Case: Asante-Chioke v. Dowdle

2:22-cv-04587 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Nov. 18, 2022

Case Ongoing

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Case Summary

This is a case about whether police officers used excessive force on a Black man experiencing a mental health crisis. The complaint alleged the following facts. On November 21, 2021, local and state police officers in Jefferson Parish, Louisiana responded to an alert that there was a 52-year-old Black man walking along a highway. The man appeared to be visibly distressed and was carrying in his hands what were later identified to be a gun and a knife. Upon arriving on the scene, the officers in…

This is a case about whether police officers used excessive force on a Black man experiencing a mental health crisis. The complaint alleged the following facts. On November 21, 2021, local and state police officers in Jefferson Parish, Louisiana responded to an alert that there was a 52-year-old Black man walking along a highway. The man appeared to be visibly distressed and was carrying in his hands what were later identified to be a gun and a knife. Upon arriving on the scene, the officers instructed the man to get on the ground. The man refused, raised his right arm while holding a gun, and began walking in the general direction of the officer in pursuit. The officers opened fire on the man, and he fell to the ground and dropped the gun. While he was on the ground, the officers continued to fire on him, resulting in his death. A subsequent investigation revealed that the officers fired a total of thirty-six rounds at the man.

On November 18, 2022, the man’s daughter filed this lawsuit individually and on her father’s behalf in the U.S. District Court for the Eastern District of Louisiana. The case was assigned to Judge Carl J. Barbier. The plaintiff sued supervisors (“Supervisor Defendants”) and officers (“Officer Defendants”) of both the Louisiana State Police (LSP) and the East Jefferson Levee District Police Department (EJLD). The plaintiff brought 42 U.S.C § 1983 claims alleging excessive force and unlawful seizure, state law wrongful death claims, survival claims, and battery claims against the Officer Defendants. The complaint also brought state law claims of negligent supervision against the Supervisor Defendants and training and supervisory liability against the State of Louisiana through the Department of Public Safety & Corrections. The core claim in the plaintiff’s suit was that the victim’s death was a result of a pattern and practice of excessive use of force by LSP and EJLD against people of color and individuals with mental illness. Represented by the ACLU Foundation of Louisiana and a team of attorneys at White & Case LLP, the plaintiff sought compensatory damages, punitive damages, and the payment of attorneys’ fees.

On March 27, 2023, the Superintendent of LSP (a Supervisor Defendant) and the LSP (a Officer Defendant) moved to dismiss the claims brought against them. Subsequently, Judge Barbier granted the plaintiff’s April 26, 2023 motion to file an amended complaint, which was then filed the same day. The amended complaint added another supervisor defendant and added another claim against the Supervisor Defendants under 42 U.S.C § 1983 claims, alleging unlawful seizure. As a result of the amended complaint, the motion to dismiss was rendered moot. On June 21, 2023, the plaintiff voluntarily dismissed her claims against the State of Louisiana.

On June 23, 2023, the Superintendent and LSP again moved to dismiss the claims brought against them. The Superintendent and LSP asserted both sovereign immunity and qualified immunity as reasons to dismiss. While the motion was pending, the plaintiff and the Superintendent stipulated to dismiss plaintiff’s 42 U.S.C. § 1983 unlawful seizure claim against him. 

On August 31, 2023, Judge Barbier granted in part and denied in part the motion to dismiss. First, Judge Barbier held that the plaintiff’s state law claims for wrongful death, survival, battery, negligence, and negligent supervision and training against the Superintendent and LSP did not violate the doctrine of sovereign immunity, since the officers were sued in their individual capacities. Next, Judge Barbier ruled that the plaintiff was barred from bringing a §1983 claim under a theory of vicarious liability against the Superintendent. However, Judge Barbier found that the plaintiff could still bring a negligent supervision and training state law claim against the Superintendent, but that the Superintendent could raise the defense of discretionary immunity in a summary judgment motion, after suitable discovery. Finally, Judge Barbier ruled that the plaintiff’s §1983 claim for excessive force against LSP could proceed, because the plaintiff had alleged facts that “raise[d] a reasonable expectation that discovery w[ould] reveal evidence that LSP fired shots after [the victim] no longer posed a threat.” Judge Barbier also declined to issue an order limiting discovery to issues of LSP’s qualified immunity. 2023 WL 5630464. 

