (Original on File with the ACLU National Prison Project). 19 Testimonial Provided by Inmate #121, Oct. 15, 2005 (Original on File with the ACLU National Prison Project). 20 Testimonial Provided by Inmate #113, Oct. 16, 2005 (Original on File with the ACLU National Prison Project). 21 Jason Brown and Kayla Gagnet, Prisoners of the Storm, THE DAILY ADVERTISER, Dec. 18, 2005, available at http://acadiananow.com/apps/pbcs.dll/article?AID=/20051218/NEWS01/512180326/1002. 22 Id. 24 Testimonial Provided by Inmate #121, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 25 NIC Technical Assistance Report at 23. 26 Testimonial Provided by Inmate #361, Oct. 26, 2005 (Original on File with the ACLU National Prison Project). 27 Richard A. Webster, OPP Doc Recounts Heroic Experience, NEW ORLEANS CITYBUSINESS, Apr. 3, 2006, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=15189. 28 Interview with C.N., May 12, 2006 (Notes on File with the ACLU National Prison Project). 29 Testimonial Provided by Inmate #95, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 30 George J. Tanber, Arrested on Misdemeanors, Left to Die in Flooded Jail, THE TOLEDO BLADE, Sept. 23, 2005. 31 Testimonial Provided by Inmate #102, Oct. 14, 2005 (Original on File with the ACLU National Prison Project). 32 Testimonial Provided by Inmate #263, Oct. 13, 2005 (Original on File with the ACLU National Prison Project). 33 Testimonial Provided by Inmate #574, Nov. 6, 2005 (Original on File with the ACLU National Prison Project). 34 Don Walker, Inmate Evacuees Arrive in Area: All of the Prisoners are in the Minimum- to Maximum-Security Category, THE SHREVEPORT TIMES, Sept. 2, 2005, available at http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20050902/NEWS01/509020357/1002/NEWS. 35 Matthew Crawford, Facility of the Month: Bossier Parish Maximum Security Jail, CORRECTIONALNEWS.COM, May/June 2006, available at http://correctionalnews.com/ME2/Audiences/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE895F87F791&tier
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=4&id=1D049DF8798C4158B10087CB4992EA27. 36 Id. 37 Id. 38 Id. 39 U.S. Census Bureau, Census 2000 Demographic Profile Highlights, available at
http://factfinder.census.gov/servlet/SAFFFacts?_event=&geo_id=16000US2208920&_geoContext=01000US%7C04000US22%7C16000US2208920&_street=&
_county=bossier+city&_cityTown=bossier+city&_state=&_zip=&_lang=en&_sse=on&ActiveGeoDiv=&_useEV=&pctxt=fph&pgsl=160&_submenuId=popula-
tion_0&ds_name=null&_ci_nbr=null&qr_name=null&reg=null%3Anull&_keyword=&_industry=. 40 Testimonial Provided by Inmate #83, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 41 Testimonial Provided by Timothy Ordon, Nov. 7, 2005 (Original on File with the ACLU National Prison Project); Letter from Timothy Ordon to Tom M.
Jawetz, ACLU National Prison Project (May 10, 2006) (Original on File with the ACLU National Prison Project). 42 Testimonial Provided by Inmate #555, Nov. 5, 2005 (Original on File with the ACLU National Prison Project). 43 Interview with Ivy R. Gisclair, June 14, 2006 (Notes on File with the ACLU National Prison Project). 44 Testimonial Provided by Inmate #574, Nov. 6, 2005 (Original on File with the ACLU National Prison Project). 45 Testimonial Provided by Inmate #50, Oct. 30, 2005 (Original on File with the ACLU National Prison Project). 46 Testimonial Provided by Inmate #114, Oct. 17, 2005 (Original on File with the ACLU National Prison Project). 47 Id. 48 Interview with Vincent Norman, July 10, 2006 (Notes on File with the ACLU National Prison Project); Interview with Vincent Norman, July 7, 2006
(Notes on File with the ACLU National Prison Project); Testimonial Provided by Vincent Norman, Oct. 13, 2005 (Original on File with the ACLU National
Prison Project). 49 Testimonial Provided by Inmate #103, Oct. 11, 2005 (Original on File with the ACLU National Prison Project). 50 Interview with Inmate #13, May 16, 2006 (Notes from Conversation on File with the ACLU National Prison Project). 51 Id. 52 Fox Butterfield, Settling Suit, Louisiana Abandons Private Youth Prisons, THE NEW YORK TIMES, Sept. 8, 2000; Vicki Ferstel, Last Juveniles to Leave Jena,
BATON ROUGE ADVOCATE, May 16, 2000. 53 David Rohde and Christopher Drew, Storm and Crisis: The Inmates; Prisoners Evacuated After Hurricane Allege Abuse, THE NEW YORK TIMES, Oct. 2, 2005. 54 Statement of Keith M. Dillon, May 28, 2006 (Copy on File with the ACLU National Prison Project). 55 Statement of Rachel I. Jones, Sept. 30, 2005, at 4. 56Id. at 4-5. 57 Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. AND HUMAN RIGHTS WATCH,
Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 58 Id. 59 Id. 60 Id. 61 Id. 62 Statement of Rachel I. Jones, Sept. 30, 2005, at 8; Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCA-
TIONAL FUND, INC. AND HUMAN RIGHTS WATCH, Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 63 Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. AND HUMAN RIGHTS WATCH,
Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 64 Statement of Keith M. Dillon, May 28, 2006 (Copy on File with the ACLU National Prison Project). 65 Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. AND HUMAN RIGHTS WATCH,
Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 66 Id. 67 Interview by Vanita Gupta, LDF Attorney, with prisoners at the Jena Facility, Louisiana, October 4, 2005. 68 David Rohde and Christopher Drew, Prisoners Evacuated After Hurricanes Allege Abuse, THE NEW YORK TIMES, Oct. 2, 2005. The Statement of Rachel I.
Jones, has been attached to the Appendix at ___. The names of the prisoners with whom she spoke have been removed for their protection. 69 Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. AND HUMAN RIGHTS WATCH,
Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 70 David Rohde and Christopher Drew, Prisoners Evacuated After Hurricanes Allege Abuse, THE NEW YORK TIMES, Oct. 2, 2005; Henry Weinstein, A Shattered
Gulf Coast; Evacuated Inmates at One Prison Allege Abuse by Guards, THE LOS ANGELES TIMES, Oct. 2, 2005. 71 Press Release, Louisiana: Detainee Abuse Requires Federal Probe, NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. AND HUMAN RIGHTS WATCH,
Oct. 5, 2005, available at http://www.naacpldf.org/content.aspx?article=696. 72 Letter from Jamie Fellner, Human Rights Watch, to Secretary Richard L. Stalder, Louisiana Department of Public Safety and Corrections, Oct. 2, 2005,
available at http://hrw.org/english/docs/2005/10/03/usdom11821.htm. 73 NIC Technical Assistance Report at 30. 74 The women who were held at Angola were generally far more pleased than the women who were held at the Louisiana Correctional Institute for Women
(“LCIW”). According to the DOC technical assistance report, female evacuees who were still at LCIW at the end of January 2006 “complained about being kept
on 23 hour lock-down for months, . . . long delays in getting medication, no distribution of clothes given to the resident population, sleeping on the floor for the first
three months and a continuing lack of access to phones and a continuing prohibition against family visiting.” NIC Technical Assistance Report at 28. These com-
plaints were, in large part, confirmed by LCIW staff, who subsequently decided—over five months after the storm—to permit evacuees to visit with family mem-
bers and use the telephones. Id. at 28-29. 75 Testimonial Provided by Inmate #374, undated (Original on File with the ACLU National Prison Project). 76 Testimonial Provided by Inmate #573, Oct. 26, 2005 (Original on File with the ACLU National Prison Project). 77 Testimonial Provided by Inmate #581, Oct. 19, 2005 (Original on File with the ACLU National Prison Project). 78 Testimonial Provided by Inmate #1226, May 8, 2006 (Original on File with the ACLU National Prison Project).
Section IX
1 Alex Berenson, With Jails Flooded, Bus Station Fills the Void, THE NEW YORK TIMES, Sept. 7, 2005. 2 Matthew Crawford, Recovery Zone: Orleans Parish Sheriff Shares His Experiences After Katrina, CORRECTIONALNEWS.COM, May/June 2006, available at
http://correctionalnews.com/ME2/Audiences/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE

