Doe v. Foti

JI-LA-002-001 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

JOHN DOE, a minor by his Next )

Friend and mother, Mary Doe, )

and JAMES DOE, a minor by his )

Next Friend and mother, BETTY )

DOE, DAVID DOE, a minor by )

his Next Friend and mother, )

JANE DOE, on behalf of

)

themselves and all others

)

similarly situated,

)

Plaintiffs, )

)

vs.

)

CHARLES FOTI, in his official )

capacity as Criminal Sheriff )

of Orleans Parish; EARL

)

WEAVER, JR., in his official )

capacity as Warden; SIDNEY )

BARTHELEMY, in his official )

capacity as Mayor of the

)

City of New Orleans;

)

ORLEANS PARISH SCHOOL BOARD; )

ANITA H. GANUCHEAU,

)

ERNESTINE S. GRAY,

)

GEORGE "BUZZYH KIEFER,

)

LAWRENCE L. LAGARDE, JR.,

)

SALVADORE T. MULfi and

)

C. HEARN TAYLOR, in their

)

official capacity as Juvenile )

Court Judges of Orleans

)

Parish; RICHARD L. STALDSR, )

Secretary, Department of

)

Public Safety and Corrections,)

State of Louisiana; and

)

EDWIN W. EDWARDS, in his

)

official capacity as Governor )

of the State of Louisiana, )

) Defendants. )

Civil No.
CIVIL RIGHTS COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF
(CLASS ACTION)
93-12 27
SECT.MMAG.6

INTRODUCTORY STATEMENT 1. This is a civil rights class aqtion challenging conditions of confinement for juveniles in the Conchetta Facility, Orleans Parish Prison, in New Orleans, Louisiana, and the policies and practices of defendants of confining juveniles in that Detention Center. Plaintiffs JOHN DOE, through Mary Doe, his mother and Next Friend, JAMES DOE, through his mother and Next Friend, BETTY DOB, and DAVID DOE, through his mother and Next Friend JANE DOE, bring this action for declaratory, injunctive, and other equitable relief on behalf of themselves and all other juveniles similarly situated who are, have been, or will in the future be confined in the Conchetta Facility, Orleans Parish Prison and subjected by defendants to cruel, unconscionable, and illegal conditions of confinement in the Conchetta Facility and to illegal incarceration in the Conchetta Facility. 2. Plaintiffs bring this suit to redress defendants' violations of federal constitutional and statutory rights. This suit is brought pursuant to the Civil Rights Act, 42 U.S.C. S 1983; The Individuals with Disabilities Education Act (-P.L. 94-142"), 20 U.S.C. SS 1401 g£fiS3«>and its implementing regulations at 34 C.F.R. SS 300, s£ seq: Section 504 of the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. S 794, and its implementing regulations at 34 C.F.R. SS 104 et sea? and the First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the United States

Constitution, as more particularly set forth in this Complaint. Plaintiffs also bring this action under applicable Louisiana constitutional provisions and statutes.
JURISDICTION 3. This Court has jurisdiction of this action under 28 U.S.C. S 1343(3), this being an action to redress the deprivation, under color of state law, of rights secured by the U.S. Constitution of the United States; the Civil Rights Act, 42 U.S.C. S 1983; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. S 794; and The Individuals with Disabilities Education Act, 20 U.S.C. SS 1400, g£ Beg. 4. This Court also has jurisdiction of this action under 28 U.S.C. S 1343(4), this being an action to secure declaratory, injunctive, and other equitable relief under Acts of Congress providing for the protection of civil rights, specifically, the Civil Rights Act, Section 504 and P.L. 94-142. 5. This Court also has jurisdiction of this action under 28 U.S.C. S 1331(a), this being an action in which the matter in controversy arises under the Constitution and laws of the United States. 6. This Court has jurisdiction to issue declaratory relief under 28 U.S.C. SS 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure. 7. This Court has jurisdiction under 28 U.S.C. S 1367

of plaintiffs' state law claims which are so related to the federal claims in this action that they form part of the same case or controversy under the Constitution and laws of the United States.
PLAINTIFFS 8. Plaintiff John Doe is 15 years old and a citizen of the United States. At all relevant times, he has resided in Orleans Parish, Louisiana. During the month of February, 1993 he was taken into custody and incarcerated in the Conchetta Facility, Orleans Parish Prison awaiting an adjudication or disposition hearing. He has since been adjudicated and is confined at.Conchetta awaiting disposition pursuant to Article 822 of the Louisiana Children'8 Code. He sues through his mother and next friend, Mary Doe. 9. Plaintiff James Doe is 17 years old and a citizen of the United States. At all relevant times, he has resided in Orleans Parish, Louisiana. During the month of October, 1992 he was taken into custody and incarcerated by defendants in the Conchetta Facility, Orleans Parish Prison pending an adjudication and disposition hearing. He was subsequently adjudicated and committed to the custody of the State Department of Public Safety and Corrections. He currently remains incarcerated in the Conchetta Facility and committed to the State Department of Public Safety and

~)
Corrections. He sues through his mother and next friend, Betty Doe.
10. Plaintiff David Doe is 16 years old and a citizen of the United States. At all relevant times, he has resided in Orleans Parish, Louisiana. During the month of March, 1992 he was taken into custody and incarcerated by defendants in the Conchetta Facility, Orleans Parish Prison. He was subsequently adjudicated and committed to the custody of the State Department of Public Safety and Corrections. He currently remains incarcerated in the Conchetta Facility and committed to the State Department of Public Safety and Corrections. He sues through his mother and next friend, Jane Doe.
DEFENDANTS 11. Defendant Charles Foti is the Criminal Sheriff for the Parish of Orleans, Louisiana. As such, this defendant is the keeper of the parish jail pursuant to Louisiana Revised Statutes S 15i704 and thus responsible for operating the Conchetta Facility, Orleans Parish Prison and insuring that persons confined therein are properly cared for, fed and clothed. This defendant is sued in his official capacity. 12. Defendant Earl Weaver, Jr. is the Warden of the Conchetta Facility, Orleans Parish Prison. As such, this defendant is responsible for supervising Conchetta Facility

personnel and insuring that the children confined therein are properly cared for. This defendant is sued in his official capacity.
13. Defendant Sidney Barthelemy is the Mayor of the City of New Orleans. As such, this defendant is responsible for the expense of operating a program for pre-adjudicated juveniles in the Orleans Parish Prison, pursuant to city ordinance, and for the expenses of establishing, maintaining, and operating the Orleans Parish Prison, pursuant to Louisiana Revised Statutes 15*702 and 33:1523.1.
14. Defendant Orleans Parish School Board is responsible pursuant to Louisiana Revised Statutes S 17.81(A) for implementing the state's general school law in the Orleans parish. This defendant is also responsible, pursuant to Louisiana Revised Statutes 17:1947, for the delivery of services to exceptional children, including (1) special education and related services, personnel and programs; (2) alternative educational settings; (3) appropriate materials and supplies, equipment, and other media necessary for the provision of special education and related services; and (4) individualized educational plans.
15. Defendants Anita H. Ganucheau, Ernestine S. Gray, George "Buzzy" Kiefer, Lawrence L. Lagarde, Jr., Salvadore T. Muld and C.Hearn Taylor are Juvenile Court Judges-of Orleans Parish. As such they exercise jurisdiction over children brought before them in Juvenile Court pursuant to
r ••

Louisiana Children's Code Art. 302 and have the power, pursuant to Louisiana revised Statutes S 13t1578, to arrange with any institution or agency to receive for temporary care children within the jurisdiction of the court. Defendant Juvenile Court Judges have arranged with Defendant Foti for the temporary care of children within the jurisdiction of the court in facilities operated by the Orleans Parish Criminal Sheriff's Office and have ordered pursuant to Louisiana Children's Code Art. 822 and 886 children to be incarcerated in the Conchetta Facility pending adjudication and disposition of their cases. Said defendants are sued in their official capacity.
16. Defendant, Richard L. Stalder, as the Secretary of the Department of Public Safety and Corrections, for the State of Louisiana, is responsible pursuant to Louisiana Revised Statutes S 36x403 for the policies, administration control and operation of the functions, programs and affairs of the Department of Public Safety and Corrections. As such, this defendant is responsible for insuring that all children committed to the custody of the Department of Public Safety and Corrections, including those children who have been committed to the DOC and are incarcerated in the Conchetta Facility, receive appropriate treatment, training, and education commensurate with their needs and abilities pursuant to Louisiana Revised Statutes S 15»905A. This defendant is sued in his official capacity.

17. Defendant Edwin W. Edwards Is the Governor of the State of Louisiana. As such, this defendant Is responsible pursuant to L.R.S S 36x403 for the general control and supervision of the State Department of Public Safety and Corrections and Its Secretary.
18. All policies, practices and omissions complained of In this action are the official practices, customs and usages of defendants.
CLASS ACTION 19. Plaintiff8 John Doe, James Doe and David Doe bring this action on behalf of themselves and all others similarly situated, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. The class consists of all juveniles who are currently, have been or will be In the future confined In the Conchetta Facility, Orleans Parish Prison. 20. The members of the class are so numerous that joinder of all members Is Impracticable. In addition, there are questions of law and fact common to the members of the plaintiff class regarding practices of the defendants, and the claims of the named plaintiffs are typical of the claims of the members of the plaintiff class. Named plaintiffs and this counsel will fairly and adequately protect the interests of the members of the class. 21. By their policies, the defendants have acted and
8

continue to act in a manner generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole.
22. The injuries suffered by the named plaintiffs and the members of the plaintiff class are a result of the policies and practices of defendants and are capable of repetition, yet may evade review, thereby making class relief appropriate.
FACTUAL ALLEGATIONS Conditions of Confinement Allegations Juvenile Detention and the Physical Plant 23. The Orleans Parish Sheriff's Office operates several secure parish prison facilities in New Orleans, Louisiana. 24. Juveniles are incarcerated in the facility located at 2622 Tulane Avenue, New Orleans, Louisiana. This facility is referred to as the Conchetta Facility. This facility was not constructed as a separate detention center for juveniles. The Conchetta Facility does not provide the environment, programs or services that an appropriate juvenile detention center should provide. 25. Defendants incarcerate plaintiffs in dormitories on the first, second and third floors of the facility. Each dormitory consists of a series of triple tier bunk beds around the perimeter of the foom with tables and benches
9