On September 29, 2023, the Superintendent and LSP noticed their appeal of Judge Barbier’s denial of qualified immunity and the denial of the request for a limitation of discovery. On October 4, 2023, the Superintendent and LSP filed a motion requesting to stay all discovery pending resolution of their September 29, 2023 appeal. On November 29, 2023, Judge Barbier granted in part and denied in part the motion to stay discovery. Judge Barbier ruled that discovery would only be stayed as to the §1983 claim against LSP and issues regarding his qualified immunity defense on appeal. However, discovery with respect to all other counts of the plaintiff’s amended complaint could proceed, since staying discovery on issues “not related to the pending appeal would unnecessarily delay the resolution of this case.” 2023 WL 8257971.

On December 8, 2023, LSP moved the Fifth Circuit to stay all discovery as to him in the District Court. On January 3, 2024, the Fifth Circuit (Judges Edith Jones, Stephen A. Higginson, James C. Ho) granted LSP’s motion and stayed all discovery as to him pending appeal. In a per curiam opinion, the Fifth Circuit noted that a limited stay would put LSP at risk of having to be deposed twice—once while litigation over the immunity defense is pending, and once afterward—which would “only exacerbate[] the burdens of litigation . . . [and] turn[] qualified immunity on its head by doubling the heavy costs of litigation.” Judge Higginson would have denied the stay because, in his view, the District Court complied with previous Fifth Circuit precedent and did not abuse its discretion in denying a stay of discovery on the state-law claims. 

On April 1, 2024, plaintiffs filed a second amended complaint. The amended complaint removed the Police Chief of the East Jefferson Levee District as a defendant, and added the acting (at the times  relevant to this action) Police Superintendent of the East Jefferson Levee District Police Department as a defendant. 

On June 27, 2024, plaintiff filed a motion for discovery seeking discovery regarding police training and practices. On July 8, 2024, defendants, however, filed a motion to limit discovery to the issue of qualified immunity. 

On June 5, 2024, the Fifth Circuit directed the district court to "limit discovery to to uncover only the facts necessary to rule on qualified immunity". Plaintiff moved for a discovery order permitting discovery on categories such as police training and practice. Defendants requested an order limiting discovery. 

On October 3, 2024, the plaintiffs petitioned the Supreme Court for a writ of certiorari, seeking review of a decision rendered by the United States Court of Appeals for the Fifth Circuit, regarding the question of appellate jurisdiction over routine discovery orders on an interlocutory basis in qualified immunity cases. On January 14, 2025, the U.S. Supreme Court denied the plaintiff's petition for a writ of certiorari. 

The case is ongoing. 

Summary Authors

Muiz Wani (2/15/2024)

Renuka Wagh (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65770350/parties/asante-chioke-v-dowdle/


Judge(s)

Barbier, Carl J. (Louisiana)

Attorney for Plaintiff

Ahmed, Nora Sam (Louisiana)

Crane, Lauren (Louisiana)

Das, Aabir (Louisiana)

Attorney for Defendant

Cutaiar, Trevor Matthew (Louisiana)

Documents in the Clearinghouse

Documents in this case
1

2:22-cv-04587

Complaint

Nov. 18, 2022

Nov. 18, 2022

Complaint
22

2:22-cv-04587

Amended Complaint

April 26, 2023

April 26, 2023

Complaint
47

2:22-cv-04587

Order and Reasons

Aug. 31, 2023

Aug. 31, 2023

Order/Opinion

2023 WL 5630464

66

2:22-cv-04587

Order and Reasons

Nov. 29, 2023

Nov. 29, 2023

Order/Opinion

2023 WL 8257971

69

2:22-cv-04587

Unpublished Order

U.S. Court of Appeals for the Fifth Circuit

Jan. 3, 2024

Jan. 3, 2024

Order/Opinion
83

2:22-cv-04587

Second Amended Complaint

April 1, 2024

April 1, 2024

Complaint
119

2:22-cv-04587

USCA Judgment

U.S. Court of Appeals for the Fifth Circuit

June 27, 2024

June 27, 2024

Order/Opinion
179

2:22-cv-04587

Letter Regarding Writ of Certiorari

Supreme Court of the United States

Jan. 14, 2025

Jan. 14, 2025

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65770350/asante-chioke-v-dowdle/

Last updated April 17, 2026, 4:49 a.m.