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895F87F791&tier=4&id=3C4639CFDE1443D4B8BF8F1CDF028184. 3 Press Release, ACLU Urges New Orleans City Council to Review Conditions at Prison, AMERICAN CIVIL LIBERTIES UNION, Dec. 8, 2005, available at http://www.aclu.org/prison/gen/22370prs20051208.html; Press Release, ACLU Calls on New Orleans City Council to Hold Hearing on Plans to Re-Open Prison, AMERICAN CIVIL LIBERTIES UNION, Oct. 21, 2005, available at http://www.aclu.org/prison/conditions/21168lgl20051021.html. 4 Letter from Joe Cook, ACLU of Louisiana, to Council Member Oliver Thomas, Dec. 8, 2005, available at http://www.aclu.org/prison/conditions/22369lgl20051208.html. 5 State v. Peart, 621 So.2d 780 (La. 1993). 6 National Legal Aid & Defender Association, In Defense of Public Access to Justice: An Assessment of Trial-Level Indigent Defense Services in Louisiana 40 Years After Gideon (Mar. 2004), 56, available at http://www.nacdl.org/public.nsf/DefenseUpdates/Avoyelles. 7 State v. Citizen, 898 So. 2d 325, 339 (La. 2005). 8 Cf. Who Pays the Price for Orleans Parish’s Broken Indigent Defense System? A Summary of Investigative Findings, Safe Streets/Strong Communities, March 2006, available at http://www.lajusticecoalition.org/doc/SSSC-Orleans-Parish-Study.pdf. 9 Associated Press, Justice in New Orleans Still Recovering From Katrina, June 24, 2006, available at http://www.cnn.com/2006/LAW/06/22/nola.justice.ap/index.html. 10 Id. 11 Nicholas L. Chiarkis, D. Alan Henry, and Randolph N. Stone, An Assessment of the Immediate and Longer-Term Needs of the New Orleans Public Defender System, Apr. 10, 2006, 9, available at http://www.lajusticecoalition.org/doc/DOJ-Orleans-Parish-Study.pdf. 12 See Henry Weinstein, Evacuated Prisoners Are Captive to Legal Limbo, LOS ANGELES TIMES, Oct. 16, 2005. 13 Associated Press, New Orleans Holds First Trial Since Katrina, June 6, 2006, available at http://www.foxnews.com/story/0,2933,198328,00.html. See also Gwen Filosa, Inmates Ordered Freed at Prison; Nonviolent Suspects Clog Orleans Jail, THE TIMES-PICAYUNE (New Orleans), May 25, 2006, available at http://www.nola.com/frontpage/t-p/index.ssf?/base/news-5/114855328172910.xml. 14 Andrew Cohen, The Battle of New Orleans, CBS NEWS, May 25, 2006, available at http://www.cbsnews.com/stories/2006/05/25/opinion/courtwatch/main1654070.shtml. 15 See generally Students of the Domestic Disaster Practicum, Northwestern University School of Law: A Class Aimed At Exploring and Addressing the Social and Legal Consequences of Hurricane Katrina, Access Denied: Pre-Katrina Practices in Post-Katrina Magistrate and Municipal Courts, Apr. 2006, available at http://www.lajusticecoalition.org/doc/NU-Orleans-Parish-Study.pdf. 16 Gwen Filosa, Inmates Ordered Freed at Prison; Nonviolent Suspects Clog Orleans Jail, THE TIMES-PICAYUNE (New Orleans), May 25, 2006, available at http://www.nola.com/frontpage/t-p/index.ssf?/base/news-5/114855328172910.xml. 17 The Chief Judge’s order reads:
IT IS THE ORDER OF THIS COURT, that the Criminal Sheriff for the Parish of Orleans, release any and all inmates currently housed in Orleans Parish Prison who are charged with municipal and/or traffic violations. This order excludes persons charged with crimes against persons, including but not limited to domestic violence, battery and DWI. This order excludes inmates who have been sentenced.
IT IS FURTHER ORDERED that those persons eligible for release be released 72 hours AFTER receipt of this Order.
IT IS FURTHER ORDERED that the Criminal Sheriff serve any released defendant with a notice to appear in the appropriate court on the defendant’s next scheduled appearance date.
IT IS FURTER ORDERED that the Criminal Sheriff not detain persons charged with municipal and/or traffic offenses unless the charge is a violation as set out in the exclusion above.
This Order is to remain in effect until further order of this Court. Thus done and said in New Orleans, Louisiana this 17th day of May, 2006 /s Calvin Johnson, Chief Judge 18 Editorial, The Criminal Justice Mess, THE TIMES-PICAYUNE (New Orleans), May 29, 2006. 19 News Release, Rand Study Estimates New Orleans Population to Climb to About 272,000 in 2008, RAND CORPORATION, Mar. 15, 2006, available at http://www.rand.org/news/press.06/03.15.html. 20 Gwen Filosa, Inmates Ordered Freed at Prison; Nonviolent Suspects Clog Orleans Jail, THE TIMES-PICAYUNE (New Orleans), May 25, 2006, available at http://www.nola.com/frontpage/t-p/index.ssf?/base/news-5/114855328172910.xml. 21 NewsHour with Jim Lehrer, News Orleans Struggles to Rebuild Justice System after Hurricane Katrina, PBS, May 25, 2006, available at http://www.pbs.org/newshour/bb/law/jan-june06/neworleans_05-25.html. 22 Nicholas L. Chiarkis, D. Alan Henry, and Randolph N. Stone, An Assessment of the Immediate and Longer-Term Needs of the New Orleans Public Defender System, Apr. 10, 2006, 9, available at http://www.lajusticecoalition.org/doc/DOJ-Orleans-Parish-Study.pdf. 23 Letter from Eric Balaban, ACLU National Prison Project, to John Weeks and Allen Usry, Oct. 14, 2005. 24 Minute Entry, Hamilton v. Morial, No. 69-cv-2443, Chasez, M.J. Oct. 19, 2005. 25 Facsimile from John Weeks, to Eric Balaban, ACLU National Prison Project, Nov. 7, 2005. 26 Letter from John F. Weeks, II, Usry, Weeks & Matthews, to Eric Balaban, ACLU National Prison Project, Nov. 30, 2005 available at http://www.aclu.org/prison/conditions/22358lgl20051130.html. See also Richard A. Webster, N.O. Prison’s Future in Question, NEW ORLEANS CITYBUSINESS, Dec. 19, 2005, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14229. 27 Richard A. Webster, N.O. Prison’s Future in Question, NEW ORLEANS CITYBUSINESS, Dec. 19, 2005, available at http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14229. 28 Letter from Eric Balaban, ACLU National Prison Project, to John Weeks and Allen Usry, Oct. 14, 2005. 29 Letter from Marlin N. Gusman, Orleans Parish Criminal Sheriff, to Members of the New Orleans City Council, Nov. 10, 2005, available at http://www.aclu.org/prison/conditions/22357lgl20051110.html. 30 Interview with Anonymous Prisoner, Mar. 28, 2006 (Notes on File with Critical Resistance). 31 Interview with Inmate #1284, June 5, 2006 (Notes on File with the ACLU National Prison Project). 32 Interview with M.M., Mar. 28, 2006 (Notes on File with Safe Streets). 33 Orleans Parish Criminal Sheriff’s Office, Inmate’s Grievance Form (Form ARP-1), J.R., Apr. 27, 2006. 34 Orleans Parish Criminal Sheriff’s Office, Step One Response Form (Form ARP-2A), J.R., May 2, 2006. 35 La.C.Cr.P. Art. 648(A). 36 La.C.Cr.P. Art. 648(A)(2)(a) 37Id. 38 Gwen Filosa, Suspect Lost in Court System; Stuck for 10 Months, She Gets Out Today, THE TIMES-PICAYUNE (New Orleans), June 12, 2006, available at http://www.nacdl.org/public.nsf/defenseupdates/louisiana088. 39 Id.
107

