Case: Archer v. City of New Orleans

2:21-cv-01079 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 3, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit involved the Louisiana Police Department's use of force and noxious gas at a protest on June 3, 2020, in light of George Floyd's death. On June 6, 2021, plaintiff, a Orleans Parish resident who was subject to excessive force by police officers, brought suit against the New Orleans Police Department (NOPD), City of New Orleans, Mayor of New Orleans, Superintendent of the NOPD, Deputy Superintendent of the NOPD, Captain of the NOPD, a captain with the NOPD, a lieutenant with the NOPD…

This lawsuit involved the Louisiana Police Department's use of force and noxious gas at a protest on June 3, 2020, in light of George Floyd's death. On June 6, 2021, plaintiff, a Orleans Parish resident who was subject to excessive force by police officers, brought suit against the New Orleans Police Department (NOPD), City of New Orleans, Mayor of New Orleans, Superintendent of the NOPD, Deputy Superintendent of the NOPD, Captain of the NOPD, a captain with the NOPD, a lieutenant with the NOPD, three sergeants with the NOPD, three officers with the NOPD, and two detectives with the NOPD. This case was brought fort in the U.S. District Court for the Eastern District of Louisiana. The case was presided over by Judge Greg Gerard Guidry. Plaintiff alleged that she was peacefully protesting the police killing of George Floyd when NOPD officers hit her in the head with a flying tear gas grenade, which she alleged split open her head, required 12 stiches to fix, and led to the breaking of her tailbone. Plaintiff alleged that this incident caused her prolonged and severe neurological trauma. She sought redress for the violation of her Fourth and Fourteenth Amendments rights under 42 U.S.C. § 1983, alleging individual claims for excessive force and failure to intervene. Additionally, plaintiff also sought redress of the assault, battery, negligent injury, and intentional infliction of emotional distress perpetrated on her by Defendants, pursuant to LA. CODE CIV. PROC. art. 2315.  According to plaintiff, the NOPD ordered the deployment of tear gas without adequate policy or warning, and officers failed to intervene or provide medical assistance after she was injured. She sought remedies including declaratory judgments, compensatory damages for her injuries and medical costs, nominal and punitive damages, and attorneys' fees and costs. 

On March 30, 2022, this case was consolidated with another lawsuit brought by the American Civil Liberties Union of Louisiana on behalf of a group of protesters, for discovery purposes. On December 3, 2024, the case was deconsolidated. 

On December 3, 2024, defendants filed a motion for summary judgment, arguing there existed no genuine dispute as to the material facts bearing on whether Ms. Archer’s constitutional right to be free from excessive force under the Fourth Amendment and Fourteenth Amendment was violated.

A settlement conference was held on January 6, 2025, but a final resolution was not reached. A jury trial was set for September 29, 2025, but, on September 15, the court cancelled the trial and froze the case in its current posture. The case is ongoing.

 

Summary Authors

Andrew Eslich (3/5/2024)

Renuka Wagh (4/23/2025)

Avery Coombe (11/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59960218/parties/archer-v-new-orleans-city/


Documents in the Clearinghouse

Documents in this case
1

2:21-cv-01079

Complaint

June 3, 2021

June 3, 2021

Complaint
1

2:21-cv-01079

Complaint

June 3, 2021

June 3, 2021

Complaint
37

2:21-cv-01079

Motion for Summary Judgment

Dec. 3, 2024

Dec. 3, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59960218/archer-v-new-orleans-city/

Last updated April 14, 2026, 5:54 a.m.

ECF Number Date Description Link
1 June 3, 2021

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-8886856) filed by Katharine Archer. (Attachments: # 1 Civil Cover Sheet)Attorney Hannah Lommers-Johnson added to party Katharine Archer(pty:pla).(Lommers-Johnson, Hannah) (Entered: 06/03/2021)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 June 3, 2021

Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Janis van Meerveld. (cc) (Entered: 06/03/2021)

RECAP
June 3, 2021

Initial Case Assignment

3 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to New Orleans City on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

RECAP
4 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to LaToya Cantrell on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

RECAP
5 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Shaun D. Ferguson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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6 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to John Thomas on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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7 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to LeJon Roberts on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

