Case 3:16-cv-00463-JWD-RLB Document 1 07/13/16 Page 1 of 20

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

North Baton Rouge Matters; Black Youth Project 100; New Orleans Workers’ Center for Racial Justice; American Civil Liberties Union of Louisiana; Louisiana Chapter of the National Lawyers Guild,

Plaintiffs,

-vs-
City of Baton Rouge; Baton Rouge Police Department; Carl Dabadie, Jr., in his official capacity as Chief of the Baton Rouge Police Department; Louisiana Department of Public Safety; Louisiana State Police; Col. Michael Edmonson, in his official capacity as Superintendent of the Louisiana State Police; East Baton Rouge Sheriff’s Department; Sid J. Gautreaux III, in his official capacity as Sheriff of the East Baton Rouge Sheriff’s Department; Kip Holden in his official capacity as the Mayor-President of East Baton Rouge Parish; Hillar C. Moore, III, in his official capacity as District Attorney for East Baton Rouge Parish,
Defendants.

CIVIL ACTION NO.:
Motion for Temporary Restraining Order and Preliminary Injunction
Oral Argument Requested

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs, by their undersigned attorneys, for their Complaint, allege as follows: Nature of Action
1. Our Nation is built on a foundation of free speech, dissent, and protest; since our very founding, the American people have taken to the streets and sidewalks to make their voices heard on matters of public concern.
2. Further, the right to be free from unreasonable seizure by the government is fundamental to the proper functioning of our criminal justice system, and reflects the Framers’