bolted to the floor in the middle of the room. There are 5 toilets and 4 showers per dorm.
26. Defendants fail to maintain an environment free from vermin and roach infestation. Juveniles eat in their living units and store leftovers and commissary items in direct proximity to their beds, further exacerbating the vermin and roach infestation problems.
27. Defendants fail to provide plaintiffs with adequate basic supplies and appropriate clothing such as pillows, bed sheets, deodorant, socks, shoes, underwear and seasonally appropriate clothing to enable plaintiffs to maintain personal hygiene. Defendants only provide plaintiffs with a toothbrush, toothpaste, a cup, soap and one uniform. Soap, toilet paper, toothpaste, and toothbrushes are frequently unavailable. Plaintiffs are required to purchase or otherwise provide themselves with basic supplies not provided or not available from defendants. No exceptions are made for juveniles who cannot afford to purchase or otherwise obtain these basic supplies.
28. Laundry practices in the Conchetta Facility are inadequate to ensure the return of clothing. As a result, juveniles do not turn in their dirty clothes for laundering and launder them in toilets and sinks.
29. Ventilation, heating, and cooling in the Conchetta
Facility are inadequate. Juveniles often suffer in
oppressively cold or hot conditions. The problem is
10

compounded by the fact that juveniles are not Issued seasonally appropriate clothing.
30. Defendants do not provide juveniles In the Conchetta Facility with meals adequate in quantity and quality. Food service and food transport practices are unsanitary. Food is frequently stored on the floor next to dirty linens and garbage awaiting service.
Supervision by Staff 31. Defendants have not implemented or promulgated rules and regulations for the proper handling and treatment of children who are detained in the Conchetta Facility.
Training and Supervision of Staff 32. Defendants do not employ Conchetta Facility personnel who are trained in identifying and responding to problems of juveniles. Defendants' failure to employ adequately trained staff results in lack of attention to plaintiffs' problems during confinement, lack of appropriate assessment of plaintiffs' physical, mental, emotional and spiritual needs and lack of remedial programming. Such failure subjects plaintiffs to serious harm from institutional personnel, other detainees and themselves as well as neglect for their general well-being. 33. Defendants do not hire program personnel who can respond to and provide for the needs of plaintiffs in the
11

Conchetta Facility. 34. Defendants do not adequately supervise Conchetta
Facility personnel who are responsible for the care of plaintiffs in the Conchetta Facility.
Classification 35. Defendants have failed to develop and implement a classification system for children incarcerated in the Conchetta Facility. As a result, children are arbitrarily and inappropriately housed. 36. Defendants also house on a separate tier children from court8 of juvenile jurisdiction other than Orleans Parish.
Mental Health, Dental, and Medical Care 37. Defendants fail to provide adequate medical, dental, or psychological screening or examination for plaintiffs when plaintiffs are taken into custody. Defendants fail to provide regular dental, medical, or mental health services to plaintiffs. Defendants' suicide intervention and prevention measures are inadequate to appropriately handle suicidal acts and gestures of juveniles in the Conchetta Facility.
Overcrowding
38. The Conchetta Facility, Orleans Parish Prison is
12

often overcrowded and fails to provide an adequate environment for its juvenile detainees. Consequently, many juveniles suffer forced idleness. Juveniles are confined in their housing unit all day for months on end with absolutely nothing to do. Moreover, the level of danger increases since staff are undertrained and do not monitor properly. As a result, juveniles act out, become aggressive, fight, and eventually spend long amounts of time in segregation.
Education 39. Defendants do not provide children with any appropriate educational program. Children go to school approximately 5 hours per week. Children who are on disciplinary lock-down do not receive any educational program.
Special Education 40. Defendants fail to properly identify and assess children with special education needs and fail to provide appropriate special education and related services to children while in the Conchetta Facility.
Programming 41. Defendants do not provide children with any appropriate indoor or outdoor activities while at the Conchetta Facility. Defendants subject plaintiff children
13

to long periods of forced idleness. The only activities available to children in the Conchetta Facility are television, cards, and limited physical exercise. Exercise consists of, at best, a one hour period five times per week during which the only available activity is basketball or military drill type calisthenics. Basketball consists of a series of five on five games in which the winning team continues to play and the losing team must leave the court. Thus, only a few juveniles will engage in the one activity available during an unrestricted activity period. Calisthenics under military drill type conditions are the only other physical exercise activity provided. There are no games, exercise equipment or activities.
42. Defendants fail to provide children incarcerated in the Conchetta Facility with any appropriate reading materials. Defendants prohibit children from having books. The only reading materials provided are religious pamphlets. Children are allowed to purchase periodicals from the commissary or have periodicals mailed to them. Ho provision is made for juveniles who cannot afford to purchase reading materials.
Visitation 43. Defendants fail to provide adequate opportunities
for children to have visits from family members and friends.
Visitation is only allowed once a week on Saturday mornings
14

or afternoons. Visitors must have some form of state issued identification. There is no waiting area for visitors inside the facility. Visitors are required to stand outside, rain or shine, while waiting to visit. Visits are limited to 15 minutes per visitor. Children are not allowed to touch their family members during visits since all visiting is done through a glass partition. Children who are on lock-down or are in a unit which is being disciplined as a group are denied visitors.
Discipline- and Segregation 44. Defendants do not have appropriate policies, procedures, and training regarding discipline and isolation practices. As a result, juveniles are subjected to unduly harsh discipline and to long periods of segregation for minor incidents. 45. As a result of defendants' policies, practices, acts and omissions, described herein, plaintiffs' confinement by defendants in the Conchetta Facility, Orleans Parish Prison is cruel, harsh, punitive and oppressive.
Knowledge of the Defendants 46. Defendant Charles Foti is the Criminal Sheriff for the Parish of Orleans, Louisiana. As such, this defendant
is keeper of the parish jail pursuant to Louisiana Revised
Statutes S 15:704 and thus responsible for operating the
15

Conchetta Facility, Orleans Parish Prison and insuring that persons confined therein are properly cared for, fed and clothed. In such capacity defendant Foti knows or should know that children are being confined in unconstitutional conditions in the Conchetta Facility, Orleans Parish Prison. By allowing said conditions to continue, defendant has breached his duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants mentioned herein for violations of plaintiffs' constitutional rights.
47. Defendant Earl Weaver, Jr. is the Warden of the Conchetta Facility. As such, this defendant is responsible for the day-to-day operation of the facility. In such capacity defendant Weaver knows or should know that children are being confined in unconstitutional conditions in the Conchetta Facility. By allowing said conditions to continue, defendant has breached his duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants mentioned herein for violations of plaintiffs' constitutional rights.
48. Defendant Sidney Barthelemy is the Mayor of the City of New Orleans. As such, this defendant is responsible, pursuant to city ordinance, for the expenses of operating a program for pre-adjudicated juveniles in the Orleans Parish Prison and for the expenses of establishing, maintaining, and operating the Orleans Parish Prison,
16

pursuant to Louisiana Revised Statutes 15t702 and 33x1523.1. In such capacity defendant Barthelemy knows, or should know, that children are being confined in unconstitutional conditions in the Conchetta Facility, Orleans Parish Prison. By allowing said conditions to continue, defendant has breached his duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants mentioned herein for violations of plaintiffs' constitutional rights.
49. Defendant Orleans Parish School Board is responsible under Louisiana law for implementing the state's general school law in Orleans Parish. Louisiana Revised Statutes 17t81(A). This defendant is also responsible for the delivery of services to exceptional children, including (1) special education and related services, personnel and programs; (2) alternative educational settings; (3) appropriate materials and supplies, equipment, and other media necessary for the provision of special education and related services; and (4) individualized educational plans. Louisiana Revised Statutes 17t1947. In such capacity, the defendant school board knows or should know that children incarcerated in Orleans Parish Prison are being denied the education to which they are entitled. By allowing said conditions to continue, defendant has breached its duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants
17

mentioned herein for violations of plaintiffs constitutional rightB.
50. Defendants Anita H. Ganucheau, Ernestine S. Gray, Lawrence L. Lagarde Jr., Salvadore T. Mul6 and C. Hearn Taylor are Juvenile Court Judges of Orleans Parish. As such they exercise jurisdiction over children brought before them in Juvenile Court pursuant to Louisiana Children's Code Art. 302 and have the power, pursuant to Louisiana revised Statutes S 13i1578, to arrange with any institution or agency to receive for temporary care children within the jurisdiction of the court. Defendant Juvenile Court Judges have arranged with Defendant Foti for the temporary care of children within the jurisdiction of the court in facilities operated by the Orleans Parish Criminal Sheriff's Office and have ordered pursuant to the Louisiana Children's Code Art. 822 and 886 children to be incarcerated in the Conchetta Facility pending adjudication and disposition of their cases. In such capacity defendants know or should know that children are being confined in unconstitutional conditions in the Conchetta Facility, Orleans Parish Prison. By allowing said conditions to continue, defendants have breached their duty and are responsible in part for said conditions. These defendants therefore share responsibility with other defendants mentioned herein for violations of plaintiffs constitutional rights.
51. Defendant Richard L. Stalder, as Secretary of the
18