ECF Number Date Description Link
1 Nov. 18, 2022

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-9664724) filed by Malikah Asante-Chioke. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)Attorney Erin Bridget Wheeler added to party Malikah Asante-Chioke(pty:pla).(Wheeler, Erin) (Entered: 11/18/2022)

Clearinghouse
2 Nov. 18, 2022

Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Michael North. (mb) (Entered: 11/18/2022)

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Nov. 18, 2022

Initial Case Assignment

3 Nov. 22, 2022

Summons Issued as to Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle, Jonathon Downing, Gerard Duplessis, Robert Garner. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(cg) (Entered: 11/22/2022)

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4 Nov. 22, 2022

EXPARTE/CONSENT First MOTION to Appear Pro Hac Vice Nora Ahmed (Filing fee $ 100 receipt number ALAEDC-9668241) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 11/22/2022)

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5 Nov. 23, 2022

ORDER granting 4 Motion to Appear Pro Hac Vice as to Nora Sam Ahmed. Signed by Judge Carl Barbier on 11/22/22. (cg) (Entered: 11/23/2022)

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6 Jan. 11, 2023

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Meghan Matt by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Proposed Order)Attorney Meghan K. Matt added to party Malikah Asante-Chioke(pty:pla).(Matt, Meghan) (Entered: 01/11/2023)

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7 Jan. 12, 2023

ORDER granting 6 Motion to Enroll as Counsel of Record for Attorney Meghan K. Matt for Malikah Asante-Chioke. Signed by Judge Carl J Barbier on 1/11/2023. (gec) (Entered: 01/12/2023)

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8 Feb. 14, 2023

EXPARTE/CONSENT MOTION for Extension of Deadlines to Serve Defendants Downing & Doe by Malikah Asante-Chioke. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order)(Wheeler, Erin) (Entered: 02/14/2023)

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9 Feb. 16, 2023

ORDER granting 8 Motion for Extension of Deadlines to Serve Defendant. IT IS HEREBY ORDERED that the Plaintiff is granted an extension of time until June 1, 2023 to serve Jonathan Downing of the East Jefferson District Levee Police, and an extension until April 1, 2023 to serve Defendant Doe. Signed by Judge Carl J Barbier on 2/15/2023. (pp) (Entered: 02/16/2023)

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10 Feb. 16, 2023

WAIVER OF SERVICE Returned Executed; waiver sent to Gerard Duplessis on 1/23/2023, answer due 3/24/2023. (Wheeler, Erin) (Entered: 02/16/2023)

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11 Feb. 16, 2023

Waiver of Service Returned Unexecuted as to Lamar Davis. (Wheeler, Erin) (Entered: 02/16/2023)

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12 Feb. 16, 2023

Waiver of Service Returned Unexecuted as to Nicholas Dowdle. (Wheeler, Erin) (Entered: 02/16/2023)

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13 Feb. 16, 2023

SUMMONS Returned Executed; Department of Public Safety and Corrections State of Louisiana served on 2/13/2013, answer due 3/6/2013. (Wheeler, Erin) (Entered: 02/16/2023)

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14 Feb. 16, 2023

SUMMONS Returned Executed; Lamar A Davis served on 2/13/2013, answer due 3/6/2013. (Wheeler, Erin) (Entered: 02/16/2023)

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15 Feb. 16, 2023

SUMMONS Returned Executed; Nicholas Dowdle served on 2/13/2023, answer due 3/6/2023. (Wheeler, Erin) (Entered: 02/16/2023)

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16 March 8, 2023

EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 1 Complaint, by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. (Attachments: # 1 Proposed Order)Attorney Bert Joseph Miller added to party Lamar A Davis(pty:dft), Attorney Bert Joseph Miller added to party Department of Public Safety and Corrections State of Louisiana(pty:dft), Attorney Bert Joseph Miller added to party Nicholas Dowdle(pty:dft).(Miller, Bert) (Entered: 03/08/2023)