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deep concern for personal security and their recognition of the potential for law enforcement excesses.
3. This civil rights action is filed by organizations whose members have participated in and witnessed protests in Baton Rouge, Louisiana, over the past week. In response to the recent death of Alton Sterling at the hands of Baton Rouge police officers on July 5, 2016, members of the community have attempted to exercise these foundational rights—by joining together in peaceful protest to draw attention to the death of Mr. Sterling, the deaths of Black citizens at the hands of police across the country, and law enforcement’s use of excessive force, particularly toward the Black community.
4. Plaintiffs have engaged in this peaceful speech, association, and protest on the streets, sidewalks, and medians of Baton Rouge—traditional public fora where individuals’ First Amendment rights are at their zenith. Unfortunately, this exercise of constitutional rights has been met with a military-grade assault on protestors’ bodies and rights.
5. Defendants have responded to peaceful acts of protest with unlawful restrictions on constitutionally protected activity and disproportionate deployment of militarized equipment and excessive force. Law enforcement officers have escalated peaceful situations; impeded protestors’ entry or exit from demonstrations; threatened assault with chemical agents including mace and pepper spray; rounded them up in mass arrests; engaged in physical and verbal abuse; punished and wrongly arrested individuals engaged in constitutionally-protected speech; created an imminent risk of physical and constitutional harm to Plaintiffs and others engaged in lawful protest; and used objectively excessive force in effectuating arrests.
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6. These actions have been designed to intimidate protestors and deter the continued exercise of First Amendment rights. They amount to a widespread pattern of acutely unconstitutional law enforcement activity by Defendants, requiring this Court’s immediate intervention to protect both public safety and the rights secured by the U.S. and Louisiana Constitutions.
7. Specifically, law enforcement officers in Baton Rouge and high-ranking city and state officials have engaged in and ratified policies, practices, and conduct that violates Plaintiffs’ clearly established constitutional rights by, among other actions:
a. Excluding lawful protestors from public forum space, including sidewalks, neutral ground, and public property;
b. Engaging with peaceful protestors in a militarized fashion, including full body gear, threatening the use of chemical agents, and keeping live automatic weapons trained on peaceful crowds;
c. Arresting protestors for “obstruction” of a highway in the absence of any impact on traffic or vehicle safety;
d. Giving contradictory and confusing ad hoc orders to protestors, then arresting individuals for noncompliance;
e. Arresting legal observers and members of the press without probable cause; f. Forcing protestors off of public forum space and arresting them for trespass or failure
to disperse;
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g. Arresting individuals for failure to disperse despite giving individuals inadequate notice or opportunity to leave;
h. Entering a private home and unlawfully searching and seizing guests without probable cause;
i. Engaging in widespread unreasonable searches and seizures of individuals arrested without probable cause and in bad faith;
j. Failing to provide Miranda warnings to individuals arrested or to explain the charges against them; and
k. Responding to nonviolent activity with unconstitutional levels of force, including physically tackling nonviolent protestors and using mace, taser charges, and/or pepper spray on nonviolent protestors.
8. In so doing, Defendants have deprived Plaintiffs of rights secured under the First (freedom of speech, press, and assembly)and Fourteenth (rights of due process and equal protection) Amendments to the U.S. Constitution, and Sections Two (due process), Seven (freedom of speech and press), Nine (right of assembly and petition), Thirteen (rights of the accused), and Sixteen (fair trial rights) of Article I of the Louisiana Constitution.
9. Plaintiffs have received and collated extensive testimonial and documentary evidence of civil rights violations by Defendants.
10. Plaintiffs and their members, employees, and supporters—among many other protestors—continue to engage in protected public speech and protest related to police brutality and the killing of Black citizens by law enforcement. Due to Defendants’ actions, Plaintiffs and
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others not before the Court—many of whom are still in jail on invalid charges—have suffered and will continue to suffer irreparable harm to their constitutional rights. Plaintiffs therefore seek emergency review from this Court, and require immediate declaratory and injunctive relief to prevent the future loss of constitutional rights in Baton Rouge.
JURISDICTION AND VENUE 11. This case arises under the U.S. Constitution and the laws of the United States. The case presents a federal question within this Court’s jurisdiction under Article III of the Constitution and 28 U.S.C. § 1331; this Court also has jurisdiction under 28 U.S.C. § 1343(3) to redress the deprivation, under color of state law, of any right, privilege, or immunity secured by the U.S. Constitution. The Court has supplemental jurisdiction under 28 U.S.C. § 1367(a) over claims arising under the Louisiana Constitution. 12. The case seeks remedies under 28 U.S.C. §§ 2201 and 2202, 42 U.S.C. §§ 1983 and 1988, and Fed. R. Civ. P. 65. This Court may issue a temporary restraining order and preliminary injunction pursuant to Fed. R. Civ. P. 65(b). 13. Venue is proper in this district under 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this District.
PARTIES 14. Plaintiff American Civil Liberties Union of Louisiana (ACLU of Louisiana) was founded in New Orleans in January 1956 by a group of civil rights activists engaged in the battle to desegregate Louisiana. Mixed-race meetings were illegal at the time, and those who defied those laws – including the ACLU of Louisiana’s founders - were at risk of arrest, police
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harassment, and violence. For over 60 years, the ACLU of Louisiana has been at the forefront of the fight to preserve the civil liberties of all of the people of Louisiana, fighting for the First Amendment, for racial justice, and for due process and privacy rights. The ACLU of Louisiana has 2,700 members, some of whom were at the protests on July 6 and 10th. The ACLU of Louisiana’s employees, including Candice Sirmon and Lily Ann Ritter, attended the protests on July 6 and 10 and witnessed the events as legal observers. They were also told by law enforcement to unlawfully disperse and were threatened with arrest. The ACLU of Louisiana’s members and employees intend to continue engaging in protest and the monitoring of constitutional rights, but fear the continued violation of their constitutional rights, enforcement of invalid restrictions on their protected activity, and the use of excessive force by law enforcement.
15. Plaintiff Black Youth Project 100 (“BYP100”) is an activist member-based organization of Black 18-35 year olds, dedicated to creating justice and freedom for all Black people. BYP100 has a chapter in New Orleans, Louisiana. BYP100 works to create justice and freedoms for all Black people through building a collective focused on transformative leadership development, direct action organizing, advocacy and education. BYP100 trains young black activists in direct action grassroots organizing skills, so they can build the power needed to transform our communities. BYP100 runs campaigns using on the ground and digital tactics towards the goal of ending the criminalization of Black youth, racial profiling and police brutality. BYP100 members have attended protest in Baton Rouge Louisiana over the past week in protest over the murder of Alton Sterling.
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16. Plaintiff the National Lawyers Guild is the nation’s oldest and most extensive network of public interest attorneys and human rights attorneys and legal workers in the United States. The Louisiana Chapter of the National Lawyers Guild consists of approximately 50 members including Louisiana- licensed attorneys and legal workers from across the state, in addition to law school affiliate chapters at Southern University Law Center, Loyola University College of Law, and Tulane University Law School. The Guild also has more than 250 individual Louisiana allies and more than 200 trained Legal Observers that wear neon green hats to monitor and document police misconduct at demonstrations. The Guild has and is coordinating legal support for over 150 people arrested for protesting against the killing of Alton Sterling during the weekend of July 9-11, 2016 and has been and is operating a 24/7 Legal Hotline operated by licensed attorneys. The Guild provides legal support to social movements and works to ensure that human rights are respected and protected.
17. Plaintiff the New Orleans Workers' Center for Racial Justice (“NOWCRJ”) is a non-profit organization founded in the aftermath of Hurricane Katrina working to raise the voices of low-income community members, increase their collective participation in public policy making, and protect and defend their civil, labor, and human rights. NOWCRJ supports Stand with Dignity, a membership organization committed to community organizing on civil, labor, and human rights issues affecting low income African American community members and their families. Members of Stand with Dignity, including Charles Joyner and Ricky Coston, attended the Baton Rouge protests on July 10th and witnessed Defendants’ actions. Defendants' threatened them while Charles and Ricky were peacefully and lawfully protesting, and Charles
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and Ricky left the protest to avoid indiscriminate arrest and aggressive police practices by a highly militarized police force in violation of their First Amendment rights. NOWCRJ Staff Attorneys were also present at the July 10 action, documenting the events as Legal Observers and then as pro bono attorneys helping secure arrested protesters’ release from jail. The imminent threat of indiscriminate arrest and subjection to violent police practices violated their First Amendment rights and interrupted their abilities on behalf of NOWCRJ to monitor and defend protesters from unconstitutional law enforcement actions. NOWCRJ’s members and staff intend to continue to engage in lawful, peaceful collective public action and monitor and defend the constitutional rights of others to do so. Given Defendant's' previous actions since the murder of Alton Sterling, they experience reasonable fear over ongoing violation of their constitutional rights, enforcement of invalid restrictions on their protected activity, indiscriminate arrest, and the use of excessive force by law enforcement.
18. Plaintiff North Baton Rouge Matters is a grassroots community organization. The organization was created to stop the violence, including police violence, in the North Baton Rouge community. North Baton Rouge Matters provides local North Baton Rouge residents essential resources to cultivate a foundation of trust amongst one another. The organization strives to provide the community with access to tools to ensure their voices are heard and that success are truly attainable. North Baton Rouge Matters is building its membership in the North Baton Rouge community. Since Alton Sterling’s murder on July 5, 2016, North Baton Rouge Matters has organized around the issue of police violence in the community. North Baton Rouge Matters members have attended public marches, vigils, and rallies to protest the systemic and
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racially indiscriminate brutality of the Baton Rouge Police Department. Members have a deep commitment to continued action, including protest.
19. Defendant City of Baton Rouge is a unit of municipal government, and the place where the actions described in this Complaint occurred. The City is responsible for governing and overseeing the policies and actions of the Baton Rouge Police Department.
20. Defendant Baton Rouge Police Department is a law enforcement agency with responsibility and control over monitoring protests and effectuating arrests in Baton Rouge. Defendant Carl Dabadie, Jr., serves as Chief of the Baton Rouge Police Department and is sued in his official capacity.
21. Defendant Louisiana Department of Public Safety is state agency that provides safety services to the citizens of and visitors to the state of Louisiana. The Louisiana State Police are a office and commission of the Department of Public Safety.
22. Defendant Louisiana State Police is a law enforcement agency, which upon information and belief has been cooperating and working with the Baton Rouge Police Department and other local law enforcement agencies and sharing responsibility and control over monitoring protests and effectuating arrests in Baton Rouge over the past week. Defendant Colonel Michael Edmonson serves as Superintendent of the Louisiana State Police, and is sued in his official capacity.
23. The East Baton Rouge Sheriff’s Department is a law enforcement agency, which upon information or belief has been cooperating and working with the Baton Rouge Police Department and sharing responsibility and control over monitoring protests and effectuating
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arrests in Baton Rouge over the past week. Defendant Sid J. Gautreaux, III is the Sheriff of the East Baton Rouge Sheriff’s Department, and is sued in his official capacity.
24. Defendant Hillar C. Moore, III, is sued in his official capacity as the party responsible for enforcing state criminal laws in the parish of East Baton Rouge. See La. Const. Art. 5, § 826 (“Except as otherwise provided by this constitution, a district attorney, or his designated assistant, shall have charge of every criminal prosecution by the state in his district.”).
25. All actions by Defendants, their officers, employees, or agents, described herein were taken under color of law.
FACTS