RECAP
8 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Todd Morrell on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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9 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Kenny Prepetit on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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10 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Troy Johnson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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11 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Michael Pierce on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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12 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Michael Crawford on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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13 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Devin Joseph on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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14 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Dylen Pazon on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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15 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Damond Harris on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

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16 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Jason Jorgenson on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

RECAP
17 July 27, 2021

WAIVER OF SERVICE Returned Executed; waiver sent to Bryan Lampard on 6/11/2021, answer due 8/10/2021. (Lommers-Johnson, Hannah) (Entered: 07/27/2021)

RECAP
18 July 30, 2021

Notice of Related Case(s) by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas of related case(s) 21-cv-00852. Attorney Darren P. Tyus added to party LaToya Cantrell(pty:dft), Attorney Darren P. Tyus added to party Michael Crawford(pty:dft), Attorney Darren P. Tyus added to party Shaun D. Ferguson(pty:dft), Attorney Darren P. Tyus added to party Damond Harris(pty:dft), Attorney Darren P. Tyus added to party Troy Johnson(pty:dft), Attorney Darren P. Tyus added to party Jason Jorgenson(pty:dft), Attorney Darren P. Tyus added to party Devin Joseph(pty:dft), Attorney Darren P. Tyus added to party Bryan Lampard(pty:dft), Attorney Darren P. Tyus added to party Todd Morrell(pty:dft), Attorney Darren P. Tyus added to party New Orleans City(pty:dft), Attorney Darren P. Tyus added to party Dylen Pazon(pty:dft), Attorney Darren P. Tyus added to party Michael Pierce(pty:dft), Attorney Darren P. Tyus added to party Kenny Prepetit(pty:dft), Attorney Darren P. Tyus added to party LeJon Roberts(pty:dft), Attorney Darren P. Tyus added to party John Thomas(pty:dft).(Tyus, Darren) (Entered: 07/30/2021)

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19 July 30, 2021

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Mark Daniel Mcnamara; Renee e. Goudeau to be substituted in place of Darren P. Tyus by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Proposed Order)(Tyus, Darren) (Entered: 07/30/2021)

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20 Aug. 2, 2021

ORDER granting 19 Motion to Substitute Attorney. IT IS FURTHER ORDERED that Darren P. Tyus be and hereby is withdrawn as counsel of record for the City of New Orleans in this matter and that Deputy City Attorney Mark Daniel Macnamara is added as counsel of record and Renee E. Goudeau be and hereby is designated as lead counsel of record in his place. Signed by Judge Eldon E. Fallon on 7/30/2021. (cwa) (Entered: 08/02/2021)

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21 Aug. 13, 2021

ANSWER to 1 Complaint, by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas.(Goudeau, Renee) (Entered: 08/13/2021)

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22 Aug. 17, 2021

PRELIMINARY CONFERENCE NOTICE: A PRELIMINARY CONFERENCE will be held BY TELEPHONE on WEDNESDAY, SEPTEMBER 15, 2021, at 11:00AM, for the purpose of scheduling a pre-trial conference and trial on the merits and for a discussion of the status and discovery cut-off dates. Please use the following information to call in for the conference: Dial: 888-557-8511 Access code: 6655019. By Clerk.(jeg) (Entered: 08/17/2021)

RECAP
23 Sept. 16, 2021

ORDER: IT IS ORDERED that the Telephone Status Conference is set for Friday, September 24, 2021, at 9:00am before Judge Fallon. Please use the following dial-in information: Phone number 877-336-1839, Access code 4227405. It is requested that the parties fax a brief status letter to the court by Wednesday, September 22 to apprise Judge Fallon of the issues at hand. Signed by Judge Eldon E. Fallon on 9/15/2021.(cwa) (Entered: 09/16/2021)

RECAP
24 Sept. 22, 2021

ORDER REASSIGNING CASE. Case reassigned to Judge Greg Gerard Guidry and Magistrate Judge Michael North. Judge Eldon E. Fallon, Magistrate Judge Janis van Meerveld no longer assigned to case. Signed by Judge Eldon E. Fallon on 9/21/2021.(cwa) (Entered: 09/22/2021)