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17 March 27, 2023

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Party Nicholas Dowdle For Insufficient Service of Process, MOTION to Dismiss for Failure to State a Claim, MOTION for More Definite Statement by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. Motion(s) will be submitted on 5/3/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 03/27/2023)

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18 March 28, 2023

ORDER granting 16 Motion for Extension of Time to Answer 1 Complaint, as to Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle; answers due 3/27/2013. Signed by Judge Carl J Barbier. (gec) (Entered: 03/28/2023)

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19 March 31, 2023

ANSWER to 1 Complaint, by Gerard Duplessis.Attorney Mark Emerson Hanna added to party Gerard Duplessis(pty:dft).(Hanna, Mark) (Entered: 03/31/2023)

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20 April 25, 2023

EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by Malikah Asante-Chioke. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Wheeler, Erin) Modified on 4/26/2023 (gec). (Entered: 04/25/2023)

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21 April 26, 2023

ORDER granting 20 Motion for Leave to File Amended Complaint. Signed by Judge Carl J Barbier. (gec) (Entered: 04/26/2023)

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22 April 26, 2023

AMENDED COMPLAINT with Jury Demand against Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle, Jonathon Downing, Gerard Duplessis filed by Malikah Asante-Chioke.(gec) (Entered: 04/26/2023)

Clearinghouse
23 May 1, 2023

ORDERED that the 17 Motion to Dismiss and Motion for More Definite Statement is DENIED as moot without prejudice. Signed by Judge Carl J Barbier on 4/28/2023. (gec) (Entered: 05/01/2023)

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24 May 12, 2023

**ERROR: SEE REC. DOC. 25** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Aabir Saran Das (Filing fee $ 100 receipt number ALAEDC-9933827) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) Modified on 5/15/2023 (gec). (Entered: 05/12/2023)

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25 May 12, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Aabir Saran Das (Fee previously paid) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/12/2023)

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26 May 15, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Dana Foster (Filing fee $ 100 receipt number ALAEDC-9935047) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

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27 May 15, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Claire T. Marsden (Filing fee $ 100 receipt number ALAEDC-9935145) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

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28 May 15, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alison Perry (Filing fee $ 100 receipt number ALAEDC-9935209) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

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29 May 15, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Soraya Todd (Filing fee $ 100 receipt number ALAEDC-9935253) by Malikah Asante-Chioke. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Wheeler, Erin) (Entered: 05/15/2023)

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30 May 18, 2023

ORDER granting 25 Motion to Appear Pro Hac Vice as to Aabir Das for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

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31 May 18, 2023

ORDER granting 26 Motion to Appear Pro Hac Vice as to Dana Foster for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

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32 May 18, 2023

ORDER granting 27 Motion to Appear Pro Hac Vice as to Claire T. Marsden for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

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33 May 18, 2023

ORDER granting 28 Motion to Appear Pro Hac Vice as to Alison Perry for Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

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34 May 18, 2023

ORDER granting 29 Motion to Appear Pro Hac Vice as to Soraya Todd Malikah Asante-Chioke. Signed by Judge Carl J Barbier. (gec) (Entered: 05/18/2023)

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35 June 21, 2023

NOTICE of Voluntary Dismissal Without Prejudice as to State of Louisiana through the Department of Public Safety & Corrections by Malikah Asante-Chioke. (Foster, Dana) (Entered: 06/21/2023)

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36 June 23, 2023

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. Motion(s) will be submitted on 7/26/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 06/23/2023)

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37 June 23, 2023

ANSWER to 1 Complaint, 22 Amended Complaint with Jury Demand, by Jonathon Downing. Attorney Mark Emerson Hanna added to party Jonathon Downing (pty:dft).(Hanna, Mark) (Entered: 06/23/2023)

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38 June 23, 2023

ANSWER to 22 Amended Complaint with Jury Demand by Gerard Duplessis.(Hanna, Mark) (Entered: 06/23/2023)

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39 July 17, 2023

RESPONSE/MEMORANDUM in Support filed by Jonathon Downing, Gerard Duplessis re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim. (Hanna, Mark) (Entered: 07/17/2023)