26.

On July 5, 2016, Alton Sterling, a Black man accused of no crime, was shot a

point-blank range by officers with the Baton Rouge Police Department after being tackled

and physically detained, on his back, by the two officers involved.

27.

Thousands of members of the Louisiana community have responded with anger

about the death of Mr. Sterling in particular, as well as broader patterns of aggressive

policing and racial disparities evident in law enforcement officers’ use of force across the

United States. As a result, there have been demonstrations on the public streets, sidewalks,

and medians of Baton Rouge since the video images of Mr. Sterling’s death came to light last

week.

28.

At these demonstrations, protestors are voicing their opinions about such issues of

public concern as the relationship between police and the community; the frequency with

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which police officers shoot unarmed Black men; and the militarization of local police forces,

among other topics. The protests have been overwhelmingly peaceful and law-abiding.

29.

Defendants’ response to the demonstrations has included ordering peaceful

protestors to disband and evacuate the streets and sidewalks, automatic ticketing and arrest

of protestor who steps foot on any paved surface adjacent to the road for obstruction—even

in the absence of any actual obstruction—and constant use of military-style tactis and

excessive force.

30.

Police have repeatedly interfered with peaceful protests on public sidewalks and

private property. On the evening of July 10, police confronted protestors on Government

Street and East Boulevard. Police initially blocked the street but left the sidewalks open. At

approximately 7:30 PM, police advanced down East Boulevard and France Street

brandishing batons and assault rifles, and closed off the sidewalk, leaving protestors without

access to that space to protest or leave the area. At one point, protestors were standing on the

public sidewalk abutting East Boulevard, where they were peacefully chanting at police. A

large number of police in riot gear advanced on the protestors, driving many off of the

sidewalk, including onto neighboring private property. Police grabbed and pushed some

protestors to the ground and arrested them. Police arrested a reporter, who was clearly

engaging in reporting activities. See Decl. of Karen Savage.

31.

Homeowner Lisa Batiste invited protestors onto her property on East Boulevard

after police ordered the protestors to disperse from the street. With Ms. Batiste’s permission,

more than one hundred protestors gathered on her lawn and porch, and some protestors

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entered her home. A large group of officers in riot gear then entered and remained on her

property without permission, where they ordered protestors to leave the property, used force

on protestors, including tackling and pushing some to the ground, and arrested a number of

protestors. Police were informed by both Ms. Batiste and by protestors that the protestors had

permission to be on the property. At one point, at least a dozen police crowded onto Ms.

Batiste’s porch, where they grabbed and pushed protestors standing inside the home’s open

doorway and forced them out of the house and off the porch. Police also arrested protestors

standing or walking on the public sidewalk abutting Ms. Batiste’s property.

32.

Throughout the protests, police have used aggressive tactics to interfere with

protestors First Amendment rights, including using an armored vehicle to direct extremely

loud sound waves at protestors using what appears to be “long-range acoustic device”

(LRAD), which can create painfully loud sound transmissions. One of these vehicles was

seen moving towards protestors, even as they were stopped in front of it, and made contact

with a protestor. Police have also brandished and pointed assault rifles and batons at

protestors, and used police shields as they approached protestors and pushed them off private

property. Police have used force on protestors who were standing and chanting peacefully,

including tackling, pushing, hitting, and dragging them. Protestors have been bloodied and

injured by this force.

33. Police have arrested NLG legal observers and refused to speak with legal

observers who have offered to help diffuse the situation. When legal observers attempted to

explain that the protestors were confused because the police instructions were inaudible on

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the sound system the police were using the legal observer was ignored and dismissed.

Protestors were blocked in my police and were unsure whether they could safely leave

without being arrested because of the inaudible instructions, conflicting instructions and

witnessing other individuals being arrested and/or detained while attempting to leave.

34.

Police have interfered with the rights of reporters covering the protests, including

on July 9 ordering reporters into a small 10-foot-wide area, and then ordering those reporters without credentials out of the area and threatening to arrest any who stepped into the street.1 At least three reporters were arrested on July 9, including WWNO reporter Ryan Kailath2

and WAFB assistant news director Chris Slaughter. Slaughter was standing on the sidewalk

along Airline Highway videoing protestors across the street. When he placed one foot on the roadway to get a better angle, police ran across the highway and arrested him.3 On the

evening of July 10, Juvenile Justice Information Exchange reporter Karen Savage was arrested without being told why and despite identifying herself as a member of the press.4

35.

More broadly, individuals engaged in protest activity have also faced egregious

conditions in East Baton Rouge Parish Prison. Individuals engaging in legal support for

arrested protestors have documented that arrestees are stating that: Individuals are being

maced or pepper sprayed for comments or for engaging in protest songs while in prison,

individuals arrested on Sunday were only fed one meal after 24 hours in detention, two

1http://www.thedailybeast.com/articles/2016/07/11/baton-rouge-cops-throw-protesters-into-street-arrest-them-for-
being-there.html 2 http://www.nola.com/crime/index.ssf/2016/07/wwno_radio_reporter_arrested_i.html 3 http://www.wafb.com/story/32410837/wafb-employee-among-journalists-arrested-at-baton-rouge-protest 4 http://jjie.org/savage-arrested/276664/
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individuals under 18 were held in an adult facility, protestors were being held in general

detention, approximately 40 to 50 protestors were being held in single small cells, caged

together inhumanely, and protestors were threatened and harassed, with one report of a

sheriff stating “one of you will be shot tonight.” In addition, individuals in need of immediate

medical attention were being denied medical attention, including an individual with the

symptoms of a concussion, individuals who came into the jail with blood on them, and

individuals in need of insulin. See Decl. of Willa Conway.