40 Id. 41 Id. 42 See generally Letter from Marlin N. Gusman, Orleans Parish Criminal Sheriff, to Members of the New Orleans City Council, Nov. 10, 2005, available at
http://www.aclu.org/prison/conditions/22357lgl20051110.html 43 Id. 44See generally, Centers for Disease Control and Prevention, The CDC Mold Work Group, Mold: Prevention Strategies and Possible Health Effects in the After-
math of Hurricanes Katrina and Rita, Oct. 2005, available at http://www.bt.cdc.gov/disasters/mold/report/pdf/2005_moldreport.pdf. 45 Id. 46 Matthew Crawford, Recovery Zone: Orleans Parish Sheriff Shares His Experiences After Katrina, CORRECTIONALNEWS.COM, May/June 2006, available at
http://correctionalnews.com/ME2/Audiences/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18
BE895F87F791&tier=4&id=3C4639CFDE1443D4B8BF8F1CDF028184. 47 See generally, Centers for Disease Control and Prevention, The CDC Mold Work Group, Mold: Prevention Strategies and Possible Health Effects in the After-
math of Hurricanes Katrina and Rita, Oct. 2005, available at http://www.bt.cdc.gov/disasters/mold/report/pdf/2005_moldreport.pdf. 48 Exit Interview with A.P., Mar. 29, 2006 (Notes on File with Safe Streets). 49 Exit Interview with C.B., Mar. 28, 2006 (Notes on File with Safe Streets). 50 Letter from M.C. to Elizabeth Alexander, ACLU National Prison Project, Mar. 21, 2006 (Original on File with the ACLU National Prison Project). 51 Id. 52 Interview with Inmate #870, June 5, 2006 (Notes on File with the ACLU National Prison Project). 53 Id. 54 Interview with Inmate #1261, June 5, 2006 (Notes on File with the ACLU National Prison Project). 55 Id. 56 Interview with J.M., June 5, 2006 (Notes on File with the ACLU National Prison Project). 57 Exit Interview with F.S., Mar. 28, 2006 (Notes on File with Safe Streets); Exit Interview with N.H., Mar. 28, 2006 (Notes on File with Safe Streets). 58 Interview with Inmate #1261, June 5, 2006 (Notes on File with the ACLU National Prison Project). 59 Interview with Inmate #421, June 5, 2006 (Notes on File with the ACLU National Prison Project). 60 Interview with C.S., Mar. 29, 2006 (Notes on File with Safe Streets). 61 Interview with Inmate #399, June 5, 2006 (Notes on File with the ACLU National Prison Project). 62 Bob Ussery, Inmate’s Death Shocks Mom, Wife; 2 Weeks Pass Before They Learn He is Dead, THE TIMES-PICAYUNE (New Orleans), May 14, 2006, available at
http://www.nola.com/news/t-p/metro/index.ssf?/base/news-14/11475915953030.xml&coll=1. 63 Id. 64 Interview with T.H., June 7, 2006 (Notes on File with the ACLU National Prison Project). 65 Interview with T.M., June 7, 2006 (Notes on File with the ACLU National Prison Project). 66 Id. 67 Gwen Filosa, Judge Blasts Financing for Indigent Defense; Hearing Ordered to Discuss How Much N.O. Gets, THE TIMES-PICAYUNE (New Orleans), June 24,
2006, available at http://www.nola.com/crime/t-p/index.ssf?/base/news-6/1151131497226690.xml&coll=1. 68 Id.; see also Susan Finch, Prison Neighbors Want Tents Out, THE TIMES-PICAYUNE (New Orleans), Dec. 16, 1992. 69 Settlement Agreement, Hamilton v. Morial, Mar. 26, 2003. 70 NIC Technical Assistance Report at 56. 71 C.J. Schexnayder, What Price Incarceration?, GAMBIT WEEKLY, Nov. 19, 2002. 72 Barry Gerharz and Seung Hong, Down by Law: Orleans Parish Prison Before and After Katrina, DOLLARS & SENSE, Mar./Apr. 2006, available at
http://www.dollarsandsense.org/archives/2006/0306gerharzhong.html. 73 C.J. Schexnayder, What Price Incarceration?, GAMBIT WEEKLY, Nov. 19, 2002. 74 Christopher Cooper, Foti’s Wish Comes True: Prison Space for 7,140, THE TIMES-PICAYUNE (New Orleans), Oct. 20, 1993 A1. 75 Susan Finch, Orleans Sheriff Fires 73 to Even Budget; he Cites Revenue Drop from Fewer Prisoners, THE TIMES-PICAYUNE (New Orleans), Apr. 15, 2004. 76 Sheriff’s Ninth Motion for Jail Funding Judgment with Incorporated Memorandum, Hamilton v. Morial, Nov. 1, 2005 Ex. B. 77 Letter from Marlin N. Gusman, Orleans Parish Criminal Sheriff, to Members of the New Orleans City Council, Nov. 10, 2005, available at
http://www.aclu.org/prison/conditions/22357lgl20051110.html. 78 Id. 79 Barry Gerharz and Seung Hong, Down by Law: Orleans Parish Prison Before and After Katrina, DOLLARS & SENSE, Mar./Apr. 2006, available at
http://www.dollarsandsense.org/archives/2006/0306gerharzhong.html. 80 James Varney, Gusman Beats Riley in Criminal Sheriff Race; Heated Battle Grew Bitter Toward End, THE TIMES-PICAYUNE (New Orleans), Nov. 3, 2004. 81 Barry Gerharz and Seung Hong, Down by Law: Orleans Parish Prison Before and After Katrina, DOLLARS & SENSE, Mar./Apr. 2006, available at
http://www.dollarsandsense.org/archives/2006/0306gerharzhong.html. 82 Keith Woods and Susan Finch, Citizens Often Hire Inmates, THE TIMES-PICAYUNE (New Orleans), Jan. 25, 1989. 83 Leslie Williams, Inmates in Training Program Do Work on Judge’s Home, THE TIMES-PICAYUNE (New Orleans), July 12, 2006. 84 Dale Curry, Tilapia Serving Time; The Catch is More than Criminals at Orleans Parish Prison, THE TIMES-PICAYUNE (New Orleans), May 24, 2001. 85 Barry Gerharz and Seung Hong, Down by Law: Orleans Parish Prison Before and After Katrina, DOLLARS & SENSE, Mar./Apr. 2006, available at
http://www.dollarsandsense.org/archives/2006/0306gerharzhong.html. 86 See Affidavit of Katie Schwartzmann, Oct. 12, 2005.

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PA G E 110-117 118-122
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DOCUMENT
Sampling of redacted questionnaires completed by OPP evacuees and returned to the ACLU National Prison Project
Jeffrey A. Schwartz and David Webb, Hurricanes Katrina and Rita and the Louisiana Dept. of Public Safety and Corrections: A Chronicle and Critical Incident Review, An NIC Technical Assistance Report, Technical Assistance No. 06P1035 (May 10, 2006) Executive Summary
Notation from Allen Usry on Letter from Joe Cook to Sheriff Marlin Gusman, Requesting Documents Pursuant to Louisiana State Law (Sept. 21, 2005)
Orleans Parish Criminal Sheriff’s Office Hurricane/Flood Contingency Plan (unsigned) (undated)
Statement of Rachel I. Jones (Sept. 30, 2005)
Letter from John F. Weeks, II, Usry, Weeks & Matthews, to Eric Balaban, ACLU National Prison Project (Nov. 30, 2005)
Letter from Patricia Nally Bowers to Katie Schwartzmann, Denying Public Records Act Request for NIC Report and Contraflow Plan (June 29, 2006)

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 147 F.3d 367 (1998)
HAMILTON PLAINTIFFS, Plaintiffs-Appellants, v.
WILLIAMS PLAINTIFFS, Plaintiffs-Appellees, v.
Charles C. FOTI, Jr., Sheriff; City of New Orleans; State of Louisiana; Richard Stalder, Secretary; Mike Foster, Governor, State of Louisiana; Sixty-Four (64) Louisiana Sheriffs,
Defendants-Appellees.
No. 97-30486.
United States Court of Appeals, Fifth Circuit.
July 14, 1998. As Revised July 16, 1998.
368 *368 Ayesha Khan, National Prison Project, Washington, DC, for Hamilton Plaintiffs.
Keith Baker Nordyke, June E. Denlinger, Nordyke & Denlinger, Baton Rouge, LA, for Williams Plaintiffs.
T. Allen Usry, Usry & Weeks, Metairie, LA, for Foti and Sixty-Four Louisiana Sheriffs.
Annabelle H. Walker, New Orleans, LA, for City of New Orleans.
Patricia Nalley Bowers, Bowers & Bowers, New Orleans, LA, for State of Louisiana, Stalder and Foster.
Shannan Sweeney Rieger, Richard A. Curry, McGlinchey, Stafford & Lang, Baton Rouge, LA, William Lester Kline, LA Dept. of Public Safety, Baton Rouge, LA, for Stalder and Foster.
Before POLITZ, Chief Judge, and REYNALDO G. GARZA and DENNIS, Circuit Judges.
POLITZ, Chief Judge:
The Hamilton plaintiffs appeal the district court's order vacating and rescinding consent decrees setting inmate populations and guard-to-prisoner ratios at parish correctional facilities. For the reasons assigned, we dismiss this appeal for lack of jurisdiction.
BACKGROUND
For nearly three decades federal courts have been required to address problems in the operation of the Louisiana prison system. In 1969 a class action, Hamilton v. Schiro,[1] was filed in the Eastern District of Louisiana challenging conditions in the New Orleans Parish Prison. In April 1970, the trial court found that the prison conditions were unconstitutional and issued a remedial decree, including a prisoner population cap. Over the years, as new jails were built in Orleans Parish, the plaintiff class was expanded to include prisoners in the other facilities and population caps were set for same.
In 1971, four inmates in the Louisiana State Penitentiary at Angola filed suit in the Middle District of Louisiana, claiming that their conditions of confinement were unconstitutional. This action, Williams v. Edwards,[2] was treated as a de facto class action for both the inmates at Angola and the inmates housed in facilities operated by the State of Louisiana Department of Corrections.[3] In April 1975, the district court adopted a Special Master's report and found that the conditions of confinement violated the Constitution resulting in injunctive relief, including 369 a prisoner population cap. This *369 cap ultimately was imposed on all relevant facilities.