Department of Public Safety and Corrections for the State of Louisiana, is responsible pursuant to Louisiana Revised Statutes S 36t403 for the policies, administration control and operation of the functions, programs and affairs of the Department of Public Safety and Corrections. As such, this defendant is responsible for insuring that all children committed to the custody of the Department of Public Safety and Corrections, including those children who have been committed to the Department of Public Safety and Corrections and are incarcerated in the Conchetta Facility, receive appropriate treatment, training, and education commensurate with their needs and abilities pursuant to Louisiana Revised Statutes S 15i905A. in such capacity defendant Stalder knows or should know that children are being confined in unconstitutional conditions in the Conchetta Facility, Orleans Parish Prison. By allowing said conditions to continue, defendant has breached his duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants mentioned herein for violations of plaintiffs' constitutional rights.
52. Defendant Governor Edwin W. Edwards is responsible pursuant to L.R.S. S 36:403 for the general control and supervision of the State Department of Public Safety and Corrections and its Secretary. In such capacity defendant knows or should know that children committed to the custody of the Department of Public Safety and Corrections are being
19
- T'

confined in unconstitutional conditions in the Conchetta Facility, Orleans Parish Prison. By allowing said conditions to continue, defendant has breached his duty and is responsible in part for said conditions. This defendant therefore shares responsibility with other defendants mentioned herein for violations of plaintiffs constitutional rights.
NECESSITY FOR INJUNCTIVB RELIEFS NO ADEQUATE REMEDY AT LAW 53. Defendants regularly subject plaintiffs to the
cruel, unconscionable and illegal conditions of confinement described above. Defendants have similarly confined and detained juveniles in the Conchetta Facility, Orleans Parish Prison under such conditions in previous years and defendants will continue to confine juveniles under such conditions in the future unless plaintiffs are granted the relief requested herein.
54. As a proximate result of the policies, practices, acts and omissions of defendants complained of herein, plaintiffs have suffered and continue to suffer serious and irreparable physical, psychological, mental, emotional and spiritual injuries. 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, act and omissions of the defendants unless this Court grants the injunctive relief
20
- T•

which plaintiffs seek.
LEGAL CLAIMS 55. For plaintiffs' claims, each enumerated below, they reallege paragraphs 1 through 54 above, as if fully set forth herein, in each and every statement or claim, and further allege:
FIRST CLAIM (Unconstitutional Conditions of Confinement - Pre
Adjudication)
56. Defendants' policies, practices, acts and omissions complained of herein, and specifically defendants' subjection of plaintiffs prior to adjudication and disposition to the cruel, unconscionable and illegal conditions of confinement in the Conchetta Facility, Orleans Parish Prison deprive plaintiffs of due process of law, in violation of the Fourth, Eighth and Fourteenth Amendments to the United States Constitution; violate plaintiffs' rights to freedom of association guaranteed by the First and Fourteenth Amendments to the United States Constitution; violate plaintiffs' right to privacy, guaranteed by the First, Fourth, Fifth, Ninth and Fourteenth Amendments to the United States Constitution; violate plaintiffs' rights under 42 U.S.C. S 1983; and violate plaintiffs' rights under Louisiana law.
21

SECOND CLAIM (Unconstitutional Conditions of Confinement-Post
Adjudication and Disposition)
57. Defendants' policies, practices, acts and omissions complained of herein, and specifically defendants' subjection of plaintiffs after adjudication and disposition to the cruel, unconscionable and illegal conditions of confinement in the Conchetta Facility, Orleans Parish Prison deprive plaintiffs equal protection and due process of law, in violation of the Fourth, Eighth and Fourteenth Amendments to the United States Constitution; violate plaintiffs' rights to freedom of association guaranteed by the First and Fourteenth Amendments to the United States Constitution; violate plaintiffs' right to privacy, guaranteed by the First, Fourth, Fifth, Ninth and Fourteenth Amendments to the United States Constitution; violate plaintiffs' rights under 42 U.S.C. S 1983; and violate plaintiffs' rights under Louisiana law.
THIRD CLAIM (Special Education) 58. Defendants' policies, practices, acts and omissions complained of herein, and specifically defendants' failure to properly screen disabled or potentially disabled juveniles for special education needs, develop Individualized Education Plans, utilize trained personnel for screening, referral and implementation of special
22

education, and failure to provide any special education and related services to disabled youth incarcerated in the Conchetta Facility, violate The Individuals with Disabilities Education Act, 20 U.S.C. SS 1401, s& sea.. and its implementing regulations at 34 C.F.R. SS 300, at seq.: Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. S 794, and its implementing regulations at 34 C.F.R. SS 104 St Beg.; and the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution.
PRAYER FOR RELIEF
WHEREFORE, plaintiffs pray that this Courti A. Assume jurisdiction of this action; B. Permit this action to proceed in forma pauperis; C. Permit plaintiffs to proceed in pseudonym; D. Issue an order certifying this action to proceed as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure; E. Issue a declaratory judgment pursuant to 28 U.S.C. Sections 2201 and 2202, and Rule 57 of the Federal Rules of Civil Procedure, that the policies, practices, acts and omissions complained of hereini
(1) subject plaintiffs to denial of equal protection and due process of law, guaranteed by the Fourteenth Amendment to the United States Constitution;
23

(2) violate plaintiffs' right to freedom of association guaranteed by the First and Fourteenth Amendments to the United States Constitution;
(3) violate plaintiffs' federal statutory rights under The Individuals with Disabilities Education Act, 20 U.S.C. SS 1401, e£ sea.. and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. S 794 and
(4) violate plaintiffs' rights under Louisiana law.
F. Issue preliminary and permanent injunctions prohibiting the defendants from confining plaintiffs in the Conchetta Facility, Orleans Parish Prison, or, in the alternative, issue preliminary and permanent injunctions sufficient to rectify the unconstitutional acts and omissions and statutory violations alleged herein, as follows:
(1) Restraining and prohibiting the defendants from failing to provide plaintiffs with any of the following during their periods of confinementsi
(a) adequate supervision of Conchetta Facility personnel;
(b) adequate programming and other activities;
(c) an adequate educational program; (d) adequate identification, evaluation and
assessment of special education need and
24

provision of appropriate special education and related services, (e) adequately qualified and trained Conchetta Facility personnel; (£) adequate rules and regulations for the proper handling and treatment of plaintiffs; (g) appropriate indoor activity, outdoor activity and appropriate large muscle activity; G. Issue preliminary and permanent injunctions restraining and prohibiting all defendants from transferring any plaintiff to any other detention center or any other facility where there exist the conditions complained of herein. H. Order the defendants to develop and implement a comprehensive plan for the correction of the unlawful policies, practices, acts and omissions complained of herein, and to submit this plan to the Court and to the attorneys for plaintiffs for review. I. Appoint a Special Master to review and insure implementation of the plan to be submitted by defendants and to protect the rights of plaintiffs during the pendency of this action. J. Retain jurisdiction over the defendants until such time as the Court is satisfied that their unlawful policies,
25

practices, acts and omissions complained of herein no longer exist and will not recur.
K. Award plaintiffs the cost of this proceeding and attorneys' fees under 42 U.S.C. Section 1988.
L. Issue such other and further relief as to this Court seems just and proper. Dated:
Respectfully submitted,
Attorney at Law 700 Camp Street New Orleans. LA 70130 (504) Richard Cook, LA Bar #21248 Attorney and Counsellor at Law P.O. Box 13664 New Orleans, LA 70185 (504) 865-9695 Attorneys for Plaintiffs
26

 
 CBCABBX r

t*.J,

MAY 2O,

1994

UNITED STATES DISTRICT COURT

\f\fct

EASTERN DISTRICT OF LOUISIANA

JOHN DOE, ET AL

CIVIL ACTION

VERSUS

NUMBER: 93-1227

CHARLES C. FOTI, J R . , ET AL

SECTION: "LLMM(5)

A conference was conducted in the above matter this date.

PRESENT: Patricia Bowers

George White

John Weeks

II II11 III HI

D°evFoti

Robert Rees

II II11 III |||| | || || || | || || |

JI-LA-002-002

The wording of the proposed consent decree was discussed

among counsel. As to certain areas where there was disagreement,

the court made various suggestions. If there is still disagree-
i
ment in the wording of the document as of the next meeting with the court, a further date for an evidentiary hearing will be set.
Counsel for the State and/or the State's representative from the Department of Corrections shall meet with Chief Michael Geerken to establish the parameters of the training program which the State will implement relative to guards at the juvenile facility. This meeting shall occur on or before May 31st so that the matter may further be discussed at the next conference with the court which shall go forward on May 31, 1994 at 10:00 a.m. before the undersigned.

.EEE. PROCESS x CHARGE
—1 HEARING!
DOCUMENT No.

ITED STATES MAGISTRATE JUDGE

T '

 
 Doe v. Foti

" B ^ W ' B " H H V I H * H B * • • H H a w a H M B I • • • • laMBf • BBBiBai • • • • • • • • • • • • • I I H I I • • • • • • • • • • t V H I • • • ¥
JI-LA-002-007 THE UNITED STATESJ^ISTRICT COURT FOR
THE EASTERN IMS1R1Cr OF LOUISIANA

JOHN DOE, el al

Plaintiffs
v.
CHARLES FOTI. et al, Defendants

CIVIL ACTION NO 93-1227 Section LLM(5)
MAGISTRATE CHASHZ

FILED - • V..;;VTE

CONSENT DECREE

In 1986 the Mayor of the City of New Orleans, Sidney Barthelemy, and the juvenile court

judges of the City of New Orleans requested that Sheriff Foti house 10 juvenile detainees because

there was overcrowding at the Youth Studies Center operated by the City of New Orleans. Although

Sheriff Foti had no statutory obligation to receive these juveniles for housing, he agreed to house

these juveniles as an accommodation to the Mayor and the juvenile judges in order to keep the

juvenilesfrombeing released Subsequent to this initial arrangement, the Sheriff established a juvenile

housing area to receive inmatesfromthe juvenHe court justice system who could not be housed at

r.he Youth Studies Center The numbers rose gradually from 10 to almost 300 over the next ten

years. Pursuant to Federal Court Order a population cap of 1 SO was placed on the juvenile facility

operated by Sheriff Foti. The juveniles housed at the facility operated by Sheriff Foti are housed there

because the Mayor of the City of New Orleans and the juvenile court judges of the City of New

Orleans requested that Sheriff Foti assist them in providing a place for the housing of juveniles who

could not be placed at the Youth Studies Center.