CAUSES OF ACTION

COUNT I

Freedom of Speech and Assembly

Violation of First and Fourteenth Amendments to the U.S. Constitution and Article I, Sections Seven and Nine of the Louisiana Constitution

36.

Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the

foregoing paragraphs of this Complaint as if set forth here verbatim.

37.

The First Amendment to the U.S. Constitution prohibits abridgement of freedom

of speech and assembly; the First Amendment is applied to the states through the Fourteenth

Amendment. Article I, Section Seven of the Louisiana Constitution prohibits the curtailment

or restriction of the freedoms of speech and of the press and guarantees every person the right

to “speak, write, and publish his sentiments on every subject.” Article I, Section Nine of the

Louisiana Constitution protects peaceful assembly.

38.

Under 42 U.S.C. § 1983, every person acting under color of state law who

deprives another person of his or her constitutional rights is liable at law and in equity. 14

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Additionally, under 42 U.S.C. § 1983, municipal defendants are “persons” liable for

unconstitutional customs, practices, and policies, and failure to train their law enforcement

officers.

39.

Defendants have deprived, and continue to deprive, Plaintiffs and numerous third

parties of their rights under the First Amendment to the U.S. Constitution and Sections Seven

and Nine of Article I of the Louisiana Constitution, including the rights to assemble, speak,

and demonstrate in public fora such as public sidewalks and public areas adjacent to streets,

and on private property with the consent of property owners.

40.

Upon information or belief, the Defendants and their high-ranking policymaking

officials have intentionally developed and implemented customs, practices, and/or policies

according to which protestors are detained, harassed, threatened, dispersed, and charged for

allegedly obstructing vehicular traffic on public streets, even when the protestors are engaged

in no actual obstruction and create no risk to pedestrian or traffic safety. These unlawful

customs, practices, and/or policies caused the violation of Plaintiffs’ constitutional rights to

speak and assemble freely and will continue to chill their exercise of those rights.

41.

Upon information or belief, the actions above were taken pursuant to customs,

policies, directives, practices, acts and omissions of the Defendants, who encouraged,

authorized, directed, condoned, and ratified the unconstitutional and unlawful conduct

complained of herein.

42.

The Defendants and their high-ranking policymaking officials knew or should

have known of the serious risk that these customs, practices, and/or policies would result in

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unconstitutional conduct. The Defendants failed to train police officers about the

constitutional rights of individuals to peaceably associate and gather in public places

including sidewalks and public areas adjacent to roadways and failed to prevent police

officers from violating these rights, despite actual or constructive knowledge of ongoing and

repeated violations.

43.

Upon information or belief, unless restrained by this Court, Defendants will

continue their practice of unlawfully arresting individuals engaged in public protest in public

forum space (or private property to which they are invited), causing further irreparable harm

to Plaintiffs.

COUNT II

Vagueness/Overbreadth

Violation of the First Amendment and the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution and Article I, Sections Two, Seven,
Thirteen, and Sixteen of the Louisiana Constitution

44.

Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the

foregoing paragraphs of this Complaint as if set forth here verbatim.

45.

The First Amendment to the U.S. Constitution and Article I, Section Seven of the

Louisiana Constitution prohibit the abridgement of freedom of speech; the First Amendment

of the U.S. Constitution is applied to the states through the Fourteenth Amendment. The

Fourteenth Amendment to the U.S. Constitution and Article I, Sections Two, Thirteen, and

Sixteen prohibit the criminalization of speech without due process.

46.

Statutes that vest unbridled discretion in state officials to regulate speech violate

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the free speech and Due Process protections of the U.S. and Louisiana Constitutions because

they are both overbroad and unlawfully vague. Plaintiffs and other protestors were repeatedly

given contradictory and confusing directions, and announcements of dispersal orders, that

were unclear, gave them no notice as to how to avoid arrest, and provided no opportunity for

peaceful dispersal or continued peaceful exercise of rights to free speech and assembly.

47.

Under 42 U.S.C. § 1983, every person acting under color of state law who

deprives another person of his or her constitutional rights is liable at law and in equity.

Additionally, under 42 U.S.C. § 1983, municipal defendants are “persons” liable for

unconstitutional customs, practices, and policies, and failure to train their law enforcement

officers.

48.

Defendants engaged in actions, policies, and practices that deprived Plaintiffs of a

reasonable opportunity to understand what conduct was criminal. The actions of Defendants

also authorized and encouraged arbitrary and discriminatory enforcement of the criminal

laws in violation of the First and Fourteenth Amendments to the U.S. Constitution and the

speech and Due Process protections of the Louisiana Constitution.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request the Court to: 1. Schedule and hold an immediate hearing,