Thereafter, the DOC sought, pursuant to court order, the development of a comprehensive plan for bringing the state prison system into full compliance. Incident to that plan, the DOC secured the cooperation of the Louisiana parishes and cities to house inmates sentenced to state confinement to help alleviate overcrowded conditions in the state prison facilities. As state prisoner numbers increased in local jails, federal actions were filed, complaining of overcrowding. To avoid the spectre of inconsistent decrees, in Hamilton v. Morial,[4] we ordered that all federal litigation then pending or subsequently filed against state, parish or local prison facilities, relating directly or indirectly to inmate population issues, be consolidated in the Middle District of Louisiana. Thereafter, officials in charge of the many Louisiana state, parish, and city facilities entered into stipulations and consent decrees specifying, inter alia, population limits and officer-to-prisoner ratios. Since 1981, these facilities continuously have been under the judicial oversight of Judge Frank J. Polozola of the Middle District of Louisiana, and the population caps and officer-to-prisoner ratios have been revised as conditions warranted.
In March 1994, the State and the Sheriffs executed an agreement entitled "Basic Jail Guidelines" in their effort to ensure that the prison system in Louisiana would operate consistent with the Constitution and laws of the United States and of the State of Louisiana. On September 26, 1996, a Petition for Order Approving Settlement for Purpose of Terminating Consent Decrees was filed in the court a quo by class counsel for the Williams plaintiffs and counsel for the Governor and the Secretary of the DOC, seeking a final resolution of the litigation between them. The Petition Agreement stated that the Williams parties had agreed to the "dismissal of all consent decrees" for all state, parish, and city facilities housing DOC inmates, except the Louisiana State Penitentiary at Angola and specified juvenile detention facilities, effective April 1, 1997, and they requested the court's aid in effectuating their agreement. Included with the Petition Agreement was a letter from counsel for the Sheriffs, requesting that all consent decrees pertaining to parish facilities be vacated effective April 1, 1997. Following a hearing on September 26, 1996, the court approved the settlement and entered three orders consistent therewith. For ease of review, copies of these three orders are attached hereto as Exhibits B (state), C (parish), and D (city).
On October 23, 1996, the Hamilton plaintiffs filed a Motion to Reconsider and Vacate Orders of September 26th. The Hamilton plaintiffs contended that the issuance of the September 26th orders violated their fundamental rights to due process because they were not included in the negotiations resulting in the Petition Agreement and Sheriffs' Order, were not given notice of their filing, were not signatories thereto, and were not present when they were presented to and approved by the court. The Hamilton plaintiffs informed the court that they did not consent to the dismissal of the population cap consent decrees affecting the facilities covered by the Hamilton litigation, and did not authorize counsel for the plaintiffs to act as their counsel or to represent their interest. The State responded by moving dismissal of the Hamilton plaintiffs' motion because they were not parties to the suit in which the orders were entered.
The Hamilton plaintiffs responded, contending that they were parties and asking, in the alternative, that they be allowed to intervene. Judge Polozola denied both the State's motion to dismiss and the Hamilton plaintiffs' motion to reconsider. The Hamilton plaintiffs appealed this order and Sheriff Charles C. Foti of Orleans Parish moved to dismiss the appeal. We granted that motion.
On April 1, 1997 the district court entered an order finally releasing all state facilities, with the exception of five institutions including the Louisiana State Penitentiary at Angola, from further supervision and reporting requirements and, in doing so, noted that it earlier had released all parish and local facilities from further 370 supervision and reporting requirements. A copy of that order is attached *370 hereto as Exhibit E.[5] On April 30, 1997 the Hamilton plaintiffs filed a notice of appeal from the April 1, 1997 order. The Sheriffs seek dismissal of this appeal. That motion was ordered carried with the case and is thus outstanding.
ANALYSIS
Before addressing the merits of this appeal, we must first determine the threshold issue of our appellate jurisdiction, on our own motion, if necessary. The Sheriffs contend that this appeal involves a non-appealable interlocutory order of the district court. We cannot accept that contention.

The relevant statute, 28 U.S.C. § 1292(a)(1) provides that the courts of appeals shall have jurisdiction of appeals from "[i]nterlocutory orders of the district courts ... granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court." Consent decrees are "injunctions" within the meaning of section 1292(a)(1).[6] It is clear that the Hamilton plaintiffs challenge the order vacating the consent decrees affecting the Orleans Parish facilities. The parties dispute, however, whether the September 26, 1996 order or the April 1, 1997 order is the relevant, dispositive order. That relevant dispute aside for the moment, the challenged order explicitly dissolved injunctive relief by vacating the population cap consent decrees for the parish facilities. Accordingly, the order clearly is appealable under 28 U.S.C. § 1292(a)(1).
A close review of the record in this appeal, aided by the briefs and oral arguments of counsel, leads inexorably to the conclusion that the September 26th order is the dispositive order herein. It states, "IT IS ORDERED that each and every consent decree entered by this court pertaining to inmate population and guard-to-prisoner ratio at any facility operated by or under the authority of any Sheriff, appearing hereinbelow ... are hereby VACATED, RESCINDED and are without further effect as of April 1, 1997."[7] It cannot be gainsaid that this order vacates and rescinds the consent decrees effective April 1st; it is self-executing and does not merely await the entry of another order to be issued on April 1st.[8]
371 *371 The Hamilton plaintiffs did not timely appeal the September 26th order. The requirements of Rule 4 are both clear and mandatory.[9] An appellant has 30 days from the entry of a final judgment in which to appeal. On October 23, 1996, 27 days after the entry of the order vacating the population caps, the Hamilton plaintiffs filed a Motion to Reconsider and Vacate Orders of September 26th. This motion did not toll the time for filing a notice of appeal.[10] The Hamilton plaintiffs did not file a notice of appeal until December 20, 1996, almost three months after the entry of the September 26th orders. Thus, their appeal was untimely.[11]
Although the Hamilton plaintiffs filed a notice of appeal within 30 days after entry of the April 1st order, it is manifest that it is the September 26th order of which they complain. They cannot now revive an appeal of the earlier final order by appealing the April 1st decree.
This court lacks appellate jurisdiction and the appeal must be and is DISMISSED.
APPENDIX
EXHIBIT A
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HAYES WILLIAMS, ET AL
VERSUS
JOHN MCKEITHEN, ET AL
CIVIL ACTION NUMBER 71-98-B
May 27, 1993

ORDER
To avoid any confusion regarding the class represented by Keith B. Nordyke and June E. Denlinger, IT IS ORDERED that Keith B. Nordyke and June E. Denlinger shall be appointed to represent all Department of Corrections inmates wherever these inmates may be housed, including, but not limited to, inmates housed at state prisons, parish jails, state police barracks, city jails or lockups, detention centers and any other facility approved by this Court.
This order shall be sent to the Secretary of Corrections, each sheriff, through Allen Usury, Cyrus Greco, John Baker and Ross Maggio.
Baton Rouge, Louisiana, May 27, 1993.
/s/ Frank J. Polozola United States District Judge
372 *372 EXHIBIT B
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HAYES WILLIAMS, ET AL
VERSUS
JOHN J. MCKEITHEN, ET AL
CIVIL ACTION NO. 71-98-B
September 26, 1996
Order Approving Settlement
The parties have entered the attached Petition for Order Approving Settlement in order to resolve claims against the defendants in this action. Considering that agreement and considering the lengthy history of this litigation and of the duration of the Consent Decree, the Court finds that dismissal pursuant to the Petition for Order Approving Settlement within the time specified, as opposed to continuation of the decree for the full period prescribed in the recently enacted Prison Litigation Reform Act, is appropriate. The Court further finds that it is the responsibility of the executive officers of the State of Louisiana, specifically the Secretary of the DPSC and the Governor, acting through the Executive Counsel, to operate the prison system in accordance with the Constitutions and laws of the United States and the State of Louisiana. The Court further finds that the exercise of jurisdiction by this Court over the DPSC Facilities covered by the Agreement shall not be necessary after the termination dates set forth in attached Petition for Approval of Settlement.
WHEREFORE, IT IS ORDERED that the original and all subsequent orders entered by the Court in this action, including the consent decree entered by this Court on December 7, 1983 and all modifications and revisions of that consent decree affecting Hunt Correctional Center, Allen Correctional Center, Winn Correctional Center, Avoyelles Correctional Center, David Wade Correctional Center, Work Training Facility 0907 North and South, Louisiana State Police Barracks, Phelps Correctional Institute, Washington Correctional Institute, Louisiana