Fee. Pcbcess^q^ X JDktd

This action, brought as a class action on behalf of all present andfiiturejuveniles housed in the Conchetta Facility of the Orleans Parish Prison system alleges, inter alia that certain conditions and practices violate the United States Constitution. The remaining defendants herein are Charles C. Foti, Jr., as Orleans Parish Criminal Sheriff, Warden Earl Weaver, Jr.; Marc Morial, Mayor of the City ofNew Orleans; the Orleans Parish School Board; Richard Stalder, Secretary of the Louisiana Department ofPublic Safety and Corrections; and Mike Foster, Governor of the State ofLouisiana.
Although the Sheriff categorically denies the allegations, he believes it will be in the best interests of the safety of the citizens of the City of New Orleans, the SheriflPs Office, and the 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.
It is not the intention of the Sheriff in entering into this Consent Decree to provide to any juveniles 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 laws or under federal or state court decisions of courts having jurisdiction over. them. Consequently, if federal or state law or jurisprudence is subsequently modified so as to change minimal constitutional requirements, or liberty interests, the Sheriff and Plaintiffs reserve 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 laws or jurisprudence.
Notwithstanding any other provision herein, the provisions of Rule 60, Fed.RXiv.P., shall govern any petition for modification of this consent decree.
With the full and informed consent of all parties, 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) Construct an indoor gym/educational facility containing approximately 10,000 square feet of space next to the site of the Conchetta facility, said facility to be completed on or before April 1, 1998, Juveniles will receive one (1) hour of large muscle exercise daily, some of which must be outdoor, weather permitting and one (1) hour of structured recreational programming daily during the week and two (2) hours of recreational programming dally on weekends. When the gym is constructed the Sheriff agrees to reconsider his current p&licy of recreation for juveniles on disciplinary confinement. (B) The Sheriff will institute written policies and procedures which establish a classification system that determines the juveniles':
Age, Prior criminal behavior; Prior institutional commitments, if any; Level of drug or chemical abuse; Gang affiliation, if any; Suicide potential; Prior commitment to a psychiatric institution; Ward of residence, and Current instant offense Dormitory assignments will then be made accordingly, as determined by a. trained intake deputy.
r - •

(C) Each juveniJe, not on disciplinary, shall be permitted visitation periods on two separate days per week, one of which shall be on a week day. Each visitation period shall be 30 minutes.

Agreed this fo day of February, 1997 at New Orleans, Louisiana.

USRY & WEEKS

BY:: T. ALLEN USRY, T.A. LSBN \mTy FREEMAN R. MATTHEWS LSBN405O MAUREEN B. JENNINGS LSBN 3100 P.O Box 6645 2800 Veterans Memorial Blvd Metairie, Louisiana 70009-6645 (504) 833-4600

CHARLES C. FOTI, JR. ORLEANS PARISH CRIMINAL SHERIFF

Attorneys tor SheriffFoti
P
JAMES BELL LSBN Law] Center 114 Sansome Street Suite 950 San Francisco, California 94104-3820
Attorney for plaintiffs

IT IS ORDERED that theforegoingagreement be and it is hereby approved as an order of this Court, this / MUav ofldbaay, 1997.
ED STTfflES DISTRICT JUDGE

 
 Doe v. Foti

H

HBP

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• • HH

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JI-LA-002-008

HIED US OiSTRICT CO'W
5 3 53 PM '97
LOF.t «?AG. WH'HE CLERK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

JOHN DOE, ETAL VERSUS CHARLES C. FOTI, JR., ET AL

CIVIL ACTION NO. 93-1227 SECTION LLM (5)

JUDGMENT
The Court having approved the Report and Recommendation of the United States Magistrate Judge and having adopted it as its opinion herein; accordingly,
IT IS ORDERED, ADJUDGED AND DECREED that the Consent Decree agreed to by plaintiffs and the Sheriff be approved and adopted as an order of the Court.
Dated at New Orleans, Louisiana, thi^

DATEOFEKTW NOVJL61997

ITEDXTATES DISTRICT JUDGE
Process

 
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SUDANI IIUKKl'M IMAKIA I , KAMIl SIIANVAM HII H! I!
WASHINGTON. DC.

June 10,1997
Allen Usiy Usry & Weeks Attorneys at Law 2800 Veterans Memorial Boulevard, Suite 180 Post Office Box 6645 Metaire, LA 70009-6645

Doe v. Foti JI-LA-002-003

Re: Doe_v. Foti CA # 93-1227

Dear Allen:

As you know both parties signed a settlement agreement resolving the issues of classification, recreation and visitation in the above captioncd litigation. As part of that resolution, Magistrate Judge Chasez stated that she would set up quarterly monitoring in order for plaintiffs to determine if the items agreed upon are in effect.

At this time, Magistrate Chasez has not written an Order memorializing the agreement. However, I would like you to let me know the current situation at Conchetta regarding the implementation of the settlement agreement

Specifically, please indicate the current status re: a) the gymnasium; b) provision of additional time for recreation; c) the implementation of the classification policy; d) provision of visitation; and e) the provision of three meals daily.

1 look forward to hearing an update from you soon. Thank you for your consideration in this matter.

Bell ittomeyJor Plaintiffs
JBxm cc: Magistrate Alma Chasez
1.14 San so me Street, Suite 951) • San Francisco, California 94104-3820 • 415-543-3379 FAX 415-956-9022

 
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CLOSED, MAG-5, R&R
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:93-cv-01227-LLM

Doe, et al v. Foti, et al Assigned to: Judge Lansing L. Mitchell Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff
John Doe a minor by his next friend and mother, Mary Doe

Date Filed: 04/14/1993 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Steven Robert Scheckman Judiciary Commission of Louisiana Office of Special Council 601 St. Charles Ave. New Orleans, LA 70130-2014 (504) 568-8299 LEAD ATTORNEY
George Henry Troxell, III George Troxell Law Office 4330 Canal St. Ground Floor New Orleans, LA 70119-5945 504-488-8800 ATTORNEY TO BE NOTICED
James Raymond Bell Youth Law Center 417 Montgomery St. Suite 900 San Francisco, CA 94104 (415) 543-3379 ATTORNEY TO BE NOTICED
Jerry L. Speir Jerry L. Speir, Attorney at Law 8318 Zimpel St. New Orleans, LA 70118 (504) 866-1809 Email: jerryspeir@hotmail.com TERMINATED: 07/05/1995 ATTORNEY TO BE NOTICED
Maria Felisa Ramiu Youth Law Center 417 Montgomery St. Suite 900

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Plaintiff
James Doe a minor by his next friend and mother Betty Doe

San Francisco, CA 94104 (415) 543-3379
Mark J. Lopez American Civil Liberties Union Foundation National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202-393-4930 TERMINATED: 05/20/1996 ATTORNEY TO BE NOTICED
Richard B. Cook Richard Cook, Attorney at Law P. O. Box 411 Hunt Valley, MD 21030-0411 (410) 683-6469 ATTORNEY TO BE NOTICED
represented by Steven Robert Scheckman (See above for address) LEAD ATTORNEY
George Henry Troxell, III (See above for address) ATTORNEY TO BE NOTICED
James Raymond Bell (See above for address) ATTORNEY TO BE NOTICED
Jerry L. Speir (See above for address) TERMINATED: 07/05/1995 ATTORNEY TO BE NOTICED
Maria Felisa Ramiu (See above for address)
Mark J. Lopez (See above for address) TERMINATED: 05/20/1996 ATTORNEY TO BE NOTICED
Richard B. Cook (See above for address)

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Plaintiff David Doe a minor by his next friend and mother, Jane Doe
V. Defendant Charles C Foti, Jr in his official capacity as Criminal Sheriff of Orleans Parish

represented by Patricia Nalley Bowers Bowers & Bowers (Baton Rouge) 1200 S. Acadian Thruway Suite 214 Baton Rouge, LA 70806 225-346-5383 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Robert Scheckman (See above for address) LEAD ATTORNEY
George Henry Troxell, III (See above for address) ATTORNEY TO BE NOTICED
James Raymond Bell (See above for address) ATTORNEY TO BE NOTICED
Jerry L. Speir (See above for address) TERMINATED: 07/05/1995 ATTORNEY TO BE NOTICED
Maria Felisa Ramiu (See above for address)
Mark J. Lopez (See above for address) TERMINATED: 05/20/1996
Richard B. Cook (See above for address)
represented by Alexander Adam Lambert, Jr. Alexander A. Lambert, Jr., Attorney at Law P. O. Box 1378 Metairie, LA 70004-1378 (504) 834-0835 LEAD ATTORNEY
John F. Weeks, II

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Defendant
Earl Weaver, Jr in his official capacity as Warden
Defendant
Sidney Barthelemy in his official capacity as Mayor of the City of New Orleans

Usry, Weeks & Matthews 1615 Poydras St. Suite 1250 New Orleans, LA 70112 504-592-4600 Email: jweeks@usryandweeks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Linda Pacetti Morin Linda P. Morin, Attorney at Law 5901 Durbridge Dr. New Orleans, LA 70131 504-394-3012 Email: morinl@opcso.org ATTORNEY TO BE NOTICED
represented by Annabelle Hoppe Walker Annabelle H. Walker, Attorney at Law 218 Rhodes Ave. New Orleans, LA 70131 504-394-8104 Email: annabellewalker@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Franz L. Zibilich City Attorney's Office City Hall 1300 Perdido St. Room 5E01 New Orleans, LA 70112 504-658-9800 Email: drbrown@cityofno.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Greta L. Wilson City Attorney's Office City Hall 1300 Perdido St. Room 5E01 New Orleans, LA 70112 504-658-9800 TERMINATED: 03/06/1996

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Defendant Orleans Parish School Board

LEAD ATTORNEY
Nolan Patrick Lambert City Attorney's Office City Hall 1300 Perdido St. Room 5E01 New Orleans, LA 70112 504-658-9800 Email: lambenol@aol.com TERMINATED: 07/28/1995 LEAD ATTORNEY
Kathy L. Torregano Berrigan, Litchfield, Schonekas, Mann & Traina, LLC Texaco Center 400 Poydras St. Suite 2000 New Orleans, LA 70130-2150 (504) 568-0541 Email: ktorregano@berriganlaw.net
Keith M. Detweiler Berrigan, Litchfield, Schonekas, Mann & Traina, LLC Texaco Center 400 Poydras St. Suite 2000 New Orleans, LA 70130-2150 (504) 568-0541 Email: KDETWEILER@berriganlaw.net TERMINATED: 09/26/1995
Maria Michelle Segu City Attorney's Office City Hall 1300 Perdido St. Room 5E01 New Orleans, LA 70112 504-658-9800 TERMINATED: 09/26/1995
represented by Robert M. Rosenberg Rosenberg & Endom, LLP 938 Lafayette St. Suite 200 New Orleans, LA 70113-1067