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2. Issue a temporary restraining order (and thereafter Preliminary and Permanent
Injunctive Relief) against Defendants and their officers, employees, and/or agents,
and those acting on their behalf or in concert with them:
a. Prohibiting Defendants, their officers, employees, or agents, and those acting on their behalf or in concert with them from ordering individuals who are violating no law to refrain from gathering on public sidewalks and other public fora, or threatening or effecting arrest for non-compliance.
b. Enjoining Defendants, their officers, employees, or agents, and those acting on their behalf or in concert with them from stopping, citing, and dispersing individuals for allegedly “obstructing vehicular traffic” when in a public place and not actually obstructing vehicular traffic or when not creating a risk of danger to pedestrians or vehicular traffic.
c. Prohibiting Defendants, their officers, employees, or agents, and those acting on their behalf or in concert with them from engaging with gatherings, organized protests, or individuals engaged in protected First Amendment activity unless each carries on their person clearly visible personal identification, including accurate name, law enforcement agency, and identifying number.
d. Prohibiting Defendants, their officers, employees, or agents, and those acting on their behalf or in concert with them from utilizing chemical agents on such gatherings unless as a last resort to prevent an immediate threat to public safety, and unless any use is preceded by clear and unambiguous warnings, and an adequate opportunity for all protestors to disperse without risk of arrest or entrapment.
e. Prohibiting Defendant Moore, his officers, employees, or agents, and those acting on his behalf or in concert with him from initiating or continuing criminal prosecutions against protestors for obstruction or failure to appear in the absence of documented evidence that they actually impeded traffic and that they had adequate notice and opportunity to disperse without threat of arrest. Additionally prohibiting Defendant Moore and his officers, employees, or agents and those acting on his behalf or in concert with him from initiating or continuing criminal prosecutions against protestors for inciting a riot for the simple act of engaging in a protest. 18

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f. Prohibiting Defendants, their officers, employees, or agents, and those acting on their behalf or in concert with them from utilizing chemical agents on such gatherings unless as a last resort to prevent an immediate threat to public safety, and unless any use is preceded by clear and unambiguous warnings, the approval of the Governor of the State of Louisiana, and an adequate opportunity for all protestors to disperse without risk of arrest or entrapment.
3. Award Plaintiffs nominal damages,
4. Award Plaintiffs costs, including reasonable attorneys’ fees, pursuant to 42 U.S.C.
§ 1988 or any other applicable law; and
5. Grant Plaintiffs such other and further relief as is just and proper under the
circumstances.
PLAINTIFFS REQUEST TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

Dated: July 13, 2016

Respectfully Submitted,
/s/ Ronald L. Wilson RONALD L. WILSON (#13575) (Lead Attorney) 701 Poydras Street, Suite 4100 New Orleans, Louisiana 70139 PH: (504) 525-4361 FAX: (504) 525-4380 E-mail: cabaral2@aol.com

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_s/ Candice C. Sirmon________________ Candice C. Sirmon, T.A., La. No. 30728 (Notice Attorney) ACLU Foundation of Louisiana P.O. Box 56157 New Orleans, LA 70156 (504) 522-0628 Fax: (504) 613-6511 Email: csirmon@laaclu.org /s/ Sima Atri Sima Atri (La. Bar No. 36792) New Orleans Workers’ Center for Racial Justice 217 North Prieur Street New Orleans, Louisiana 70112 Telephone: (504) 264-4209 satri@nowcrj.org Attorneys for Plaintiffs
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 Case 3:16-cv-00463-JWD-RLB Document 29 12/06/16 Page 1 of 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

NORTH BATON ROUGE MATTERS

:

CIVIL ACTION

ET AL

:

PLAINTIFFS

:

NO. 3:16-cv-00463-JWD-RLB

:

VERSUS

:

:

CITY OF BATON ROUGE,

:

JUDGE JOHN W. DEGRAVELLES

ET AL

:

DEFENDANTS

:

MAGISTRATE JUDGE

:

RICHARD L. BOURGEOIS JR.

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

O R D E R

Considering the foregoing Motion

IT IS ORDERED that Plaintiffs’ Motion to Dismiss be and is hereby granted, dismissing

all claims and the lawsuit against Defendants, LOUISIANA DEPARTMENT OF PUBLIC

SAFETY, LOUISIANA STATE POLICE, COLONEL MICHAEL EDMONDSON, in his

official capacity as Superintendent of Louisiana State Police, MELVIN “KIP” HOLDEN, in his

official capacity as Mayor of the Parish of East Baton Rouge, EAST BATON ROUGE

SHERIFF’S DEPARTMENT, SID J. GAUTREAUX, III, in his official capacity as Sheriff of the

East Baton Rouge Parish Sheriff’s Department, and CARL DABADIE JR., in his official

capacity as City of Baton Rouge Chief of Police (the “Defendants”) with prejudice and reserving

to each party the right to institute proceedings in this court for violations of the Memorandum of

Understanding, which is attached to, and made a part of, the Motion to Dismiss.

IT IS FURTHER ORDERED That each party is to bear HIS/ITS own costs.
S Baton Rouge, Louisiana, this 5th day of December, 2016. _________________________________________ UNITED STATES DISTRICT COURT JUDGE

 
 Case 3:16-cv-00463-JWD-RLB Document 28-1 12/05/16 Page 1 of 3

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

NORTH BATON ROUGE MATTERS, * CIVIL ACTION

ET AL

*

PLAINTIFFS

* NO: 3:16-cv-00463-JWD-RLB

*

VERSUS

*

* JUDGE JOHN W. DEGRAVELLES

CITY OF BATON ROUGE,

*

ET AL

* MAG. JUDGE RICHARD L. BOURGEOIS,

DEFENDANTS * JR.

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

MEMORANDUM OF UNDERSTANDING REGARDING FREE SPEECH ACTIVITIES IN THE CITY AND PARISH OF EAST BATON ROUGE

To resolve the above-captioned lawsuit, the parties have conferred and agreed to the following Memorandum of Understanding. The parties recognize the rights of all persons to assemble and engage in the public for the purpose of peaceful public discourse and protest. Public streets, sidewalks, and parks are recognized as “traditional public forum.” Law enforcement parties are committed to ensuring use of traditional public forums for all persons in a manner safe for all.
Individuals and groups have the right to assemble and speak on City/Parish sidewalks. Should other persons be disturbed in their equal use of such sidewalks, the law enforcement parties will make every effort to ensure reasonable alternatives that attempts to respect the rights of all parties and ensures the safety of all parties. This may, depending on the size of the assembly, require law enforcement to publicly designate speaking zones for persons of opposing views and traffic zones for pedestrians. Law enforcement, in turn, expects compliance with all such designations.