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40 July 18, 2023

RESPONSE/MEMORANDUM in Opposition filed by Malikah Asante-Chioke re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim. (Foster, Dana) (Entered: 07/18/2023)

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41 July 18, 2023

Joint STIPULATION to Dismiss 42 U.S.C § 1983 Unlawful Seizure Claim by Malikah Asante-Chioke. (Foster, Dana) (Entered: 07/18/2023)

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42 July 26, 2023

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum in Support of 12b Motions to Dismiss)(Miller, Bert) (Entered: 07/26/2023)

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43 July 27, 2023

ORDER granting 42 Motion for Leave to File Reply. Signed by Judge Carl J Barbier. (gec) (Entered: 07/27/2023)

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44 July 27, 2023

REPLY to Response to Motion filed by Lamar A Davis, Department of Public Safety and Corrections State of Louisiana, Nicholas Dowdle re 36 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim. (gec) (Entered: 07/27/2023)

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45 Aug. 2, 2023

EXPARTE/CONSENT MOTION to Withdraw Claire Marsden as Attorney for Plaintiff Malikah Asante-Chioke by Malikah Asante-Chioke. (Attachments: # 1 Proposed Order)(Foster, Dana) Modified on 8/2/2023 (cg). (Entered: 08/02/2023)

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46 Aug. 3, 2023

ORDER granting 45 Motion to Withdraw as Attorney. Attorney Claire T. Marsden terminated. Signed by Judge Carl J Barbier. (gec) (Entered: 08/03/2023)

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47 Aug. 31, 2023

ORDER AND REASONS: It is ORDERED that filed the Rule 12(b) Motions to Dismiss (Rec. Doc. 36 ) is GRANTED IN PART AND DENIED IN PART. Plaintiff's vicarious liability claims against Col. Davis are dismissed. All other requested relief is denied. Signed by Judge Carl J Barbier. (gec) (Entered: 08/31/2023)

Clearinghouse
48 Sept. 9, 2023

ANSWER to 22 Amended Complaint with Jury Demand by Nicholas Dowdle.(Miller, Bert) (Entered: 09/09/2023)

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49 Sept. 9, 2023

ANSWER to 22 Amended Complaint with Jury Demand by Lamar A Davis.(Miller, Bert) (Entered: 09/09/2023)

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50 Sept. 20, 2023

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Erika Murdoch (Filing fee $ 100 receipt number ALAEDC-10163854) by Malikah Asante-Chioke. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Consent to Electronic Filing, # 4 Proposed Order)(Wheeler, Erin) (Entered: 09/20/2023)

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51 Sept. 22, 2023

ORDER granting 50 Motion to Appear Pro Hac Vice as to Erika Murdoch. Signed by Judge Carl J Barbier on 9/21/23. (Attachments: # 1 Pro Hac Notice) (cg) (Entered: 09/22/2023)

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52 Sept. 29, 2023

NOTICE OF INTERLOCUTORY APPEAL by Lamar A Davis, Nicholas Dowdle as to 47 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss/Failure to State a Claim,. (Filing fee $ 505 receipt number ALAEDC-10187285) (Watson, Craig) (Entered: 09/29/2023)

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53 Oct. 4, 2023

APPEAL TRANSCRIPT REQUEST by Lamar A Davis, Nicholas Dowdle re 52 Notice of Interlocutory Appeal. (Transcript is unnecessary for appeal purposes) (Watson, Craig) (Entered: 10/04/2023)

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54 Oct. 4, 2023

USCA Case Number 23-30694 appealed to 5th Circuit Court of Appeals for 52 Notice of Interlocutory Appeal, filed by Nicholas Dowdle, Lamar A Davis. (gec) (Entered: 10/04/2023)

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55 Oct. 4, 2023

MOTION to Stay Discovery by Lamar A Davis, Nicholas Dowdle. Motion(s) will be submitted on 11/1/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Miller, Bert) (Entered: 10/04/2023)

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Oct. 4, 2023

USCA Case Number

61 Oct. 16, 2023

Electronic Record on Appeal Access Granted to attorneys on file re 52 Notice of Interlocutory Appeal,. USCA Case Number 23-30694. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (djs) (Entered: 11/14/2023)