Correctional Institute for Women and Dixon Correctional Institute (the "DPSC Facilities"), are to be rescinded and have no further effect on April 1, 1997. On that date, the Court shall issue a final order of dismissal.
IT IS FURTHER ORDERED that, through April 1, 1997, the responsibilities of DPSC Facilities identified in this order will be to submit to the Court only those reports identified in section 3.4 of the Petition for Order Approving Settlement, to maintain ACA accreditation, and to inform the Court of any changes in population capacity.
IT IS FURTHER ORDERED that all Non-DPSC Facilities in which DPSC prisoners are being held shall also finally be dismissed from further Court supervision on April 1, 1997.
IT IS FURTHER ORDERED that any new claims against the Defendants, or any of them, that in any way pertain to the institutions which are identified in this order shall be initiated as new civil actions in state or federal courts of proper jurisdiction and venue.
IT IS FURTHER ORDERED that, as of April 1, 1997, only LSP and the Juvenile Facilities shall be excluded from this order and shall remain on the Court's docket subject to further resolution and subject to orders and judgments of this Court.
IT IS FURTHER ORDERED that a hearing shall be scheduled at a latter date in accordance with Rule 23 of the Federal Rules of Civil Procedure.
Baton Rouge, Louisiana, this 26th day of September, 1996.
/s/ Frank J. Polozola Judge, United States District Court Middle District of Louisiana
373 *373 EXHIBIT C
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
IN RE CONSENT DECREES PERTAINING TO INMATE POPULATION AND PRISONER SUITS PERTAINING TO INMATE POPULATION
ORDER
IT IS ORDERED that each and every consent decree entered by this Court pertaining to inmate population and guard to prisoner ratio at any facility operated by or under the authority of any Sheriff, appearing hereinbelow; however issued, filed or captioned, including, but not limited to, those decrees issued under the caption of or filed in the record of Hayes Williams v. John McKeithen, civil action number 71-89B on the docket of the United States District court for the Middle District of Louisiana, Hamilton v. Morial, 644 F.2d 351 (5th Cir.1981), In re Prisoner Suits Pertaining to Inmate Population on the docket of the United States District Court for the Middle District of Louisiana and decrees filed in the record of the United States District Court for the Middle District of Louisiana, under the caption of "In re" any jail or other facility are hereby VACATED, RESCINDED and are without further effect as of April 1, 1997.
IT IS FURTHER ORDERED that the Court's expert shall have the right, until April 1, 1997, to conduct an inspection of any facility which is subject to a consent decree to be vacated pursuant to this Order for the sole purpose of verifying, but not enforcing, that facility's compliance with the Basic Jail Guidelines. Findings, recommendations or other information resulting from these inspections will not be admissible in any suit filed by or on behalf of any inmate seeking monetary damages or any other relief under state or federal law, and will not prevent cancellation of any consent decree vacated pursuant to this Order nor affect the validity, finality, or enforceability of this Order.

IT IS FURTHER ORDERED that any claim or allegation pending as of April 1, 1997 or asserted thereafter that any Sheriff appearing hereinbelow has failed to comply with the terms of this Order and any other claim or allegation existing as of April 1, 1997 or asserted thereafter by or on behalf of anyone against any Sheriff appearing hereinbelow based upon inmate population, guard to inmate ration, conditions of confinement, or asserting any state or federal law claims of inmates held in a;n facility governed by a consent decree vacated pursuant to this Order shall not be asserted in, or as a violation of any order issued in Hayes Williams v. John McKeithen, supra, Hamilton v. Morial, supra, or in or as a violation of any consent decree vacated pursuant to this Order, but shall be initiated as a new action in a court of proper jurisdiction and venue. The determination of such proper jurisdiction and venue shall be made without reference to Hayes Williams v. John McKeithen, supra, Hamilton v. Morial, supra, or any consent decree vacated pursuant to this Order, or to any jurisdiction arising out of, under, or conferred by those cases or consent decrees.
IT IS FURTHER ORDERED that based upon this Order, the Court will file in the United States Court of Appeals for the Fifth Circuit a request that the Fifth Circuit vacate and set aside its order of April 21, 1991 entered in Hamilton v. Morial, 644 F.2d 351 (5th Cir.1981), and consolidated cases, and take such other actions as may be necessary to vacate the special jurisdictional grant to this Court established therein and to enable this Court to enter this Order. No provision contained in this Order shall enlarge or enhance the jurisdiction granted to this Court by the Fifth Circuit pursuant to its order of April 21, 1981, any of its subsequent orders or decisions related thereto, or the consent decrees vacated pursuant to this Order.
Baton Rouge, Louisiana, this 26th day of September, 1996.
/s/ Frank J. Polozola United States District Judge
374 *374 This Order is submitted this 23rd day of August 1996 by and on behalf of the Sheriffs appearing hereinbelow.
/s/ T. Allen Usry T. ALLEN USRY, La. Bar #12988 2800 Veterans Blvd., Suite 180 Metairie, LA XXXXX-XXXX (504) 833-4600 Attorney for the Sheriffs
375 *375
376 *376
377 *377
EXHIBIT D
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HAYES WILLIAMS, ET AL
VERSUS
JOHN J. MCKEITHEN, ET AL
CIVIL ACTION NO. 71-98-B

ORDER
IT IS ORDERED that each and every consent decree entered by this Court pertaining to inmate population and guard to prisoner ratio at Amite City Jail, Basile City Jail, DeQuincy City Jail, East Carroll Penal Farm, Eunice City Jail, Gonzales City Jail, Jennings City Jail, Jonesville City Jail, Lincoln Parish Detention Center, Mamou City Jail, Pearl River City Jail, Rayne City Jail, Slidell City Jail, Sulphur city Jail, Union Parish Detention Center, Vinton City Jail and West Monroe Police Departments, however issued, filed or captioned, including, but not limited to, those decrees issued under the caption of or filed in the record of Hayes Williams v. John McKeithen, Civil Action 871-98B on the docket of the United States District Court for the Middle District of Louisiana, Hamilton v. Morial, 644 F.2d 351 (5th Cir.1981), In re Prisoner Suits Pertaining to Inmate Population on the docket of the United States District Court for the Middle District of Louisiana and decrees filed in the record of the United States District Court for the Middle District of Louisiana, under the caption of "In re" any jail or other facility listed above are hereby VACATED, RESCINDED and are without further effect as of April 1, 1997.
378 IT IS FURTHER ORDERED that the Court's expert shall have the right, until *378 April 1, 1997, to conduct an inspection of the above facilities which are subject to a consent decree to be vacated pursuant to this Order for the sole purpose of verifying, but not enforcing that facility's compliance with the Basic Jail Guidelines. Findings, recommendations or other information resulting from these inspections will not be admissible in any suit filed by or on behalf of any inmate seeking monetary damages or any other relief under state or federal law, and will not prevent cancellation of any consent decree vacated pursuant to this Order nor affect the validity, finality, or enforceability of this Order.
IT IS FURTHER ORDERED that any claim or allegation pending as of April 1, 1997 or asserted thereafter that any facility appearing hereinbelow has failed to comply with the terms of this Order and any other claim or allegation existing as of April 1, 1997 or asserted thereafter by or on behalf of anyone against any facility appearing hereinbelow based upon inmate population, guard to inmate ration, conditions of confinement, or asserting any state or federal law claims of inmates held in a facility governed by a consent decree vacated pursuant to this Order shall not be asserted in, or as a violation or any order issued in Hayes Williams v. John McKeithen, supra, Hamilton v. Morial, supra, or in or as a violation of any consent decree vacated pursuant to this Order, but shall be initiated as a new action in a court of proper jurisdiction and venue. The determination of such proper jurisdiction and venue shall be made without reference to Hayes Williams v. John McKeithen, supra, Hamilton v. Morial, supra, or any consent decree vacated pursuant to this Order, or to any jurisdiction arising out of, under, or conferred by those cases or consent decrees.
IT IS FURTHER ORDERED that based upon this Order, the Court will file in the United States Court of Appeals for the Fifth Circuit a request that the Fifth Circuit vacate and set aside its order of April 21, 1981 entered in Hamilton v. Morial, 644 F.2d 351 (5th Cir.1981), and consolidated cases, and take such other actions as may be necessary to vacate the special jurisdictional grant to this Court established therein and to enable this Court to enter its final Order of Dismissal. No provisions contained in this Order shall enlarge or enhance the jurisdiction granted to this Court by the Fifth Circuit pursuant to its order of April 21, 1981, any of its subsequent orders of decisions related thereto, or the consent decrees vacated pursuant to this Order.
Baton Rouge, Louisiana, this 26th day of September, 1996.
/s/ Frank J. Polozola United States District Judge
This Order is submitted on this 26th day of September, 1996 on behalf of the Secretary of the Department of Public Safety & Corrections on behalf of the following institutions Amite City Jail, Basile City Jail, DeQuincy City Jail, East Carroll Penal Farm, Eunice City Jail, Gonzales City Jail, Jennings City Jail, Jonesville City Jail, Lincoln Parish Detention Center, Mamou City Jail, Pearl River City Jail, Rayne City Jail, Slidell City Jail, Sulphur City Jail, Union Parish Detention Center, Vinton City Jail and West Monroe Police Department.
/s/ Richard A. Curry, #4671 RICHARD A. CURRY Shannon Sweeney Rieger, #17165 McGLINCHEY STAFFORD LANG A Professional Limited Liability Company Ninth Floor, One American Place Baton Rouge, Louisiana 70825