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Defendant Anita H Ganucheau in her official capacity as Juvenile Court Judge of Orleans Parish
Defendant Ernestine S Gray in her official capacity as Juvenile Court Judge of Orleans Parish
Defendant George Buzzy Kiefer in his official capacity as Juvenile Court Judge of Orleans Parish
Defendant Lawrence L Lagarde, Jr in his official capacity as Juvenile Court Judge of Orleans parish
Defendant Salvadore T Mule in his official capacity as Juvenile Court Judge of Orleans Parish
Defendant C Hearn Taylor in his official capacity as Juvenile Court Judge of Orleans Parish
Defendant

(504) 581-1422 Email: rrosenberg@louisiana-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Franklin V. Endom, Jr. Hammonds & Sills (Baton Rouge) 1111 So. Foster Dr. Suite C Baton Rouge, LA 70806 225-923-3462 Email: fendom@hamsil.com
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Richard L Stalder Secretary, Department of Public Safety & Corrections, State of Louisiana Defendant Edwin W Edwards in his official capacity as Governor of the State of Louisiana Movant John Calvin Stewart Dr.
V. unknown Rose Mary Deal
unknown Celara M Rhodes

represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia Nalley Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Calvin Stewart 5921 Red Barn Road Montgomery, AL 36116 334-215-3859 PRO SE
represented by Donna H. Lee American Civil Liberties Union Foundation National Prison Project 733 15th St., N.W. Suite 620 Washington, DC 20005 202-393-4930 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard B. Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark J. Lopez (See above for address) TERMINATED: 05/20/1996
represented by Donna H. Lee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard B. Cook (See above for address)

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Date Filed 04/14/1993 04/14/1993 04/16/1993 04/20/1993
04/22/1993
04/27/1993 05/03/1993 05/04/1993 05/06/1993 05/10/1993 05/10/1993 05/10/1993

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark J. Lopez (See above for address) TERMINATED: 05/20/1996

#

Docket Text

1 COMPLAINT (12 summons issued) (cm) (Entered: 04/16/1993)

2 Motion by plas John Doe, James Doe, David Doe and ORDER for same to proceed using pseudonyms. by Magistrate Louis Moore Jr. (cm) (Entered: 04/16/1993)

3 ORDER sealing the plas' applications to proceed in forma pauperis until further orders of the court. Magistrate Louis Moore Jr. (cm) (Entered: 04/20/1993)

4 Request by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and summons issued on original complaint as to dfts Charles C Foti Jr, Earl Weaver Jr, Sidney Barthelemy, Orleans Parish Sch, Anita H Ganucheau, Ernestine S Gray, George Buzzy Kiefer, Lawrence L Lagarde Jr, Salvadore T Mule, C Hearn Taylor, Richard L Stalder, Edwin W Edwards (cm) (Entered: 04/21/1993)

5 Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER for attorneys Jjames R.f Bell & Maaria F. Ramiu to appear pro hac vice by Judge Peter Beer Date Signed: 4/26/93 (cm) (Entered: 04/28/1993)

6 Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER for attorney Mark Joseph Lopez to appear pro hac vice by Judge Peter Beer (ctp) (Entered: 05/03/1993)

7 USM'S NTC & ACKNOWLEDGMENT OF RETURN OF SERVICE of S&C executed upon defendant Richard L Stalder on 4/30/93 (ctp) (Entered: 05/03/1993)

8 RETURN OF SERVICE of S&C executed upon defendant Edwin W Edwards on 4/28/93 (cm) (Entered: 05/04/1993)

9 Notice of Case Reallotted to Mag Div 1 (jd) (Entered: 05/10/1993)

10 USM's RETURN OF SERVICE of S & C executed upon defendant Earl Weaver Jr on 5/7/93 (rg) (Entered: 05/10/1993)

11 USM's RETURN OF SERVICE of S & C executed upon defendant Charles C Foti Jr on 5/7/93 (rg) (Entered: 05/10/1993)

12 USM's RETURN OF SERVICE of S & C executed upon defendant Anita H Ganucheau, defendant Ernestine S Gray, defendant Lawrence L Lagarde Jr on 5/5/93 (rg) (Entered: 05/10/1993)

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05/10/1993 05/13/1993 05/14/1993 05/17/1993 05/21/1993 05/27/1993 06/02/1993 08/04/1993 08/06/1993 08/13/1993
08/13/1993

13 USM's RETURN OF SERVICE of S & C executed upon defendant Salvadore T Mule on 5/6/93 (rg) (Entered: 05/10/1993)
14 RETURN OF SERVICE of S&C executed upon defendant George Buzzy Kiefer on 5/5/93, defendant C Hearn Taylor on 5/9/93 (cm) (Entered: 05/13/1993)
15 Motion by defendant Orleans Parish Sch and ORDER extending time to answer plas' cmp for 20 days from date responses were originally due by Magistrate Ivan L. Lemelle Date Signed: 5/18/93 (ctp) (Entered: 05/19/1993)
16 Motion by defendant Sidney Barthelemy and ORDER extending time to answer by an addl 20 days. by Magistrate Ivan L. Lemelle Date Signed: 5/18/93 (cm) (Entered: 05/20/1993)
17 Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER Case reassigned to Judge Lansing L. Mitchell , Mag 5. by Judge Peter Beer Date Signed: 5/25/93 (cm) (Entered: 05/26/1993)
18 RETURN OF SERVICE of S&C executed upon defendant Sidney Barthelemy, defendant Orleans Parish Sch, defendant Richard L Stalder on 4/26/93 (cm) (Entered: 05/27/1993)
19 MINUTE ENTRY (5/27/93): ORDERED that C.A. 93-1227 be consolidated with C.A. 69-2443 by Judge Lansing L Mitchell (REF 692443 & 93-1227) (jlb) (Entered: 06/02/1993)
20 MOTION by defendant Orleans Parish Sch in 2:93-cv-01227 to dismiss cmp & mtn for a more definite statement to be heard before Judge at 10:00 8/25/93 (69-2443 & 93-1227) (gw) Modified on 08/06/1993 (Entered: 08/04/1993)
21 ORDER that motion of dft Orleans Parish School Board to dismiss cmp & mtn for a more definite statement [20-1] is set for hrg at 11:00 9/8/93 by Judge Lansing L. Mitchell Date Signed: 8/5/93 (REF: 69-2443 & 931227) (gw) (Entered: 08/06/1993)
22 ORDER that dft, Sheriff Charles C. Foti show cause at 11:00 a.m. on 8/25/93 bfr Mag/Judge Chasez -why he should not be sanctioned for failure to comply with the Court's order dated 5/17/93 & entered into the record 5/19/93; namely, to investigate the Court with a formal report of his investigiton by 6/30/93; as to this date no such report has been furnished the undersigned by Magistrate Alma Chasez. Date Signed: 8/12/93 (dp) Modified on 10/12/1993 (Entered: 08/16/1993)
23 ORDER that C.A. No. 93-1227 "LLM" (5) entitled John Doe, et al vs. Charles Foti, et al, which is currently consolidated with C.A. 69-2443 "LLM" (5) is SEVERED from that C.A. No.; Further ORDERED that any issues which, in any fashion deal with juveile inmates be TRANSFERRED from C.A. 69-2443 "LLM" (5) & into C.A. # 93-1227 "LLM" (5) by Magistrate Alma Chasez Date Signed: 8/12/93. (REF 931227 & 69-2443) (dp) Modified on 10/12/1993 (Entered: 08/16/1993)

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08/19/1993 08/19/1993
08/27/1993 08/27/1993 08/27/1993
08/30/1993 09/07/1993 09/09/1993 09/17/1993 09/23/1993

Automatic Referral (Utility Event) to Magistrate Alma Chasez (dp) (Entered: 08/23/1993)
24 ORDER Case referred to Magistrate Alma Chasez Non-Dispositive mtns or other PT matters referred for hrg & determination pursuant to 28 USC 636 (b)(1)(a); Further, that any issues, which in any fashion deal with juvenile inmates, be transferred from C.A. #69-2443 to C.A. #93-1227 by Judge Lansing L. Mitchell Date Signed: 8/18/93 (dp) (Entered: 08/23/1993)
25 MINUTE ENTRY (8/25/93): Hrg held this date continuing the mtn by pla for class certification & motion by dft Orleans Parish School Board to dismiss cmp & mtn for a more definite statement [20-1] previously set for 8/25/92 is CONT to 11:00 a.m. on 9/8/93 by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 08/27/1993)
26 MINUTE ENTRY (8/25/92): Status Conf set for 1:00 p.m. on 8/27/93 ; preliminary ideas were discussed which counsel shall convey to their respective clients by Magistrate Alma Chasez (dp) Modified on 10/12/1993 (Entered: 08/27/1993)
27 MINUTE ENTRY (8/26/93): ORDERED that upon request & with reasonable ntc, the Sheriff allow counsel for members of the puntative class to interview detainees & inmates of the Conchetta Facility; in order to facilitate that interview process, the Sheriff is to provide plas' counsel with a list of the names of individuals housed at Conchetta, including an indication of whether each individual is in a pre-adjudicated or post adjudicated status by Magistrate Alma Chasez. Date signed: 8/26/93 (dp) Modified on 08/28/1995 (Entered: 08/30/1993)
28 MINUTE ENTRY (8/27/93): Conf held this date; Status Conf set for 10:00 a.m. on 9/17/93; plas' mtn for class certification & Orleans Parish School Board's mtn to dismiss & mtn for more defintie statement will be heard at the conference by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 08/30/1993)
29 Memo in opposition by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe to motion to dismiss cmp & mtn for a more definite statement [20-1] filed by defendant Orleans Parish School Board. (dp) (Entered: 09/08/1993)
30 Memo in opposition by defendant Orleans Parish Sch to mtn for certification of class filed by plaintiffs, John Doe, et al. (dp) (Entered: 09/09/1993)
31 MOTION by plas, John Doe, et al to amend complaint referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 10/6/93. (dp) (Entered: 09/17/1993)
32 MINUTE ENTRY (9/23/93): Status Conf held 9/17/93 On or bfr 9/28/93 counsel for all ptys shall furnish to the Court the names of an individual or individuals they suggest to serve in the capacity of a court expert as stip; by Magistrate Alma Chasez. (dp) (Entered: 09/23/1993)

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09/29/1993 09/29/1993 10/01/1993
10/07/1993 10/15/1993 02/07/1994 02/07/1994 02/10/1994
02/22/1994
02/24/1994 04/01/1994 05/05/1994 05/06/1994