A permit may be required for certain activities. (Please see www.brgov.com/dept/dpw/traffic/streetclosure.htm) For instance, a permit may be required for

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Case 3:16-cv-00463-JWD-RLB Document 28-1 12/05/16 Page 2 of 3
assemblies that would involve obstruction of traffic such that law enforcement is notified in advance so that such thoroughfares can be closed and traffic redirected, to the extent possible.
If assemblies involving the obstruction of traffic are planned or desired, those plans should be communicated in advance to the law enforcement parties using existing permitting mechanisms so that such thoroughfares can be closed and traffic redirected, to the extent possible. Law enforcement will assist any person or group willing to employ permit processes just as they do throughout the year for major parades, festivals, and other large assemblies. In the event that persons are found attempting to obstruct traffic on a roadway that has not closed for the purpose of assembly, they will be asked to remove themselves from the roadway. Anyone refusing to move or anyone reentering the roadway after a directive has been issued to stay out of the roadway may face criminal consequences.
Additionally, law enforcement partners are available to work with persons and representatives of any group to designate a “free speech” venue where speakers can schedule their appearances for speaking on a first come first serve basis.
For the safety of demonstrators and the public, individuals are legally prohibited from walking on, along or across interstate highways (I-10, I-12, and I-110), and interstate highway ramps, including climbing fences bordering the interstate highways for the purpose of entering, walking on, along or across the interstate highway.
The law enforcement partners responsible for keeping the peace may issue command(s) to disperse if they reasonably believe that a riot or unlawful public disturbance is occurring or about to occur. The command to disperse will be given in a manner reasonably calculated to be
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Case 3:16-cv-00463-JWD-RLB Document 28-1 12/05/16 Page 3 of 3
communicated to all persons present. The law enforcement parties, in turn, expect compliance with such commands. Parties in protest expect clear commands to disperse and reasonable exit avenues to disperse.
Law enforcement commits to use only that level of force that is objectively reasonable to bring an incident under control, while ensuring the safety of the officer and others. Law enforcement commit to limiting arrests to those who they reasonably believe have violated the law.
In commitment to all people’s constitutionally protected rights, all parties are committed to de-escalation. To advance these goals, law enforcement will make every effort to self-identify who has the authority to make decisions on-site and what agency has jurisdiction in the area. Likewise, a demonstrating group will make every effort to identify a representative to law enforcement.
Before making any material change to the Agreement, counsel for the Baton Rouge Police Department, East Baton Rouge Sheriff and State Police will meet and confer with representatives of the parties to the original lawsuit that led to this agreement1 in a good faith effort to reach agreement on such changes.
Nothing herein should be construed to limit law enforcement from fulfilling their sworn constitutional or statutory duties.
1 Case 3:16-cv-004630JWD-RLB North Baton Rouge Matters et al v. City of Baton Rouge, et al.
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 Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 1 of 7
U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:16−cv−00463−JWD−RLB

CLOSED

North Baton Rouge Matters et al v. City of Baton Rouge, et al Assigned to: Judge John W. deGravelles Referred to: Magistrate Judge Richard L. Bourgeois, Jr Cause: 28:1331 Fed. Question
Plaintiff

Date Filed: 07/13/2016 Date Terminated: 12/06/2016 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

North Baton Rouge Matters

represented by Bruce Warfield Hamilton ACLU of Louisiana PO Box 56157 New Orleans, LA 70156 504−522−0617 Email: bhamilton@laaclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Lawrence Wilson 701 Poydras Street Suite 4100 New Orleans, LA 70139 504−525−4361 Fax: 504−525−4380 Email: cabral2@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Candice C. Sirmon 2723 DAbadie Street New Orleans, LA 70119 917−699−5405 Email: candice.sirmon@gmail.com TERMINATED: 08/24/2016 ATTORNEY TO BE NOTICED

Justin Paul Harrison ACLU Foundation of Louisiana P.O. Box 56157 New Orleans, LA 70156 504−522−0628 Email: harrison.justin.p@gmail.com ATTORNEY TO BE NOTICED

Plaintiff Black Youth Project 100

represented by Bruce Warfield Hamilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Lawrence Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Candice C. Sirmon (See above for address) TERMINATED: 08/24/2016 ATTORNEY TO BE NOTICED

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 2 of 7

Justin Paul Harrison (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
New Orleans Workers' Center for Racial Justice

represented by Bruce Warfield Hamilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Lawrence Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Candice C. Sirmon (See above for address) TERMINATED: 08/24/2016 ATTORNEY TO BE NOTICED

Justin Paul Harrison (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
American Civil Liberties Union of Louisiana

represented by Bruce Warfield Hamilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Lawrence Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Justin Paul Harrison (See above for address) ATTORNEY TO BE NOTICED

Candice C. Sirmon (See above for address) TERMINATED: 08/24/2016 ATTORNEY TO BE NOTICED

Plaintiff
Louisiana Chapter of the National Lawyers Guild

represented by Bruce Warfield Hamilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Lawrence Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Candice C. Sirmon (See above for address) TERMINATED: 08/24/2016 ATTORNEY TO BE NOTICED

Justin Paul Harrison (See above for address) ATTORNEY TO BE NOTICED

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 3 of 7

V. Defendant City of Baton Rouge
Defendant Baton Rouge Police Department Defendant Carl Dabadie, Jr. in his official capacity as Chief of the Baton Rouge Police Department
Defendant Louisiana State Police

represented by Tedrick K. Knightshead 2415 Government Baton Rouge, LA 70806 225−389−3114 Fax: 225−389−8736 Email: knightsheadlaw@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan Gregory Rome Attorney at Law 201 Napoleon Street Baton Rouge, LA 70802 225−248−1234 Fax: 225−248−1238 Email: greg.rome@romelawbr.com ATTORNEY TO BE NOTICED
Courtney King Humphrey Attorney at Law 315 T.J. Jemison Boulevard Baton Rouge, LA 70802 (225) 448−1888 Fax: (225)372−8586 Email: chumphrey@brgov.com ATTORNEY TO BE NOTICED
Deelee S Morris Office of the Parish Attorney P.O. Box 1471 Baton Rouge, LA 70821 225−389−3114 Email: dsmorris@brgov.com ATTORNEY TO BE NOTICED
represented by Tedrick K. Knightshead (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alan Gregory Rome (See above for address) ATTORNEY TO BE NOTICED
Courtney King Humphrey (See above for address) ATTORNEY TO BE NOTICED
Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 4 of 7