(504)383-9000 and Ronald Thompson Assistant Attorney General Counsel for Murphy J. "Mike" Foster, Governor of the State of Louisiana and Richard L. Stalder, Secretary of the Department of Public Safety & Corrections
379 *379 EXHIBIT E
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HAYES WILLIAMS, ET AL
VERSUS
JOHN J. MCKEITHEN, ET AL
CIVIL ACTION NO. 71-98-B
April 1, 1997
ORDER
Pursuant to the orders entered by this Court in response to the September 26 Petition for Order Approving Settlement for Purpose of Terminating Consent Decree (the "Petition"), the Court's expert has inspected facilities housing adult inmates and juvenile offenders sentenced to the custody of the Department of Public Safety & Corrections ("DPSC") and the Court has received and reviewed reports of the conditions in facilities housing DPSC inmates and juvenile offenders. The Court finds that there is no need for further supervision over the facilities identified below. Accordingly, pursuant to the Petition and the Motion to Dismiss submitted this day by the Governor of the State of Louisiana and the Secretary of the DPSC:
IT IS ORDERED that the following DPSC institutions (excluding the Louisiana State Penitentiary) are released from all further supervision and jurisdiction of this Court in these proceedings:
Allen Correctional Center Louisiana Correctional Institute for Women Avoyelles Correctional Center Washington Correctional Center C. Paul Phelps Correctional Center Winn Correctional Center David Wade Correctional Center Work Training Facility/North Dixon Correctional Center Work Training Facility/South Elayn Hunt Correctional Center State Police Barracks.
IT IS FURTHER ORDERED that the following secure parish and local jails have been released from all further supervision and jurisdiction of this Court and from all further reporting requirements:
Acadia Parish Jail Complex Acadia Parish Jail Annex Acadia Parish Detention Center Allen Parish Jail Ascension Parish Jail Assumption Parish Detention Center Avoyelles Bordelonville Detention Center Avoyelles Bunkie Avoyelles Marksville Detention Center Avoyelles Women's Correctional Center Beauregard Parish Jail Complex Bienville Parish Jail Bossier Parish Jail Bossier Parish Penal Farm Caddo Correctional Center Calcasieu Parish Correctional Center Calcasieu Sheriff's Prison Caldwell Parish Detention Center Caldwell Parish Jail Catahoula Parish Jail Claiborne Parish Jail Concordia Parish Jail DeSoto Parish Detention Center East Baton Rouge Parish Prison East Carroll Detention Center East Carroll Parish Jail East Feliciana Parish Prison Evangeline Parish Jail Evangeline 0907 Basile Detention Center Franklin Parish Detention Center Grant Parish Jail Iberia Parish Criminal Justice Facility Iberville Parish Detention Center Jackson Parish Jail Jefferson Parish Correctional Center Jefferson Davis Parish Jail Lafayette Parish Correctional Center Lafourche Parish Jail 0907 Galliano Lafourche

Parish Detention Center LaSalle Parish Jail Lincoln Parish Detention Center Livingston Parish Jail Madison Parish Detention Center Morehouse Parish Jail and Annex Morehouse Parish Detention Center Natchitoches Parish Jail Natchitoches Parish Detention Center Orleans Parish Criminal Sheriff's Office Community Correction Center House of Detention Orleans Parish Prison Templeman Phase III Templeman Phase II Templeman South 380 White Street Rendon Street *380 Broad Street Work Release Conchetta Ouachita Parish Jail Ouachita Correctional Center Plaquemines Parish Prison Port Sulphur Lockup Belle Chase Lockup New Detention Facility Pointe Coupee Parish Detention Center Rapides Parish Detention Center Red River Parish Jail Richland Parish Jail Sabine Parish Jail Sabine Parish Detention Center St. Bernard Parish Prison St. Bernard Parish Annex St. Charles Parish Correctional Center St. Helena Parish Jail St. James Parish Detention Center St. John the Baptist Parish Prison St. John the Baptist Detention Center St. Landry Parish Jail St. Martin Parish Correction Center St. Martin Parish Sub-Station St. Mary Parish Jail St. Tammany Parish Jail Tangipahoa Parish Jail Tensas Parish Jail Tensas Parish Detention Center Terrebonne Parish Criminal Justice Complex and Annex Union Parish Detention Center Vermillion Parish Correctional Center Vernon Parish Jail Vernon Correctional Center Washington Parish Jail Webster Parish Jail Webster Parish Penal Farm West Baton Rouge Parish Jail West Baton Rouge Parish Detention Center West Carroll Parish Jail West Feliciana Parish Detention Center Winn Parish Jail Amite City Jail Basile City Jail Baton Route City Jail DeQuincy City Jail East Carroll Parish Prison Farm Eunice City Jail Gonzales City Jail Jennings City Jail Jonesville City Jail Mamou City Jail Pearl River City Jail Rayne City Jail Slidell City Jail Sulphur City Jail Vinton City Jail West Monroe City Jail
IT IS FURTHER ORDERED that all work release centers and other non-secure facilities housing adult inmates are released from all further supervision and jurisdiction of this Court and from all further reporting requirements in these proceedings.
IT IS FURTHER ORDERED that all facilities in which juveniles sentenced to the custody of the Department of Public Safety & Corrections are housed other than the below named DPSC secure juvenile facilities are released from all further supervision and jurisdiction of this Court and from all further reporting requirements.
IT IS FURTHER ORDERED that all other secure and non-secure facilities housing adult inmates and juvenile offenders are released, or have been released, from further supervision and reporting requirements of this Court except that Louisiana State Penitentiary at Angola, the Louisiana Training Institute 0907 Monroe, the Louisiana Training Institute 0907 Bridge City, the Jetson Correctional Center for Youth and the Tallulah Correctional Center for Youth are and shall remain subject to the jurisdiction and further orders of the Court.
Baton Rouge, Louisiana, this 1st day of April, 1997.
/s/ Frank J. Polozola Judge, United States District Court Middle District of Louisiana
DENNIS, Circuit Judge, dissenting:
I respectfully dissent.
The rationale of the majority opinion is that because the Hamilton plaintiffs did not appeal timely after the district court's September 26, 1996 order, they forfeited their right to appeal after that court's April 1, 1997 order. The majority opinion appears to rely on three possible theories as to the appealability of the September 26, 1996 order: The order is appealable (1) "clearly ... under 28 U.S.C. § 1292(a)(1)." Maj. Op. at 370; (2) as a final judgment under 28 U.S.C. § 1291; or (3) as an order that comes within an appropriate exception to the final judgment rule. It is difficult to see how the majority's decision can be soundly based on any of these grounds, however.
381 *381 (1)
Section 1292(a)(1) of 28 U.S.C. expressly permits an appeal from an interlocutory order of a district court that, inter alia, dissolves an injunction. An interlocutory appeal is permissive, not mandatory, because the district court retains complete control over its interlocutory orders until entry of a final judgment into which they are merged. A party does not forfeit its right to appeal after the final decree by failing to bring an interlocutory appeal. Matherne v. Wilson, 851 F.2d 752, 756 & n. 9 (5th Cir.1988); Gloria S.S Co. v. Smith, 376 F.2d 46, 47 (5th Cir. 1967). See

also 19 JAMES W. MOORE ET AL., MOORE'S FEDERAL PRACTICE § 203.32[3][b] (3d ed.1998) and other authorities cited therein.
Accordingly, if the district court's September 26, 1996 order was an interlocutory order dissolving an injunctionlike consent decree, as the majority first asserts, the Hamilton plaintiffs' failure to take an interlocutory appeal did not cause them to forfeit their right to appeal after the district court's final April 1, 1997 decree.
(2)
Federal appellate jurisdiction generally depends on the existence of a decision by the district court that "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978) (quoting Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945)); Sierra Club v. City of San Antonio, 115 F.3d 311, 313 (5th Cir.1997). An order dissolving a consent decree is in essence the same as one dissolving an injunction. See Carson v. American Brands, Inc., 450 U.S. 79, 90, 101 S.Ct. 993, 67 L.Ed.2d 59 (1981) (holding that an order refusing to approve a consent decree is an order refusing an injunction, and is therefore appealable under § 1292(a)(1)); Roberts v. St. Regis Paper Co., 653 F.2d 166, 170 (5th Cir. Unit B Aug.10, 1981). Consequently, such an order is inherently not final but interlocutory. See 28 U.S.C. § 1292(a)(1).
Moreover, the district court's September 26, 1996 order affecting the Hamilton plaintiffs' rights expressly provided that the consent decree was vacated "as of April 1, 1997." Also, as the majority opinion recognizes, the district court in its September 26, 1996 order made clear that "supervision of the Non-DPSC facilities was being retained by the court only to allow for inspections [by the Court's expert] to determine whether these facilities complied with the Basic Jail Guidelines." Maj. Op. at 370 n. 7 (emphasis in original). Thus, the district court clearly retained jurisdiction of the case until April 1, 1997 for the purpose of taking remedial action in the event any facility failed to comply. The September 26, 1996 order, therefore, does not of its own force terminate the entire litigation as of the date of its entry. See Coopers & Lybrand, 437 U.S. at 467, 98 S.Ct. 2454. "`[A]t a minimum, appellate review should not ordinarily occur before it is clear that the judge has no intention of further reconsidering the challenged ruling.'" In re Delta Services Industries, Inc., 782 F.2d 1267, 1271 (5th Cir.1986) (quoting 15 WRIGHT, MILLER & COOPER, FEDERAL PRACTICE & PROCEDURE § 3907 (1st ed.1976)). See also Cinerama, Inc. v. Sweet Music, S.A., 482 F.2d 66, 70 (2d Cir.1973) (Among the purposes of the final judgment rule is "to prevent an appeal on an issue concerning which the trial court has not yet made up its mind beyond possibility of change...."); Erstling v. Southern Bell Tel. & Tel. Co., 255 F.2d 93, 95 (5th Cir.1958) ("If the language used by the court clearly evidences the judge's intention that it shall be his final act[,] it constitutes a final judgment ....") (citing United States v. F.&M. Schaefer Brewing Co., 356 U.S. 227, 232, 78 S.Ct. 674, 2 L.Ed.2d 721 (1958)). Because the district court retained jurisdiction and supervision and could have reconsidered all or parts of its September 26, 1996 order at any time prior to April 1, 1997, the September order was not a final judgment that ended the litigation and left nothing for the court to do but execute the judgment.[1]
382 *382 (3)
Such an order is appealable, therefore, only if it comes within an appropriate exception to the final judgment rule. The majority opinion does not identify any appropriate exception to the final judgment rule that affords appealability to the September 26, 1996 order. From the majority's statement that the order "vacates and rescinds the consent decrees effective April 1st; it is self-executing and does not merely await the entry of another order to be issued on April 1st[,]" it can be speculated that the majority thinks that the September order fits within either the death knell or pragmatic finality exception to the final judgment rule. These exceptions cannot be applied so as to make the September 26 order appealable as if it were a final judgment, however; and even if they could, the Hamilton plaintiffs, by failing to take such an appeal, did not forfeit their right to appeal after the April 1, 1997 final decree.
This court has limited the death knell exception to those cases in which a stay requires all or essentially all of the suit to be litigated in state court. Kmart Corp. v. Aronds, 123 F.3d 297, 300 (5th Cir.1997). Furthermore, its