33 ORDER & Application that, pla, Rose Mary Deal to proceed in forma pauperis is GRANTED; that applicant proceed w/out prepayment of of cost or fees or the necessity of giving security by Magistrate Alma Chasez Date Signed: 9/28/93 (dp) (Entered: 09/30/1993)
34 ORDER & Application to proceed in forma pauperis by pla, Celara M. Rhodes is GRANTED; applicant may proceed w/out prepayment of cost of fees or the necessity of giving security by Judge Lansing L. Mitchell Date Signed: 9/28/93 (dp) (Entered: 09/30/1993)
35 MINUTE ENTRY (9/28/93): Stat conf held this date Per oral mtn of counsel for the School Board & counsel for the Sheriff, the date by which suggested court experts shall be furnished to the court is extended to 10/12/93; the time for response thereto by counsel for the plas is extended to 10/26/93 by Magistrate Alma Chasez. (dp) (Entered: 10/04/1993)
36 MINUTE ENTRY( 10/6/93): granting plas' motion to amend complaint [31-1] by Magistrate Alma Chasez (ctp) (Entered: 10/07/1993)
37 Memo in opposition by defendant Edwin W Edwards to mtn to dismiss filed by defendant Orleans Parish Sch (dp) (Entered: 10/15/1993)
38 Notice of Deposition by plaintiffs, John Doe, et al of a teacher, to be designated by the dft, New Orleans Parish School Board on 2/11/94. (dp) (Entered: 02/07/1994)
39 Notice of Deposition by plaintiff John Doe of Orleans Parish School Board Special Education Teacher on 2/11/94. (dp) (Entered: 02/07/1994)
40 MINUTE ENTRY (2/8/94): After a consieration of the resumes furnished to the court in connection with the above captioned matter, the court appoints Dr. John Calvin Stewart as the court's expert to advise inmates at the Orleans Parish Prison; a conf is set for 2/23/94 at 9:00 a.m. w/Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/10/1994)
42 Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER to dismiss defendants, Anita H Ganucheau, Ernestine S Gray, George Buzzy Kiefer, Lawrence L Lagarde Jr, Salvadore T Mule & C Hearn Taylor is GRANTED w/out costs & w/out prej by Judge Lansing L. Mitchell Date Signed: 2/25/94 (dp) (Entered: 02/28/1994)
41 MINUTE ENTRY (2/23/94): Conference held by Magistrate Alma Chasez (gw) (Entered: 02/24/1994)
43 Witness list submitted by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe (cm) (Entered: 04/06/1994)
44 Copy of Letter addressed to Allen Usry from counsel for plas, John Doe, et al dated 4/29/94 in re: tentative agreement under the supervision of Mag/Judge Chasez. (dp) (Entered: 05/05/1994)
45 MINUTE ENTRY( 5/5/94): Conf set 2:00 5/12/94; Dr Stewart will

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05/09/1994 05/25/1994
05/31/1994 06/06/1994 06/16/1994 07/20/1994 08/02/1994 08/22/1994 08/22/1994
09/02/1994 10/03/1994

participate by phone; all other counsel shall attend in person by Magistrate Alma Chasez (ctp) (Entered: 05/09/1994)
46 MINUTE ENTRY( 5/9/94): Conf w/ Dr John Stewart is RESCHEDULED for 2:00 5/19/94; counsel are to appear in person while Dr Stewart may participate via phone by Magistrate Alma Chasez (ctp) (Entered: 05/09/1994)
47 MINUTE ENTRY (5/19/94): Status Conf held this date; Counsel for the School Board is also ORDERED to determine on or bfr the time of the next meeting with the court how many teachers presently assigned to the Orleans Parish Prison facility are certified to teach special education by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 05/25/1994)
48 MINUTE ENTRY (5/20/94): Status Conf set for 10:00 a.m. on 5/31/94 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 05/31/1994)
49 MINUTE ENTRY (6/3/94): Settlement Conf held 5/31/94 , If Court does not have a proposed consent decree in hand by 6/7/94, matter will be set for evidentiary hrg by Magistrate Alma Chasez (gw) (Entered: 06/06/1994)
50 MINUTE ENTRY (6/15/94): A stat conf held on 5/31/94; a further conf will be scheduled upon receipt of the plan by the Court by Magistrate Alma Chasez. (dp) (Entered: 06/17/1994)
51 MINUTE ENTRY( 7/19/94): A Conf is set for 3:00 8/17/94 bfr Mag as stip. by Magistrate Alma Chasez (dno) (Entered: 07/20/1994)
52 MINUTE ENTRY (8/1/94): ORDERED that City of New Orleans show cause on 8/17/94 at 11:00 a.m. bfr Mag/Judge Chasez why they should not be sanctioned or held in contempt for failure to comply with an order of this court. by Magistrate Alma Chasez. (dp) (Entered: 08/03/1994)
53 MINUTE ENTRY (8/18/94): Hrg held on the Rule Order to show cause on 8/17/94; Mr. Nolan Lambert, atty for dft, the City of New Orleans is ORDERED to pay what is owed to Dr. John Stewart on or bfr 8/24/94 by Magistrate Alma Chasez (dp) (Entered: 08/22/1994)
54 MINUTE ENTRY (8/18/94): ORDERED that a Status Conf is set for 5:00 p.m. on 9/16/94 bfr Mag/Judge Chasez; Further ORDERED that Mr. Lambert & the city of New Orleans is to mail a check to Dr. Stewart on or bfr 8/24/94 of Dr. Stewart's last invoice by Magistrate Alma Chasez. (dp) (Entered: 08/22/1994)
55 Consent by dft Charles C Foti Jr & plas John Doe, James Doe, David Doe, Rose Mary Deal & Celara M Rhodes. (dno) (Entered: 09/06/1994)
56 Interim ORDER that the Orleans Parish School Board include all appropriate juvenile inmates incarcerated in Conchetta Facility in 10/1/94 Minimum Foundation Program count as stip by Magistrate Alma Chasez Date Signed: 9/30/94 (kh) (Entered: 10/05/1994)

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10/18/1994 11/03/1994 11/08/1994 11/14/1994 12/02/1994 12/19/1994 01/06/1995
01/24/1995
01/31/1995 02/01/1995
02/01/1995 02/13/1995

57 MINUTE ENTRY (10/11/94): Status Conf held 10/11/94 by Magistrate Alma Chasez (dp) (Entered: 10/19/1994)
58 MINUTE ENTRY (11/2/94): ORDERED that Clerk is directed to add Dr. John C. Stewart to the mailing list of this C.A.# by Magistrate Alma Chasez (dp) (Entered: 11/03/1994)
60 Motion by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe and ORDER for appearance of Jerry L. Speir as additional co-counsel is GRANTED by Judge Peter Beer. Date signed: 11/15/94. (dp) Modified on 08/28/1995 (Entered: 11/18/1994)
59 MINUTE ENTRY (11/9/94): Status conf held 11/2/94 ; Another Status Conf set 2:00 11/18/94 by Magistrate Alma Chasez (gw) (Entered: 11/14/1994)
61 MINUTE ENTRY (11/23/94): Stat conf held 11/18/94; Status Conf is set for 2:00 p.m. on 3/16/95 by Magistrate Alma Chasez. (dp) (Entered: 12/05/1994)
62 ORDER that the court approves & adopts the terms of the consent order (Doc#55) as stip by Judge Lansing L. Mitchell Date Signed: 12/16/94 (dp) (Entered: 12/20/1994)
63 MOTION by plaintiffs, David Doe, et al to compel dft, Sheriff to answer interrogatories & provide responses to plas' request for production of documents referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 1/25/95 (dp) Modified on 03/20/1995 (Entered: 01/06/1995)
64 MINUTE ENTRY (1/25/95): ORDERED that the motion by plas, Joe Doe, et al to compel dft, Sheriff to answer interrogs & provide responses to plas' request for production of documents [63-1] set for 1/25/95 is CONT to 11:00 a.m. on 2/1/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 01/26/1995)
65 MINUTE ENTRY (1/30/95): On-Site Visit of the Conchetta facility by Dr. Stewart set for 3/16/95 is reset for 2:00 p.m. on 3/15/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/01/1995)
66 MINUTE ENTRY (2/1/95): ORDERED that motion by plas, John Doe, et al to compel dft, Sheriff to answer interrogatoreis & provide responses to plas' request for production of documents [63-1] previously set for 2/1/95 is CONT to 11:00 a.m. on 2/15/95. by Magistrate Alma Chasez (dp) (Entered: 02/01/1995)
67 MINUTE ENTRY (1/27/95): A stat conf was held 1/19/95; Pre-Trial Conference is set for 4:00 p.m. on 7/10/95 bfr Mag/Judge Chasez; Evidentiary hearing set for 9:00 a.m. on 7/17/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/02/1995)
68 ORDER that USM personally serve the following copy to Ms. Avis Russell, Mayor Marc Morial & Sheriff C. Foti, Jr. by Magistrate Alma

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02/13/1995 02/13/1995 02/13/1995 02/16/1995 02/17/1995
03/08/1995
03/27/1995 04/03/1995 04/11/1995 04/12/1995 05/02/1995 05/02/1995