Celeste Brustowicz Burglass & Tankersley 5213 Airline Drive Metairie, LA 70001 504−836−2220 Fax: 504−836−2221 Email: cbrustowicz@burglass.com ATTORNEY TO BE NOTICED

Harry Joseph Philips , Jr. Taylor, Porter, Brooks & Phillips P. O. Box 2471 Baton Rouge, LA 70821 225−387−3221 Fax: 225−346−8049 Email: skip.philips@taylorporter.com ATTORNEY TO BE NOTICED

Defendant Louisiana Department of Public Safety

represented by Celeste Brustowicz (See above for address) ATTORNEY TO BE NOTICED

Harry Joseph Philips , Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant
Michael Edmonson Col., in his official capacity as Superintendent of the Louisiana State Police

represented by Celeste Brustowicz (See above for address) ATTORNEY TO BE NOTICED
Harry Joseph Philips , Jr. (See above for address) ATTORNEY TO BE NOTICED

Defendant East Baton Rouge Sheriff's Department

Defendant
Sid J. Gautreaux, III in his official capacity as Sheriff of the East Baton Rouge Sheriffs Department

Defendant
Kip Holden in his official capacity as the Mayor−President of East Baton Rouge Parish

represented by Tedrick K. Knightshead (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alan Gregory Rome (See above for address) ATTORNEY TO BE NOTICED

Courtney King Humphrey (See above for address) ATTORNEY TO BE NOTICED

Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 5 of 7

Defendant
Hillar C. Moore, III in his official capacity as District Attorney for East Baton Rouge Parish TERMINATED: 08/08/2016

represented by Dale R. Lee East Baton Rouge Parish District Attorney's Office 222 St. Louis Street 5th Floor Baton Rouge, LA 70802 225−389−3453 Fax: 389−5156 Email: dale.lee@ebrda.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/13/2016 07/13/2016
07/13/2016 07/14/2016
07/14/2016 07/19/2016
07/19/2016 07/19/2016

# Docket Text
1 COMPLAINT against City of Baton Rouge, Baton Rouge Police Department, Carl Dabadie, Jr, Louisiana State Police, Louisiana Department of Public Safety, Michael Edmonson, East Baton Rouge Sheriff's Department, Sid J. Gautreaux, III, Kip Holden, Hillar C. Moore, III ( Filing fee $ 400 receipt number 053N−1436649.), filed by American Civil Liberties Union of Louisiana. (Attachments: # 1 Attachment)(Sirmon, Candice) (Entered: 07/13/2016)
2 Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declarations A−D, # 3 Exhibit Declarations E−H, # 4 Exhibit Declarations I−M, # 5 Exhibit Declarations N−R, # 6 Exhibit Declarations S−X, # 7 Exhibit Declarations Y−BB, # 8 Exhibit Declarations CC−HH, # 9 Exhibit Declarations II−KK, # 10 Exhibit Declarations LL−MM)(Sirmon, Candice). Added MOTION for Preliminary Injunction on 7/13/2016 (NLT). Modified on 7/13/2016 to replace attachment 5, Exhibits N−R in order to correct the page orientation. (NLT). (Entered: 07/13/2016)
3 Letter to Attorney Candice C. Sirmon regarding Sima Atri who is Co−Counsel for party All Plaintiffs. Attorney is not admitted to practice in LAMD. (NLT) (Entered: 07/13/2016)
4 Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 7/14/2016, Set Deadlines/Hearing as to 2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 7/28/2016 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Findings of Fact and Conclusion of Law due before 12:00 p.m. on 7/25/2016. Witness and Exhibit List due by 7/21/2016. (Court Reporter G. Delatte−Richard.) (LLH) (Entered: 07/15/2016)
5 Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Status Conference held on 7/14/2016. The parties were encouraged to discuss the most efficient methods to share information and coordinate efforts moving forward. (SGO) (Entered: 07/18/2016)
6 Notice to Counsel: Telephone Conference set for 7/19/2016 at 3:00 PM before Judge John W. deGravelles. Counsel for Plaintiffs is responsible for issuing a dial in number to all parties and the Court for today's conference call.
Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.
(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) Modified on 7/19/2016 (KDC). (Entered: 07/19/2016)
7 NOTICE AND ORDER. Signed by Judge John W. deGravelles on 07/19/2016. (KDC) (Entered: 07/19/2016)
8 Notice to Counsel: Telephone status conference set for 7/19/2016 is CANCELED.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/19/2016)

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 6 of 7

07/20/2016 07/20/2016 07/20/2016 07/27/2016
08/04/2016
08/08/2016 08/18/2016 08/22/2016 08/23/2016 08/24/2016
08/24/2016 08/26/2016
09/07/2016 09/07/2016