RECAP
25 Jan. 28, 2022

NOTICE Scheduling Conference set for 2/17/2022 11:30 AM before case manager by telephone. By Clerk.(dp) (Entered: 01/28/2022)

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26 Feb. 16, 2022

NOTICE OF CANCELLATION: A SCHEDULING CONFERENCE is currently set for THURSDAY, FEBRUARY 17, 2022. Due to an unexpected absence of the case manager the Scheduling Conference is cancelled. The scheduling conference will be reset upon her return to the court.(dp) (Entered: 02/16/2022)

RECAP
27 Feb. 21, 2022

NOTICE Scheduling Conference set for 3/2/2022 10:30 AM before case manager by telephone. By Clerk.(dp) (Entered: 02/21/2022)

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28 Feb. 21, 2022

EXPARTE/CONSENT MOTION to Withdraw Sunni J. LeBeouf as Attorney by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Proposed Order)(Turner, Donesia) (Entered: 02/21/2022)

RECAP
29 Feb. 23, 2022

ORDER granting 28 Motion to Withdraw as Attorney. Attorney Sunni Jones LeBeouf terminated. Signed by Judge Greg Gerard Guidry on 2/23/2022. (mm) (Entered: 02/23/2022)

RECAP
30 March 2, 2022

SCHEDULING ORDER: Final Pretrial Conference set for 11/2/2022 10:00 AM before Judge Greg Gerard Guidry. Jury Trial set for 11/28/2022 09:30 AM before Judge Greg Gerard Guidry. All discovery must be completed by 9/19/2022. Issued by Clerk for the Court. (Attachments: # 1 Pretrial Notice Form)(dp) (Entered: 03/02/2022)

RECAP
31 March 7, 2022

EXPARTE/CONSENT MOTION to Consolidate Cases for Discovery Purposes Only by LaToya Cantrell, Michael Crawford, Shaun D. Ferguson, Damond Harris, Troy Johnson, Jason Jorgenson, Devin Joseph, Bryan Lampard, Todd Morrell, New Orleans City, Dylen Pazon, Michael Pierce, Kenny Prepetit, LeJon Roberts, John Thomas. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Goudeau, Renee) Modified text on 3/7/2022 (mm). (Entered: 03/07/2022)

1 Memorandum in Support

View on RECAP

2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

4 Exhibit Exhibit 3

View on PACER

5 Proposed Order

View on PACER

RECAP
32 March 7, 2022

Correction of Docket Entry by Clerk re 31 MOTION to Consolidate Cases for Discovery Purposes Only. **Attachments 2, 3, 4 had duplicate descriptions. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (mm) (Entered: 03/07/2022)

RECAP
March 7, 2022

Correction of Docket Entry by Clerk

33 March 30, 2022

ORDER granting 31 MOTION to Consolidate Cases for Discovery Purposes Only. Case 21-1079 to be consolidated with 21-852. IT IS FURTHER ORDERED all pleadings hereafter filed in this consolidated proceeding shall bear the caption of the lead consolidated case (Civil Action No. 2:21-cv-852. IT IS FURTHER ORDERED that the trial and discovery deadlines set forth in the attached Scheduling Order (Rec. Doc. 30) in Archer will govern both the Archer and Williams cases. Signed by Judge Greg Gerard Guidry on 3/30/2022.(mm) (Entered: 03/30/2022)

RECAP
34 June 9, 2023

ORDER TRANSFERRING CASE. Case transferred to Judge Darrel James Papillion. Judge Greg Gerard Guidry no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 06/08/2023.(js) (Entered: 06/09/2023)

RECAP
35 Nov. 2, 2023

ORDER that the following deadlines shall apply to Williams v. Ferguson, 21-CV-852: All discovery must be completed by 5/17/2024. Final Pretrial Conference set for 1/8/2025 09:30 AM before Judge Darrel James Papillion. Jury Trial set for 1/21/2025 09:00 AM before Judge Darrel James Papillion. FURTHER ORDERED that the following deadlines shall apply to Archer v. New Orleans City, 21-CV-1079: All discovery must be completed by 05/17/2024. Final Pretrial Conference set for 11/27/2024 9:30 a.m. before Judge Darrel James Papillion. Jury Trial set for 12/09/2024 9:00 a.m. before Judge Darrel James Papillion. Signed by Judge Darrel James Papillion on 11/02/2023. (Originally filed at rec. doc. 149 in 21-cv-852) (Attachments: # 1 Pretrial Notice Form)(ko) (Entered: 11/02/2023)