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56 Oct. 24, 2023

RESPONSE/MEMORANDUM in Opposition filed by Malikah Asante-Chioke re 55 MOTION to Stay Discovery . (Foster, Dana) (Entered: 10/24/2023)

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57 Nov. 1, 2023

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Discovery by Lamar A Davis, Nicholas Dowdle. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(Miller, Bert) (Entered: 11/01/2023)

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58 Nov. 2, 2023

ORDER granting 57 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 11/2/2023. (blg) (Entered: 11/02/2023)

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59 Nov. 2, 2023

REPLY to Response to Motion filed by Lamar A Davis, Nicholas Dowdle re 55 MOTION to Stay Discovery. (blg) (Entered: 11/02/2023)

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60 Nov. 3, 2023

MOTION for Leave to File Surreply Memorandum in Opposition to Motion to Stay Discovery by Malikah Asante-Chioke. (Attachments: # 1 Surreply, # 2 Proposed Order)(Foster, Dana) (Entered: 11/03/2023)

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62 Nov. 14, 2023

EXPARTE/CONSENT MOTION to Withdraw Meghan Matt as Attorney by Malikah Asante-Chioke. (Attachments: # 1 Proposed Order)(Matt, Meghan) (Entered: 11/14/2023)

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Nov. 14, 2023

Electronic Record on Appeal Access Granted

63 Nov. 15, 2023

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Meghan K. Matt terminated. Signed by Judge Carl J Barbier on 11/14/2023. (gec) (Entered: 11/15/2023)

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64 Nov. 16, 2023

ORDER granting 60 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 11/15/23. (cg) (Entered: 11/16/2023)

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65 Nov. 16, 2023

SUR-REPLY to Response to Motion filed by Malikah Asante-Chioke re 55 MOTION to Stay Discovery. (cg) (Entered: 11/16/2023)

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66 Nov. 29, 2023

ORDER AND REASONS - Before the Court is a Motion to Stay Discovery (Rec. Doc. 55) filed by Defendants, Col. Lamar A. Davis, and Nicholas Dowdle. IT IS HEREBY ORDERED that the Motion to Stay Discovery (Rec. Doc. 55 ) is GRANTED IN PART AND DENIED IN PART. Discovery is stayed only as to the § 1983 claims against Dowdle and issues regarding his qualified immunity defense on appeal. Discovery with respect to the other counts of Plaintiff's Amended Complaint may proceed. Signed by Judge Carl J Barbier on 11/29/23. (cg) (Entered: 11/29/2023)

Clearinghouse
67 Dec. 14, 2023

ORDER of USCA. IT IS ORDERED that Appellants' unopposed motion to supplement the record, with all district court filings from document #55 through document #66, is GRANTED. USCA Judge Name: James C. Ho (Attachments: # 1 Letter)(cg) (Entered: 12/14/2023)

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68 Jan. 2, 2024

SUPPLEMENTAL Electronic Record on Appeal Access Granted to attorneys on file re 52 Notice of Interlocutory Appeal,. USCA Case Number 23-30694. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (djs) (Entered: 01/02/2024)

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Jan. 2, 2024

Electronic Record on Appeal Access Granted

69 Jan. 3, 2024

ORDER of USCA. Accordingly, we grant the motion for stay of discovery pending appeal. USCA Judge Name: Jones, Higginson, and Ho (Attachments: # 1 Letter)(cg) (Entered: 01/08/2024)

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70 March 1, 2024

MOTION to Compel Defendants Downing and Duplessis to Respond to Discovery Requests by Malikah Asante-Chioke. Motion(s) referred to Michael North. Motion(s) will be submitted on 3/20/2024. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Compel Defendants Downing And Duplessis to Respond to Discovery Requests, # 2 Rules 37 Certificate, # 3 Proposed Order, # 4 Notice of Submission, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X)(Foster, Dana) Modified referral on 3/4/2024 (cg). (Entered: 03/01/2024)

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71 March 4, 2024

ORDER: IT IS ORDERED that Plaintiff's Motion to Compel Defendants Downing and Duplessis to Respond to Discovery Requests (rec. doc. 70 ) is SET FOR ORAL HEARING before the undersigned on Wednesday, March 20, 2024 at 11:00 a.m. in Courtroom B407, 500 Poydras Street, New Orleans Louisiana 70130. Signed by Magistrate Judge Michael North on 3/4/2024.(cs) (Entered: 03/04/2024)