9 Joint MOTION to Continue Trial by Michael Edmonson, Louisiana Department of Public Safety, Louisiana State Police. (Attachments: # 1 Proposed Pleading; Order)(Philips, Harry) (Entered: 07/20/2016)
10 ORDER granting 9 Motion to Continue. All deadlines fixed by the Court at the statusconference on July 14, 2016 are vacated and a telephone status conference will be held on the 4thday of August, 2016, at 11:30 A.M. Signed by Judge John W. deGravelles on 07/20/2016. (ELW) (Entered: 07/20/2016)
Set Hearings: Telephone Conference set for 8/4/2016 at 11:30 AM before Judge John W. deGravelles. (ELW) (Entered: 07/20/2016)
11 MOTION to Dismiss with Prejudice Plaintiffs' Complaint for Declaratory and Injuctive Relief and for Damages, Costs and Added MOTION for Attorney Fees on 7/28/2016 (TNB), by Hillar C. Moore, III. (Attachments: # 1 Memorandum in Support)(Lee, Dale). Modified on 7/28/2016 to edit the text and add motion (TNB). (Entered: 07/27/2016)
12 Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 8/4/2016. Counsel for all parties were present on the conference call. Counsel for Plaintiffs advised the Court that they do not oppose the Motion to Dismiss with Prejudice Plaintiffs' Complaint for Declaratory and Injunctive Relief, and for Damages, Costs and Attorney's Fees, with Respect to Defendant Hillar C. Moore, III, East Baton Rouge Parish District Attorney, (Doc. 11). The Court will enter an order dismissing Defendant, Hillar C. Moore, III. Telephone Conference set for 9/8/2016 at 08:30 AM in chambers before Judge John W. deGravelles. Counsel for Plaintiff is responsible for coordinating the conference call to the Court. The Court request that all parties participate in the conference call from a land line, if possible. (Court Reporter Gina Delatte−Richard.) (EDC) (Entered: 08/08/2016)
13 ORDER granting 11 Motion to Dismiss. Hillar C. Moore, III, District Attorney, is dismissed, with prejudice, from the above captioned suit. Signed by Judge John W. deGravelles on 08/05/2016. (EDC) (Entered: 08/08/2016)
14 MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney by All Plaintiffs. (Sirmon, Candice) (Entered: 08/18/2016)
MOTION(S) REFERRED: 14 MOTION to Substitute Justin P. Harrison in place of Candice C. Sirmon as Attorney . This motion is now pending before the USMJ. (EDC) (Entered: 08/22/2016)
15 MOTION to Enroll Celeste Brustowicz as Additional Attorney Of Record by Michael Edmonson, Louisiana Department of Public Safety, Louisiana State Police. (Attachments: # 1 Proposed Pleading; Order)(Philips, Harry) (Entered: 08/23/2016)
16 ORDER granting 14 Motion to Substitute Attorney. Justin Paul Harrison substituted as counsel Plaintiffs in this matter replacing Candice C. Sirmon. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/24/2016)
MOTION(S) REFERRED: 15 MOTION to Enroll Celeste Brustowicz as Additional Attorney Of Record. This motion is now pending before the USMJ. (EDC) (Entered: 08/24/2016)
17 ORDER granting 15 Motion to Enroll Additional Attorney. Added attorney Celeste Brustowicz as co−counsel for defendants Colonel Michael Edmonson, Louisiana Department of Public Safety and Louisiana State Police. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/26/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/26/2016)
18 NOTICE of Letter to Judge deGravelles Requesting 9−8−16 Telephone Status Conference be Postponed by Louisiana State Police (Philips, Harry) (Entered: 09/07/2016)
19 NOTICE of TELEPHONE CONFERENCE: Telephone Conference reset for 10/13/2016 at 10:00 AM before Judge John W. deGravelles. Counsel for Plaintiffs is responsible for coordinating the call to the Court. Counsel shall call the Court from a

Case: 3:16-cv-463 As of: 07/10/2018 09:13 AM CDT 7 of 7

09/07/2016 09/08/2016 09/09/2016
10/13/2016 10/31/2016 11/02/2016 11/04/2016 11/07/2016 11/07/2016
11/29/2016 12/05/2016 12/06/2016

land−line, if possible, in order to eliminate any extraneous noise. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/07/2016)
20 MOTION to Enroll Tedrick K. Knightshead as Attorney by City of Baton Rouge, Carl Dabadie, Jr, Kip Holden. (Attachments: # 1 Attachment Order)(Knightshead, Tedrick) (Entered: 09/07/2016)
MOTION(S) REFERRED: 20 MOTION to Enroll Tedrick K. Knightshead as Attorney . This motion is now pending before the USMJ. (EDC) (Entered: 09/08/2016)
21 ORDER granting 20 Motion to Enroll as Counsel of Record. Added attorney Tedrick K. Nightshead, Deelee S Morris, Alan Gregory Rome & Courtney King Humphrey as counsel for City of Baton Rouge, Carl Dabadie, Jr. and Kip Holden. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/9/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 09/09/2016)
22 Minute Entry for proceedings held before Judge John W. deGravelles. Telephone Conference held on 10/13/2016. Within 15 days, the parties shall file into the record a Notice advising the Court of the status of this matter. (Court Reporter G. Delatte−Richard.) (ELW) (Entered: 10/17/2016)
23 NOTICE of Status of Matter in response to 22 Telephone Conference, by All Plaintiffs. (Wilson, Ronald) Modified on 11/1/2016 to edit text(LLH). (Entered: 10/31/2016)
24 Certificate of Service re 23 Exhibit(s) (Wilson, Ronald) Modified on 11/2/2016 to edit text (ELW). (Entered: 11/02/2016)
25 MOTION to Substitute Bruce W. Hamilton in place of Justin P. Harrison as Attorney by All Plaintiffs. (Harrison, Justin) (Entered: 11/04/2016)
MOTION(S) REFERRED: 25 MOTION to Substitute Bruce W. Hamilton in place of Justin P. Harrison as Attorney . This motion is now pending before the USMJ. (LLH) (Entered: 11/07/2016)
26 ORDER granting 25 Motion to Substitute Attorney. Bruce Warfield Hamilton substituted as counsel of record for plaintiffs American Civil Liberties Union of Louisiana, Black Youth Project 100, Louisiana Chapter of the National Lawyers Guild, New Orleans Workers' Center for Racial Justice and North Baton Rouge Matters replacing Justin P. Harrison as counsel for plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/7/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/07/2016)
27 MOTION to Dismiss by All Plaintiffs. (Attachments: # 1 Attachment Memorandum of Undestanding, # 2 Attachment Signature Pages, # 3 Proposed Pleading;)(Wilson, Ronald) (Entered: 11/29/2016)
28 MOTION to Dismiss by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Pleading;)(Wilson, Ronald) (Entered: 12/05/2016)
29 ORDER granting 28 Motion to Dismiss with prejudice and reserving to each party the right to institute proceedings in this court for violations of the Memorandum of Understanding, which is attached to, and made a part of, the Motion to Dismiss. Signed by Judge John W. deGravelles on 12/05/2016. (ELW) (Entered: 12/06/2016)