viability was severely if not fatally undermined by the Supreme Court in Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978).
This court no longer recognizes the pragmatic finality exception. Aronds, 123 F.3d at 300 (citing Newpark Shipbuilding & Repair, Inc. v. Roundtree, 723 F.2d 399, 405 (5th Cir.) (stating that pragmatic finality is in fundamental conflict with the purpose of the finality rule), cert. denied, 469 U.S. 818, 105 S.Ct. 88, 83 L.Ed.2d 35 (1984)).
Moreover, a party's failure to take an appeal under one of these exceptions to the final judgment rule does not cause him or her to lose the right to appeal after the final decree. As Professors Wright, Miller and Cooper observe:
Forfeiture of the right to review on appeal from a final judgment should not follow from failure to take an appeal authorized by the hardship, collateral order, death knell, and pragmatic finality doctrines.... Unlike Rule 54(b), the purpose of these doctrines is only to provide an opportunity for immediate appeal to protect against the harsh results that the final judgment requirement can cause, not to force immediate appeal for the purpose of achieving final resolution of some portion of the case. While it is appropriate to hold, for example, that the opportunity for collateral order appeal is lost if appeal is not taken within the appeal period that runs from entry of the order, review should remain available on appeal from the final judgment.
15A WRIGHT, MILLER & COOPER, FEDERAL PRACTICE AND PROCEDURE § 3905.1, at 262 (2d ed.1992).[2]
CONCLUSION
I agree with the majority that the district court, in its September 26, 1996 order, intended to retain supervision of the Non-DPSC facilities to ensure that those facilities were in compliance with the Basic Jail Guidelines before 383 the effective date of the dissolution *383 of the consent decrees on April 1, 1997. Accordingly, the district court retained jurisdiction of the case and therefore could have further modified, amended, altered or reversed its decision to vacate and rescind the consent decrees at any time prior to April 1, 1997, the effective date of its preliminary decree and its final decree. Consequently, because the September 26, 1996 order was interlocutory, the Hamilton plaintiffs, by failing to appeal from it interlocutorily, did not forfeit their right to appeal after the April 1, 1997 final decree. The Hamilton plaintiffs did appeal timely after this date, bringing up all interlocutory orders affecting the rights finally and effectively adjudicated on April 1, 1997. Therefore, I believe this court has jurisdiction of the Hamilton plaintiffs' appeal, and I must respectfully dissent from the majority's decision.
[1] 338 F.Supp. 1016 (E.D.La.1970).
[2] No. 71-98-B (June 10, 1975).
[3] The class was certified in 1991 but excluded DOC prisoners in parish jails. The class order was amended on May 27, 1993 to, inter alia, include such prisoners. For ease in review, a copy of this order is attached hereto as Exhibit A.
[4] 644 F.2d 351 (5th Cir.1981).
[5] In referring to the state facilities the order declares that they "are released from all further supervision...." The reference to parish and local jails, however, notes that they "have been released from all further supervision ..." We do not view this careful choice of language to be happenstance.
[6] See Walker v. United States Dep't of Housing and Urban Dev., 912 F.2d 819 (5th Cir.1990) (modification of a consent decree to compel federal subsidization of low-cost housing units was appealable pursuant to 28 U.S.C. § 1292(a)(1) as modification of injunctive decree); Thompson v. Enomoto, 815 F.2d 1323 (9th Cir.1987)(consent decree dictating conduct for the California Department of Corrections and compelling compliance through the court's contempt power was sufficiently injunctive in nature to be considered an injunction under § 1292(a)(1));

Gary v. Louisiana, 601 F.2d 240 (5th Cir.1979) (order appointing a special master to oversee implementation of court's consent decree was an appealable modification of an injunction under § 1292(a)(1)).
[7] Sheriff Foti signed on behalf of Orleans Parish, first on the list of sheriff signatories.
[8] The confusion manifested herein perhaps results from the State order which also was signed on September 26, 1996. That order says, "WHEREFORE, IT IS ORDERED that the original and all subsequent orders entered by the Court in this action, including [a consent decree entered on December 7, 1983 dealing with various state facilities] (`the DPSC Facilities'), are to be rescinded and have no further effect on April 1, 1997. On that date, the Court shall issue a final order of dismissal." It further provided, "IT IS FURTHER ORDERED that all NON-DPSC Facilities in which DPSC prisoners are being held shall also finally be dismissed from further Court supervision on April 1, 1997."
The filings defined DPSC as the Department of Public Safety and Corrections and DPSC Facilities as the state facilities. Non-DPSC Facilities were defined as "secure parish of (sic) local jails listed in Exhibit A-1 [which includes Orleans Parish Prison] that may hold adult inmates sentenced to the custody of the DPSC." The provision of the order which refers to the Non-DPSC facilities could perhaps be taken as requiring a final order on April 1st before the parishes would be released from the consent decrees. When this order is read in conjunction with the initiating petition, however, it is clear that supervision of the Non-DPSC facilities was being retained by the court only to allow for inspections to determine whether these facilities complied with the Basic Jail Guidelines. The limiting language in the order on use of the results of these inspections fortifies our conclusion. The September 26th order is the final order which released the parish prisons from the population caps.
[9] Fed. R.App. P. 4 provides in pertinent part:
(a) Appeals in Civil Cases.
(1) In a civil case in which an appeal is permitted by law as of right from a district court to a court of appeals the notice of appeal required by Rule 3 shall be filed with the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from....
[10] The Federal Rules of Civil Procedure do not provide for a "Motion for Reconsideration" but such motions may properly be considered either a Rule 59(e) motion to alter or amend judgment or a Rule 60(b) motion for relief from judgment. See Kelley v. Price-Macemon, Inc., 992 F.2d 1408 (5th Cir.1993). A Rule 60(b) motion does not toll the running of time for filing a notice of appeal whereas a timely filed Rule 59(e) motion does. See Fischer v. United States, 759 F.2d 461 (5th Cir.1985); Fed.R.App.P.4(a). In order to be timely filed, a Rule 59(e) motion must be filed within ten days of the judgment or order of which the party complains. Fed.R.Civ.P. 59(e). Motions which are "untimely under Rule 59 must be treated as motions under Fed.R.Civ.P. 60(b) for purposes of Rule 4(a) (4)." Brown v. United Ins. Co. of Am., 807 F.2d 1239, 1242 (5th Cir.1987) (citing Huff v. International Longshoremen's Ass'n, 799 F.2d 1087, 1090 (5th Cir. 1986)).
[11] Hamilton v. Williams, No. 97-30069 (5th Cir., April 17, 1997) (appeal dismissed).
[1] The District Court's April 1, 1997 order provided "that the following secure parish and local jails have been released from all further supervision and jurisdiction of this Court and from all further reporting requirements" and listed those facilities. The majority concludes that the court's April 1, 1997 use of a present perfect tense verb is determinative of whether the Court's September 26, 1996 order was a final judgment. For the reasons stated above, I do not think that a court can retroactively remake its prior interlocutory order into a final judgment, especially not by a brief, cryptic comment in a later judgment under a different docket number. "For a ruling to be final, it must end the litigation on the merits, and the judge must clearly declare his intention in this respect.... Moreover, the judge did not explicitly exclude the possibility that he might change his mind in the interim." FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 273-74, 111 S.Ct. 648, 112 L.Ed.2d 743 (1991) (internal citations and quotations omitted). "The Federal Rules are not intended to create procedural traps for the parties, forcing them to file premature appeals whenever some slight doubt arises as to the propriety of the court's way of entering judgment." Blanchard v. Commonwealth Oil Co., 294 F.2d 834, 837 (5th Cir.1961).