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72 March 5, 2024

*DEFICIENT* MOTION for Leave to File Second Amended Complaint by Malikah Asante-Chioke. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Foster, Dana) Modified on 3/6/2024 (cg). (Entered: 03/05/2024)

RECAP
73 March 7, 2024

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Chikaodi Cybil Obiozor (Filing fee $ 100 receipt number ALAEDC-10432591) by Malikah Asante-Chioke. (Attachments: # 1 DECLARATION OF CHIKAODI C. OBIOZOR, # 2 Certificate of Good Standing, # 3 Consent to Electronic Filing, # 4 Proposed Order)(Wheeler, Erin) (Entered: 03/07/2024)

RECAP
74 March 11, 2024

ORDER granting 73 Motion to Appear Pro Hac Vice as to Chikaodi Obiozor. Signed by Judge Carl J Barbier on 3/8/24. (Attachments: # 1 Pro Hac Notice) (cg) (Entered: 03/11/2024)

RECAP
75 March 12, 2024

MOTION for Leave to File Second Amended Complaint by Malikah Asante-Chioke. Motion(s) referred to Michael North. Motion(s) will be submitted on 4/10/2024. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Notice of Submission, # 7 Proposed Order)(Foster, Dana) Modified referral and submission date on 3/12/2024 (cg). (Entered: 03/12/2024)

RECAP
76 March 12, 2024

Correction of Docket Entry by Clerk re 75 MOTION for Leave to File Second Amended Complaint. Because this Motion is opposed, it is referred to the Magistrate. Clerk took corrective action to set motion for submission on APRIL 10, 2024 before Magistrate Judge North. No further action is necessary. (cg) (Entered: 03/12/2024)

RECAP
77 March 12, 2024

RESPONSE/MEMORANDUM in Opposition filed by Jonathon Downing, Gerard Duplessis re 70 MOTION to Compel Defendants Downing and Duplessis to Respond to Discovery Requests . (Attachments: # 1 Exhibit A)(Hanna, Mark) (Entered: 03/12/2024)

RECAP
March 12, 2024

Correction of Docket Entry by Clerk

78 March 13, 2024

ORDER: IT IS ORDERED that Plaintiff's (Opposed) Motion for Leave to File Second Amended Complaint (rec. doc. 75 ) is SET FOR ORAL HEARING before the undersigned on Wednesday, April 10, 2024 at 11:00 a.m. in Courtroom B407, 500 Poydras Street, New Orleans Louisiana 70130. Signed by Magistrate Judge Michael North on 3/13/2024.(cs) (Entered: 03/14/2024)

RECAP
79 March 18, 2024

REPLY to Response to Motion filed by Malikah Asante-Chioke re 70 MOTION to Compel Defendants Downing and Duplessis to Respond to Discovery Requests . (Foster, Dana) (Entered: 03/18/2024)

RECAP
80 March 20, 2024

Minute Entry. Motion Hearing held on 3/20/2024 before Magistrate Judge Michael North. IT IS ORDERED that Plaintiff's Motion to Compel Defendants Downing and Duplessis to Respond to Discovery Requests (rec. doc. 70 ) is GRANTED IN PART. Parties shall comply as stated herein. (rt) (Entered: 03/25/2024)

RECAP
81 March 27, 2024

RESPONSE to Motion filed by Jonathon Downing, Gerard Duplessis re 75 MOTION for Leave to File Second Amended Complaint . (Hanna, Mark) (Entered: 03/27/2024)

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82 April 1, 2024

ORDER: IT IS ORDERED that Plaintiff's (Opposed) Motion for Leave to File Second Amended Complaint (rec. doc. 75 ) is GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED that the oral hearing set on April 10, 2024 is CANCELLED. Signed by Magistrate Judge Michael North on 4/1/2024. (cs) (Entered: 04/01/2024)