Chasez. (dp) (Entered: 02/14/1995)
69 ORDER that the USM personally serve Charles C. Foti, Jr. as stip by Magistrate Alma Chasez (dp) (Entered: 02/14/1995)
70 MINUTE ENTRY (2/13/95): ORDERED that a Stat conf is set for 10:00 a.m. on 2/16/95 bfr Judge Frank J. Polozola on 2/16/95 at 10:00 a.m. in Judge Beer's courtroom by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 02/14/1995)
71 MINUTE ENTRY (2/13/95): ORDEREd There will be a conf set for 2/17/95 at 4:00 p.m. between Mayor Marc Morial & Sheriff Charles Foti by Magistrate Alma Chasez (dp) (Entered: 02/14/1995)
72 USM'S RETURN OF SERVICE of orders & m.e. of Mag/Chasez to Mayor Marc Morial, Charles C. Foti, Jr., Avis Russell, City Atty's office; svd 2/14/95. (dp) (Entered: 02/16/1995)
73 MINUTE ENTRY (2/15/95): Hrg held on 2/15/95 on the motion by plas, John Doe, et al to compel dft, Sheriff to answer interrogatoreis & provide responses to plas' request for production of documents [63-1] GRANTED as stip by Magistrate Alma Chasez (dp) (Entered: 02/17/1995)
74 MINUTE ENTRY (3/7/95): The Court is in receipt of communication from Mr. Rosenberg as to number of juveniles in Conchetta & how this increase impacts the level of juvenile eduction in the facility; as population over 90 increases, more teachers shall be added to the program or platooning shall be instituted in order to maintain the 15:1 student/teacher ratio; any increase in cost shall be paid for per prior order of the court by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 03/09/1995)
75 MINUTE ENTRY( 3/23/95): status conf held was held 3/15/95 ; A further Conf will be held 2:00 6/22/95 by Magistrate Alma Chasez (jd) (Entered: 03/27/1995)
76 Witness list & expert report of Don Devore submitted by plaintiff David Doe for evidentiary hrg of 5/18 & 5/19/95. (dp) (Entered: 04/05/1995)
78 Motion by defendant Charles C Foti Jr and ORDER to extend discovery cut-off date for telephone depo of plas' expert, Donald Devore, until 4/17/95 by Magistrate Alma Chasez Date Signed: 4/13/95 (jd) (Entered: 04/14/1995)
77 MOTION by plaintiff David Doe, plaintiff James Doe for attorney fees and expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 5/3/95. (dp) (Entered: 04/13/1995)
79 Witness list submitted by defendant Richard L Stalder, defendant Edwin W Edwards (dp) (Entered: 05/02/1995)
80 Exhibit list by defendant Richard L Stalder, defendant Edwin W Edwards (dp) Modified on 05/04/1995 (Entered: 05/02/1995)

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05/02/1995 05/05/1995 05/15/1995 05/19/1995
06/27/1995 06/30/1995 07/05/1995 07/06/1995 07/07/1995 07/24/1995 07/28/1995
08/11/1995 08/14/1995

81 Witness list submitted by defendant Charles C Foti Jr for 5/18/95 hrg. (dp) Modified on 05/04/1995 (Entered: 05/03/1995)
82 Plaintiffs' expert report of Don Devore for use in July 17, 1995 evidentiary hearing. (sup) (Entered: 05/11/1995)
83 Witness list for 7/17/95 evidentiary hrg submitted by plaintiff David Doe (dp) (Entered: 05/16/1995)
84 MINUTE ENTRY( 5/17/95): The evidentiary hrg set for 5/18/95 at 10:00 bfr the Mag Judge is cancelled. A status conf is set for 5/25/95 at 5:00 bfr the Mag Judge in order to dismcuss the rescheduling of this evidentiary hrg. Counsel for the ptys have been contacted and mutually agree upon this date & time. by Magistrate Alma Chasez (cp) (Entered: 05/22/1995)
85 MINUTE ENTRY( 6/26/96): Pre-Trial Conference set for 7/10/95 is cont to 4:30 7/14/95 by Magistrate Alma Chasez (jd) (Entered: 06/27/1995)
111 Motion by defendant Charles C Foti Jr for hrg on same's mtn for leave to file expert reports & to submit expert testimony at trial and UNSIGNED ORDER. (dp) (Entered: 10/03/1995)
88 Motion by plaintiffs, David Doe, et al and ORDER withdrawing attorneys, Jerry L. Speir for plas, John Doe, et al is GRANTED by Magistrate Lance M. Africk. Date Signed: 7/6/95 (dp) (Entered: 07/10/1995)
86 MINUTE ENTRY (6/30/95): ORDERED that the Conf set for 6/22/95 is RESCHEDULED to 7/14/95 at 4:30 p.m. at the time of the PTC; Dr. Stewart may participate by phone w/ the Mag/Judge's office initiating the conference call by Magistrate Alma Chasez. (dp) (Entered: 07/07/1995)
87 Memo in opposition by plaintiff David Doe to filed to mtn for leave to file expert reprot & to submit expert by defendant Charles C Foti Jr (dp) (Entered: 07/07/1995)
89 MINUTE ENTRY (7/13/95): ORDERED that Pre-Trial Conference set for 7/14/95 iss rescheduled to 10:00 a.m. on 9/28/95; Further ORDERED that the Evidentiary hearing set for 7/17/95 is rescheduled 10:00 a.m. on 10/2/95 by Magistrate Alma Chasez (dp) (Entered: 07/25/1995)
90 Motion by defendant Sidney Barthelemy and ORDER withdrawing attorney Nolan Patrick Lambert for Sidney Barthelemy and substituting attorney Franz L. Zibilich, Maria Michelle Segu, Keith M. Detweiler is GRANTED by Magistrate Alma Chasez Date Signed: 7/31/95 (dp) (Entered: 08/01/1995)
91 Notice of Deposition by defendant Charles C Foti Jr of Solomon N'Jie, Mark Lopez, Karen Bower, Marjorie Rifkin on 8/23/95 (pck) (Entered: 08/14/1995)
92 NOTICE by counsel, Maureen Blakburn Jennings for defendant Charles C Foti Jr of change of address (dp) (Entered: 08/15/1995)

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08/16/1995 08/16/1995
08/17/1995 08/18/1995 08/18/1995 08/23/1995 08/24/1995 09/14/1995 09/14/1995 09/14/1995 09/14/1995 09/15/1995 09/18/1995
09/18/1995 09/18/1995 09/26/1995

93 MINUTE ENTRY (8/14/95): A Status Conf was held this 7/17/95; a further conf is set for 8/11/95 at 4:00 p.m . bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/16/1995)
94 MINUTE ENTRY (8/14/95): A stat conf was held on this date; A stat conf is set for 8/25/95 at 10:00 a.m. ORDERED to personally serve a copy of this m.e. on Avis russel, City Atty's Office as stip & on March Morial by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 08/16/1995)
95 MINUTE ENTRY (8/16/95): Order to show cause set for 11:00 a.m. on 9/13/95 as to dft, City of New Orleans, bfr Mag/Judge Chasez; by Magistrate Alma Chasez (dp) (Entered: 08/18/1995)
96 Notice of Deposition by defendant Charles C Foti Jr of Maria Ramiu, James Bell on 9/5/95 (pck) (Entered: 08/18/1995)
97 Notice of Deposition by defendant Charles C Foti Jr of Mohamedu Jones on 8/31/95 (pck) (Entered: 08/18/1995)
98 Notice of Deposition by defendant Charles C Foti Jr of Richard Cook on 8/25/95. (dp) (Entered: 08/23/1995)
99 USM'S RETURN OF SERVICE of m.e. Doc #95 yo Avist, City Attorney, Mayor, Marc Morial; svd 8/23/95. (dp) Modified on 08/25/1995 (Entered: 08/25/1995)
100 MINUTE ENTRY (9/13/95): Rule to show cause set on this date is SATISFIED by Magistrate Alma Chasez (dp) (Entered: 09/15/1995)
101 Witness & exhibit list submitted by defendant Edwin W Edwards, Richard Stalder. (REF 69-2443 7 92-1227) (dp) (Entered: 09/18/1995)
102 Witness & exhibit list submitted by defendant Orleans Parish Sch (dp) (Entered: 09/18/1995)
104 Witness & exhibit list submitted by defendant Charles C Foti Jr (dp) (Entered: 09/19/1995)
105 Witness & exhibit list submitted by defendant Sidney Barthelemy (dp) (Entered: 09/19/1995)
103 MINUTE ENTRY (9/14/95): A stat/settlement conf was held this date; ssue of funding for the juvenile education program at the Orleans Parish Prison was discussed; Mr. Rosenberg will discuss the options with the School Board as stip; The court will then take whatever aciton appears appropriate by Magistrate Alma Chasez. (dp) (Entered: 09/19/1995)
106 Exhibit list by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe (tbl) (Entered: 09/19/1995)
107 Witness list submitted by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe (tbl) (Entered: 09/19/1995)
110 Motion by defendant Sidney Barthelemy and ORDER withdrawing

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09/28/1995 09/28/1995 10/02/1995 10/23/1995 11/21/1995 12/21/1995 02/23/1996
03/05/1996 03/06/1996 05/16/1996

attorneys, Keith M. Detweiler & Maria Michelle Segu and substituting attorney Greta L. Wilson for same is GRANTED by Judge Lansing L. Mitchell Date Signed: 9/27/95 (dp) (Entered: 10/03/1995)
108 RETURN OF SERVICE of subp to Nelda Wells; svd 9/20/95. (dp) (Entered: 09/28/1995)
109 PROCEEDING: Settlement agreement hrg on attys' fees & costs; all present & ready; settlement agreement stated on record; court adjourned at 11:40 a.m. by Magistrate Alma Chasez (ps) (Entered: 10/02/1995)
112 MINUTE ENTRY (9/29/95): ORDERED that the evidentiary hearing set for 10:00 a.m. on 10/2/95 bfr Mag/Judge is CANCELLED; counsel for ptys ahve reached an agreement as to the issue of attys' fees in this case; settlement agreement was put of record this date by Magistrate Alma Chasez (dp) (Entered: 10/03/1995)
113 Transcript of settlement held on 9/28/95 bfr Mag/Judge Chasez. (dp) (Entered: 10/24/1995)
114 MINUTE ENTRY (11/21/95): A Status Conf previously set for 2:00 p.m. on 11/27/95 is RESCHEDULED to 5:00 p.m. bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 11/22/1995)
115 MINUTE ENTRY( 12/20/95): Expert Conf set for 1/25/96 is cont to 2:30 2/28/96 by Magistrate Alma Chasez (jd) (Entered: 12/21/1995)
116 MINUTE ENTRY (2/16/96): In connection with the population cap imposed on the facilty, Mag/Judge was contacted by Sheriff Charles C. Foti; Sheriff Foti advised that, because of the Mardi Gras season, he has been asked by certain state juvenile court judges to hold additional offenders which will result in his being over the cap imposed by the Court; the undersigned expresses no opinion as to whether this would conflict with any orders issued by Judge Frank Polozola in litigation pending the the Middle District & in no way is this m.e. to be interpreted as an attempt to modify any order issued by Jduge Polozola by Magistrate Alma Chasez (dp) (Entered: 02/23/1996)
117 MINUTE ENTRY (2/28/96): Status Conf held 2/28/96 ; Ptys can stip as to the Sheriff's visitation policy & exercise regime by 4/22/96; Should an evidentiary hrg be needed herein the court has established 5/21/96 as the date for same; the ptys shall exchange witness & exhibit lists by 5/1/96 by Magistrate Alma Chasez (gw) (Entered: 03/06/1996)
118 Motion by defendant Sidney Barthelemy and ORDER withdrawing attorney Greta L. Wilson and substituting attorney Annabelle Hoppe Walker provided this causes no req to extend set cutoffs/trial dates by Magistrate Ivan L. Lemelle Date Signed: 3/7/96 (gw) (Entered: 03/08/1996)
119 MINUTE ENTRY (5/15/96): Hrg set for 5/21/96 is CANCELLED; A Phone Conf is set for 3:30 p.m. on 6/3/96 bfr Mag/Judge; chambers will initiate the call by Magistrate Alma Chasez (dp) Modified on 05/16/1996