[2] The September 26, 1996 order also does not satisfy the requirements for certification as a partial final order under Federal Rule of Civil Procedure 54(b) because "the language in the order ... either independently or together with related portions of the record referred to in the order" does not "reflect[] the district court's unmistakable intent to enter a partial final judgment" under this rule. See Kelly v. Lee's Old Fashioned Hamburgers, Inc., 908 F.2d 1218, 1220 (5th Cir.1990) (en banc).
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 338 F.Supp. 1016 (1970)
Louis HAMILTON et al. v.
Victor SCHIRO et al.
Civ. A. No. 69-2443.
United States District Court, E. D. Louisiana, New Orleans Division.
June 25, 1970.
Luke J. Fontana and Robert Hobbs, New Orleans, La., for plaintiffs.
Blake Arata, New Orleans City Atty., for defendants.
CHRISTENBERRY, District Judge.
This cause came on for hearing on plaintiffs' motion for preliminary and permanent injunction and the court, having considered the evidence, the stipulations of the parties and counsels' briefs, now makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. Orleans Parish Prison was built in 1929 and designed to house from 400 to 450 inmates.
2. The prison usually houses from 800 to 900 inmates even though the facility has never been enlarged.
1017*1017 3. The prison is a five-story structure with six cell-type areas and seven dormitory areas.
4. The cells, which are 13'×8½'×7½' and constructed mainly of metal, were designed to accommodate four inmates, but six to eight inmates are usually confined in each cell.
5. Each cell is usually provided with a toilet and hand bowl, but some only have water from the toilet because of the inoperable condition of the hand bowl.
6. These toilet and hand bowls are so badly corroded and rusted that cleanliness is impossible.

7. The cells have no interior lighting, the only light entering them is that from the aisles outside the cells that slants in, thus leaving the cells dim and dingy at all times. There is even less light in the many areas where windows have been boarded up, or papers stuffed in them to keep out the elements.
8. The seven dormitory areas were designed to accommodate 40 men each but now house from 60 to 80 inmates each.
9. The inmates of Parish Prison are issued mattresses, which are rarely if ever sunned or cleaned, even though they may have been vomited or urinated upon. Because of the crowded condition many have to sleep on their mattresses on the cell floor or on the aisle floor.
10. The men are issued mattress covers which they use for long periods of time, and there is difficulty in having them cleaned because of the frequent breakdowns of the laundry equipment. No sheets or pillow cases are issued. Blankets are usually but not always provided.
11. Ventilation throughout the entire structure is very poor. It is worsened by the boarding up of windows to prevent inmates from simply pulling the bars out of the decayed windows and rotting plaster walls. As a consequence the inmates are subjected to extreme temperatures in summer and winter, with the temperature reaching over 100° during the summer months. Pipe decay and boiler malfunctions cause heating to be quite inconsistent and uneven. During the winter, the inmates are subjected to very cold dampness, as a result of the roof and side walls leaking.
12. The entire structure is infested with rats, mice, roaches and vermin as a result of the location of the prison over an extensive sewer system, and holes in the shower areas and floors caused by decay of the metal. Also, since the prison has no central dining area for inmates, the men eat in their tiers, causing food to be there to attract the rats and roaches, etc.
13. Because of faulty and inadequate plumbing most of the building and particularly the kitchen is permeated by a foul odor.
14. In the kitchen, plaster has fallen and continues to fall, and tile is missing, causing the kitchen to be unsanitary.
15. Bathing facilities are entirely inadequate, often 45 to 60 men have to use one shower, with low water pressure and no hot water, after many have spent a full day in physical activities for prison upkeep.

16. The inmates receive outdoor exercise only once every 20 to 30 days for two to three hours, depending on weather conditions.
17. All of the inmates are in constant danger of losing their lives should a fire occur in the prison. The Fire Prevention Division of the New Orleans Fire Department, after inspection, lists 29 violations, some of which are blatant. There is no fire alarm system; fire extinguishers are insufficient in number and many are empty and inoperable. Each tier has only one means of egress, and all fire escapes are inoperable and permanently sealed to prevent escape.
18. The danger of a fire occurring is increased by the inmates sometimes burning tightly rolled newspapers in their cells to keep warm in the winter and the fact that many windows are stuffed with newspaper.
1018*1018 19. The danger of an outbreak of contagious diseases is great as a result of the unsanitary conditions in the toilets, the kitchen, and the sleeping equipment. Further, no medical intake survey is made to detect prisoners with contagious diseases. Although the incidence of gonorrhea is high, only sporadic blood tests for syphilis are done. As a result of the crowded conditions, there is no isolation or quarantine area for those with contagious diseases that are detected.
20. Inmates are put in constant fear of and subjected to bodily injury and sexual attacks from other inmates. There are no isolation areas for any of the following dangerous groups, since there are only six single cells in the prison:
a) homosexuals and sexual offenders, b) men who pose severe disciplinary problems, c) mental defectives, d) men with psychotic reactions or who are disturbed emotionally, e) juveniles, f) drug addicts, and g) informers and those threatened by other prisoners.
As a result they are sometimes put in cells with first offenders and others.
21. The deteriorating ironwork and crumbling condition of the prison provide easy access to material from which inmates may fashion deadly weapons.
22. Supervision is woefully inadequate to provide any protection or deterrent effects to physical attacks once the tier door is closed and the guard is on one side and the prisoners on the other. Particularly in dormitory areas with 50 to 60 men, observation is very poor.

23. Since first offenders are not segregated, they frequently receive violent indoctrination into the norms and behavior of chronic offenders.
24. The combined effects of the fearful atmosphere and crowded and sordid living conditions has a severe effect on psychotics, often causing those transferred to the prison from mental hospitals to be returned to the hospitals. Disruptive psychotic prisoners are sometimes moved into a hallway by the main gate and shackled to the bars.
25. Hospital facilities and medical attention are woefully inadequate to meet the needs of the inmates. Inmates who should be confined to bed with chronic diseases must be kept on the open tiers. Medication that is prescribed frequently never reaches the inmate or else is taken from him by other prisoners.
26. The allotment by the City of $1.25 per diem per prisoner for food, bedding, uniforms, medication, janitorial supplies, maintaining the kitchen and laundry equipment and other needs is not adequate to provide the minimum human needs of the inmates.
27. The Central Police Lockup's existing facilities have never been more than partially filled, except on occasional weekends and this only in the male section. The 10th floor reserved for women has never been filled. Thus, the women in the prison (4 to 10 average) could be housed in unused new, existing facilities in a presently constructed, equipped, and staffed area.
28. The two unfinished floors of the same building have a normal capacity of 240 inmates in 24 ten-man cells. These floors could be finished and the cells used, thereby materially reducing the prisoner population of the Parish Prison.
29. The existing Parish Prison is owned by the City, maintained by city funds, and prisoners' subsistence is paid for by the City. Thus, in moving the prisoners to the new facilities there would be no involvement with any other political subdivision of government.
30. The Criminal Sheriff of the Parish of Orleans is doing the best he can with the facilities and means available to him.
1019*1019 CONCLUSIONS OF LAW
1. This court has jurisdiction of the parties and subject matter herein. 42 U.S.C. § 1983.
2. Plaintiffs did not need to exhaust state remedies as a condition precedent to this court's asserting jurisdiction over their cause of action grounded on 42 U.S.C. § 1983.Houghton v. Shafer, 392 U.S. 639, 88 S.Ct. 2119, 20 L.Ed.2d 1319 (1968); McNeese v. Board of

Education, 373 U.S. 668, 83 S.Ct. 1433, 10 L.Ed.2d 622 (1963); Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); Wright v. McMann, 387 F.2d 519 (2d Cir. 1967).
3. Defendants are subject to the restraints of the Eighth and Fourteenth Amendments of the United States Constitution which prohibit the infliction of cruel and unusual punishment. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962).
4. Plaintiffs as state prisoners may enforce their right to be free from cruel and unusual punishment and this court will intervene in matters of prison administration to protect their constitutional rights. Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Beard v. Lee, 396 F.2d 749 (5th Cir. 1968); Wright v. McMann, supra; Howard v. Smyth, 365 F.2d 428 (4th Cir.), cert. den., 385 U.S. 988, 87 S.Ct. 599, 17 L.Ed. 2d 449 (1966); Morris v. Travisono, 310 F.Supp. 857 (D.R.I.1970); Holt v. Sarver, 309 F.Supp. 362 (E.D.Ark. 1970); Hancock v. Avery, 301 F.Supp. 786 (M.D.Tenn.1969); Holt v. Sarver, 300 F.Supp. 825 (E.D.Ark.1969); Jordan v. Fitzharris, 257 F.Supp. 674 (N. D.Cal.1966).
5. Prison life inevitably involves some deprivation of rights, but the conditions of plaintiffs' confinement in Orleans Parish Prison so shock the conscience as a matter of elemental decency and are so much more cruel than is necessary to achieve a legitimate penal aim that such confinement constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the United States Constitution. Beard v. Lee,supra; Wright v. McMann, supra; Howard v. Smyth, supra; Morris v. Travisono, supra;Holt v. Sarver, supra, 309 F.Supp. 362; Hancock v. Avery, supra; Kish v. County of Milwaukee, 48 F.R.D. 102 (E.D. Wis.1969); Holt v. Sarver, supra, 300 F.Supp. 825;Jordan v. Fitzharris, supra.
The court finds that the plaintiffs are entitled to relief and will enter an appropriate order.