RECAP
83 April 1, 2024

SECOND AMENDED COMPLAINT with Jury Demand against Lamar A Davis, Nicholas Dowdle, Jonathon Downing, Gerard Duplessis, Unidentified Parties, Terry Durnin filed by Malikah Asante-Chioke.(cs) (Entered: 04/01/2024)

Clearinghouse
84 April 1, 2024

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Chloe Edmonds (Filing fee $ 100 receipt number ALAEDC-10465438) by Malikah Asante-Chioke. (Attachments: # 1 Declaration of Chloe Edmonds, # 2 Certificate of Good Standing, # 3 Consent to Electronic Filing, # 4 Proposed Order)(Wheeler, Erin) (Entered: 04/01/2024)

RECAP
85 April 2, 2024

ORDER granting 84 Motion to Appear Pro Hac Vice as to Chloe Edmonds. Signed by Judge Carl J Barbier on 4/2/24. (cg) (Entered: 04/02/2024)

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86 April 4, 2024

Minute Entry for proceedings held before Magistrate Judge Michael North: Status Conference held on 4/4/2024. IT IS ORDERED that Defendants Downing and Duplessis, through counsel, shall produce to Plaintiffs the video footage at issue at the conference no later than Wednesday, April 10, 2024. (cs) (Entered: 04/04/2024)

RECAP
87 April 5, 2024

Summons Issued as to Terry Durnin. (cs) (Entered: 04/05/2024)

RECAP
88 April 12, 2024

ORDER TRANSFERRING CASE. Case transferred to Magistrate Judge Eva J. Dossier. Magistrate Judge Michael North no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 04/12/2024.(lag) (Entered: 04/12/2024)

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89 April 15, 2024

ANSWER to 83 Amended Complaint with Jury Demand by Nicholas Dowdle.(Miller, Bert) (Entered: 04/15/2024)

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90 April 15, 2024

ANSWER to 83 Amended Complaint with Jury Demand by Lamar A Davis.(Miller, Bert) (Entered: 04/15/2024)

RECAP
91 April 15, 2024

ANSWER to 83 Amended Complaint with Jury Demand and Affirmative Defenses by Jonathon Downing, Gerard Duplessis.(Hanna, Mark) (Entered: 04/15/2024)

RECAP
92 May 3, 2024

MOTION to Compel Defendant Davis to Respond to Discovery Requests by Malikah Asante-Chioke. Motion(s) referred to Eva J. Dossier. Motion(s) will be submitted on 5/21/2024. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Compel Defendant Davis to Respond to Discovery Requests, # 2 Proposed Order, # 3 Notice of Submission, # 4 Rule 78.1 Request for Oral Argument, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I)(Foster, Dana) (Entered: 05/03/2024)

RECAP
93 May 6, 2024

Request/Statement of Oral Argument by Malikah Asante-Chioke regarding 92 MOTION to Compel Defendant Davis to Respond to Discovery Requests (cg) (Entered: 05/06/2024)

RECAP
94 May 6, 2024

MOTION to Strike Defendants' Affirmative Defenses by Malikah Asante-Chioke. Motion(s) will be submitted on 5/29/2024. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Strike Defendants' Affirmative Defenses, # 2 Proposed Order, # 3 Notice of Submission, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Foster, Dana) (Entered: 05/06/2024)

RECAP
95 May 6, 2024

Request/Statement of Oral Argument by Malikah Asante-Chioke regarding 94 MOTION to Strike Defendants' Affirmative Defenses . (Foster, Dana) (Entered: 05/06/2024)

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 18, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The daughter of a deceased, 52-year-old Black man that was killed by Louisiana police officers after the officers responded to an alert that a man was walking along a highway and appeared to be visibly distressed. The victim was carrying a gun and a knife, and the officers fired a total of thirty-six rounds at the man.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Jefferson Parish

State

Louisiana

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Eastern District of Louisiana 2:22-cv-04587

U.S. Court of Appeals for the Fifth Circuit 23-30694

Supreme Court of the United States 24-387

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to supervise

Failure to train

Pattern or Practice

Racial profiling

Disability and Disability Rights:

Mental Illness, Unspecified

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Medical/Mental Health Care:

Mental health care, unspecified

Policing:

Excessive force

Improper treatment of mentally ill suspects

Recommended Citation