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36 Dec. 3, 2024

ORDER that Civil Action No. 21-1079 is hereby deconsolidated from Civil Action 21-852. The parties shall make all future filings in the individual cases. FURTHER ORDERED that the parties shall confer with each other regarding which documents currently filed in the record for Civil Action No. 21-852 should be designated in the record for Civil Action No. 21-1079. Pursuant to Local Rule 10.2, said designations shall be filed no later than 12/10/2024. Signed by Judge Darrel James Papillion on 12/03/2024.(ko) (Entered: 12/03/2024)

RECAP
37 Dec. 3, 2024

MOTION for Summary Judgment by All Defendants. Motion(s) will be submitted on 9/18/2024. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Proposed Order, # 4 Notice of Submission) (Originally filed at rec. doc. 193 in 21-852)(ko) (Entered: 12/03/2024)

Clearinghouse
38 Dec. 3, 2024

RESPONSE/MEMORANDUM in Opposition filed by Katharine Archer re 37 MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Notice of Manual Attachment) (Originally filed at rec. doc. 198 in 21-852)(ko) (Entered: 12/03/2024)

RECAP
39 Dec. 4, 2024

ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in the above matter is hereby SCHEDULED, by telephone, for January 6, 2025 at 10:00 a.m. before Magistrate Judge Michael B. North. The settlement memorandum should also include a personal cell phone number of the lead attorney handling the settlement conference. The Court will contact the parties separately. Signed by Magistrate Judge Michael North on 12/4/2024. (rkr) (Entered: 12/04/2024)

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40 Dec. 10, 2024

NOTICE of Designated Documents for Deconsolidated Docket, by All Parties. (Lommers-Johnson, Hannah) (Entered: 12/10/2024)

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41 Dec. 16, 2024

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/17/2025 at 11:30 AM before Judge Darrel James Papillion. Status Conference set for 7/23/2025 at 2:00 PM before Judge Darrel James Papillion. Jury Trial set for 9/29/2025 at 9:00 AM before Judge Darrel James Papillion. Issued for the Court by the Clerk. (Attachments: # 1 Pretrial Notice Form)(cwa) (Entered: 12/16/2024)

RECAP
42 Jan. 6, 2025

Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/6/2025. Negotiations were productive but the parties have not yet reached a resolution. Further negotiations will proceed telephonically. (rkr) (Entered: 01/08/2025)

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43 July 1, 2025

In Limine

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44 July 23, 2025

Order on Motion in Limine AND Status Conference

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45 Aug. 5, 2025

Order AND Set Hearings

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46 Aug. 12, 2025

Enroll as Counsel of Record

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48 Aug. 13, 2025

Order on Motion to Enroll as Counsel of Record

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Aug. 13, 2025

Correction of Docket Entry by Clerk

49 Sept. 3, 2025

Settlement Conference

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50 Sept. 9, 2025

Extension of Time to File Document

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51 Sept. 9, 2025

Order on Motion for Extension of Time to File

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52 Sept. 11, 2025

Proposed Pretrial Order

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54 Sept. 11, 2025

Pretrial Memorandum

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55 Sept. 11, 2025

Seal Document

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Sept. 11, 2025

Correction of Docket Entry by Clerk

57 Sept. 12, 2025

Notice (Other)

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58 Sept. 12, 2025

Manual Attachment Received

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Sept. 12, 2025

Correction of Docket Entry by Clerk

59 Sept. 15, 2025

Order AND Terminate Scheduling Order Deadlines

RECAP

Case Details

State / Territory:

Louisiana

Case Type(s):

Policing

Key Dates

Filing Date: June 3, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A resident of New Orleans who participated in protest marches against police violence.

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of New Orleans

New Orleans Police Department

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Other Dockets:

Eastern District of Louisiana 2:21-cv-01079

Available Documents:

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 discipline

Failure to supervise

Failure to train

Policing:

Excessive force

Recommended Citation