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05/20/1996 06/10/1996
08/01/1996 08/01/1996 08/15/1996 08/16/1996 08/19/1996 08/26/1996
08/27/1996
10/15/1996
11/15/1996 11/15/1996 12/09/1996
12/13/1996

(Entered: 05/16/1996)
120 Motion by plaintiffs, David Doe, et al and ORDER withdrawing attorney Mark J. Lopez for same is GRANTED by Judge Peter Beer (dp) (Entered: 05/31/1996)
121 MINUTE ENTRY (6/3/96): A Phone conf held this date; hrg set for 5/21/96 is CONT to 9/23/96 at 10:00 a.m.; A final witness & exhibit list msut be exchanged on 8/1/96; discovery is closed on 9/3/96; failure to so initial the exhbits shallpreclude them being introduced into evidence by Magistrate Alma Chasez (dp) (Entered: 06/10/1996)
122 Witness list for evidentiary hrg submitted by defendant Charles C Foti Jr (gw) (Entered: 08/02/1996)
123 Exhibit list by defendant Charles C Foti Jr (gw) (Entered: 08/02/1996)
125 Motion by defendant Sidney Barthelemy and ORDER for leave to file witness list for evidentiary hrg is GRANTED by Magistrate Alma Chasez. Date Signed: 8/19/96 (dp) (Entered: 08/20/1996)
124 MINUTE ENTRY (8/15/96): Status Conf set for 5:30 p.m. on 8/22/96 bfr Mag/Judge; by Magistrate Alma Chasez (dp) (Entered: 08/19/1996)
126 Witness list submitted by defendant Sidney Barthelemy, City of New Orleans, for evidentiary hrg. (dp) (Entered: 08/20/1996)
128 MINUTE ENTRY (8/22/96): A stat/preliminary conf was held this date; amendments to pleadings are due 30 days from this date; final PTC is set for 1/16/97 at 10:00 a.m. bfr Mag/Judge & jury trial is set for 1/27/97 at 10:00 a.m. bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 08/29/1996)
127 MINUTE ENTRY (8/26/96): The evidentiary hrg set for 9/23/96 is CANCELLED; A Pre-Trial Conference is set for 10:00 a.m. on 1/16/97 , ; & a non-jury trial is set for 10:00 a.m. on 1/27/97 by Magistrate Alma Chasez (dp) (Entered: 08/28/1996)
129 Motion by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe and ORDER granting an extension of time until 10/28/96 to deliver written report of pla's expert by Magistrate Alma Chasez Date Signed: 10/16/96 (gw) (Entered: 10/17/1996)
130 Witness list for trial of 1/27/96 submitted by plaintiffs, David Doe, et al. (dp) (Entered: 11/15/1996)
131 Exhibit list for 1/27/97 trial by plaintiffs, David Doe, et al. (dp) (Entered: 11/15/1996)
132 Motion by plaintiffs, David Doe, James Doe, & John Doe and ORDER for appearance of George Henry Troxell III for same is GRANTED by Judge Lansing L. Mitchell. Date Signed: 12/10/96 (dp) (Entered: 12/11/1996)
133 MINUTE ENTRY( 12/11/96): Status conf held this date. Access to

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01/09/1997 02/18/1997
02/21/1997 02/26/1997 03/10/1997 03/13/1997 08/27/1997 09/08/1997 09/26/1997 09/30/1997

juveniles residing in Sheriff's facility is set for 12/12 & 13/96 as stip. Final wit list from those juveniles to be given to defense counsel by 12/16/96 by Magistrate Alma Chasez (kh) (Entered: 12/16/1996)
134 MINUTE ENTRY (1/8/97): Pre-Trial Conference scheduled for 1/16/97 at 10:00 am is cont to 1/30/97 at 11:00 am; Non-jury Trial scheduled for 1/27/97 at 10:00 am is cont to 2/18/97 at 10:00 am by Magistrate Alma Chasez (gw) (Entered: 01/09/1997)
135 SMOOTH MINTUES: Non-jury Trial held 2/18/97 bfr Mag/Judge Chasez; counsel informs the Court that a consent judgment is to be entered into the record between the plas & Sheriff Charles C. Foti; The Court calls upon counsel for the Mayor to inform the Court of their participation in setlement discussions- the court issues a rule to show cause why to the City of New Orleans sanctions should not be imposed for failure to negotiate settlement in good faith; plas' will have an opportunity to respond bfr the show cause hrg by Judge Lansing L. Mitchell Date Signed: (dp) (Entered: 02/18/1997)
136 MINUTE ENTRY (2/18/97): ORDER that an Order to show cause is set for 10:00 a.m. on 3/17/97 bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 02/25/1997)
137 Transcript of settlement hrg on 2/18/97 bfr Mag/Judge Chasez. (dp) (Entered: 02/28/1997)
138 Memo in response by defendant Sidney Barthelemy [136-2] to rule for contempt. (gw) (Entered: 03/11/1997)
139 MINUTE ENTRY (3/13/97): ORDERED that the rule to show cause previously set for 3/17/97 is RESCHEDULED to 2:00 p.m. on 4/9/97 bfr Mag/Judge by Magistrate Alma Chasez (dp) (Entered: 03/14/1997)
140 MINUTE ENTRY (8/25/97): A Status Conf is set for 3:30 p.m. on 9/24/97 bfr Mag/Judge; Mag/Judge's office will initiate the conf by Magistrate Lance M. Africk for Mag/Judge Chasez. (dp) (Entered: 08/27/1997)
141 Letter to Clerk of Court from counsel, Donna H. Lee for Rose Mary Deal & Celara M Rhodes dated 9/3/97 inr e: receiving copies of minutes entries. (dp) (Entered: 09/08/1997)
142 MINUTE ENTRY (9/24/97): ORDERED that a telephonic stat Conf was held on 9/24/97 bfr Mag/Judge; A further conf is to be reset upon agreement by all ptys by Magistrate Alma Chasez (dp) (Entered: 09/29/1997)
143 Mag's Report and Recommendation by Magistrate Alma Chasez that the consent decree agreed to by plas & the Sheriff be approved & adopted as an order of the Court Date Signed: 9/29/97 Date of Mailing: 10/1/97 Date of mailing of Report & Recommendation w/Consent Decree was remailed out on 10/7/97. (dp) Modified on 10/07/1997 (Entered: 10/01/1997)

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10/14/1997
11/05/1997 11/13/1997 12/22/1997 01/16/1998 02/13/1998
12/10/1999 08/04/2000 03/05/2002

144 CONSENT DECREEE that the sheriff will construct an indoor gym/educational facility containing approximately 10,000 square feet of space next to the site of the Conchetta facility, said facility to be completed by 4/1/98; juveniles will receive 1 hour of large muscle exercise daily, some of which msut be outdoor, weather permitting and 1 hour of structured recreational porgraming daily during the week and 2 hours o recreational programming daily on weekends; when the gym is constructed the Sheriff agrees to reconsider his current policy of recreation for juveniles on disciplinary confinement; sheriff will institute written policies and procedures which establish a classification system that determines the juveniles, by age, prior criminal behavior, prior institutional commitments, if any; level of drug or chemical abuse; gang affiliation, if any suicide potential, prior commitment to a psychiatric institution, ward of residence and current instant offense; dormitory assignments will then be made accordingly as determined by a trained intake deputy; each juvenile, not on disciplinary, shall be permitted visitation periods on 2 separate days per week, one of which shall be on a week day; each vistation period shall be 30 minutes by Judge Lansing L. Mitchell. Date Signed: 10/7/97 (dp) (Entered: 10/14/1997)
145 JUDGMENT: that the Consent Decree agreed to by plas & the Sheriff is approved & adopted as an order of the Court by Judge Lansing L. Mitchell Date signed: 10/28/97 (dp) (Entered: 11/06/1997)
146 MINUTE ENTRY (11/12/97): A Status Conf is set for 3:15 p.m. on 12/19/97 by phone bfr Mag/Judge; Mag/Judge's office will initiate the conf by Magistrate Alma Chasez. (dp) (Entered: 11/14/1997)
147 MINUTE ENTRY (12/19/97): A Status Conf is set for 3:30 a.m. on 1/13/98 bfr Mag/Judge; Mag/Judge's office will initiate the conf by Magistrate Alma Chasez (dp) (Entered: 12/22/1997)
148 MINUTE ENTRY (1/13/98): A Status Conf was held this date bfr Mag/Judge in re: screening, staff training & available services by Magistrate Alma Chasez (dp) Modified on 01/21/1998 (Entered: 01/16/1998)
149 MINUTE ENTRY (2/12/98): A stat conf was held this date bfr Mag/Judge; ORDERED that dft, is to instruct the Warden & all guards as to the terms of the consent decree in this regard so that compliance may be uniform; Further ORDERED that defense counsel is to determine what additional food can be made available in the evening to juveniles who voice complaints that they are hungry; by Magistrate Alma Chasez (dp) (Entered: 02/17/1998)
150 NOTICE by counsel for plas James Doe & John Doe of their change of address. (dno) (Entered: 12/13/1999)
151 MINUTE ENTRY (8/3/00) Clerk is ORDERED to ADMINSTRATIVELY CLOSE matter. by Magistrate Alma Chasez *****CLOSED***** (dno) (Entered: 08/04/2000)
152 Notice by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe of

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intention to file petn for attys' fees. (gw) (Entered: 03/06/2002)

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