Louviere v. St. Tammany Par. Gov't
| Decision Date | 22 April 2021 |
| Docket Number | CIVIL ACTION NO. 20-1840-WBV-DPC SECTION: D (2) |
| Parties | KEVIN LOUVIERE, ET AL. v. ST. TAMMANY PARISH GOVERNMENT, ET AL. |
| Court | U.S. District Court — Eastern District of Louisiana |
Before the Court is a Motion to Dismiss Pursuant to Rule 12(b)(6), filed by defendants, Rodney J. Strain and Greg Longino.1 Plaintiffs oppose the Motion.2 After careful consideration of the parties' memoranda and the applicable law, the Motion is GRANTED.
This is an action for declaratory, injunctive and compensatory relief regarding the conditions of pre-trial detention in the four holding cells at St. Tammany Parish Jail. On June 29, 2020, Kevin Louviere, Terry Matthew Hall, Jr. and Floyd Williams (collectively, "Plaintiffs"), filed a Complaint seeking damages under 42 U.S.C. § 1983, asserting that they were forced to endure prolonged pre-trial detainment in dirty, cramped holding cells in St. Tammany Parish Jail (the "jail") in violation of their constitutional rights under the Fourteenth Amendment of the United States Constitution.3 Named as defendants in the Complaint are: (1) St. Tammany Parish Government a/k/a St. Tammany Parish Council; (2) Randy Smith, in his individualand official capacity as the Sheriff of St. Tammany Parish from July 1, 2016 to the present ("Sheriff Smith"); (3) Rodney J. Strain, in his individual and official capacity as Sheriff of St. Tammany Parish from 1996 until 2016 ("Strain"); (4) Greg Longino, in his individual and official capacity as Warden of the St. Tammany Parish Jail from "all relevant times and until October 11, 2019" ("Longino"); and (5) Lacey Kelly, in her individual and official capacity as Warden of the St. Tammany Parish Jail "[a]t all relevant times" ("Warden Kelly").4
Plaintiffs allege that the conditions of the holding cells presented a substantial risk of serious harm to pre-trial detainees, in violation of the Fourteenth Amendment to the United States Constitution and the Louisiana Constitution, and assert state law claims for negligence and respondeat superior.5 Specifically, Plaintiffs allege that pre-trial detainees were forced to endure detainment with as many as 24 detainees confined within a ten-foot by twenty-foot space for as long as 18 days.6 Plaintiffs assert that, as late as March 3, 2020, the number of detainees held in each holding cell ranged from 17 to 21.7 Plaintiffs further allege that pre-trial detainees were forced to sleep on the concrete floor, forced to urinate and defecate in front of each other in a toilet visible to all other detainees within the holding cell, deprived of hygienic products and denied access to showers for days at a time.8 Plaintiffs assert that the named defendants maintained a custom, practice, and de facto policy ofhousing new inmates in individual intake holding cells in excess of 48 hours without classifying and transferring new arrivals to the appropriate housing area.9 Plaintiffs allege that, upon information and belief, this custom, practice, and de facto policy was put in place as early as April 2011 when Strain was St. Tammany Parish Sheriff.10 Plaintiffs further assert that the United States Department of Justice (the "DOJ"), conducted an investigation in 2012, which resulted in a report notifying defendants, St. Tammany Parish and former Sheriff Strain, that as many as 30 prisoners were held in holding cells designed to hold 20 prisoners, and that prisoners were sleeping on floors and benches in holding cells with little or no bedding.11 Plaintiffs assert that the DOJ also found that prisoners were required to remain in the holding cells for days, if not weeks, before they were assigned to housing units.12
With respect to the three named plaintiffs, Plaintiffs assert that Kevin Louviere was detained in a holding cell with 22 other pre-trial detainees at St. Tammany Parish Jail for 12 days in June 2019, before "Defendants finally moved Mr. Louviere out of the inadequate holding cell."13 Plaintiffs allege that during that time, Louviere was battered by violent inmates twice, resulting in bruises to his head and face.14 Plaintiffs assert that Terry Matthew Hall, Jr. was detained in a holding cell for 15 days between October 18, 2019 and November 1, 2019, along with 15 other pre-trial detainees, before "Defendants finally moved Mr. Hall out of the inadequateholding cell."15 Plaintiffs also assert that Floyd Williams was detained in a holding cell for 5 days between September 28, 2019 and October 3, 2019, along with 30 other pre-trial detainees, before "Defendants finally moved Mr. Floyd Williams out of the inadequate holding cell."16 Plaintiffs claim that prior to September 28, 2019, when Smith was a police chief, he told Williams in the context of an unrelated matter that he 17 Plaintiffs allege that Williams was ill for two weeks following his release because he was deprived medication for his heart and breathing conditions.18 Plaintiffs further allege that in response to requests for medical assistance and sanitation, prison guards responded, "This is St. Slamity, if you don't like it, don't commit crimes in the parish."19
Plaintiffs allege that they were all forced to sleep on the bare concrete floor of their respective holding cells for the duration of their detainment, despite the availability of "cell space" and beds within the prison.20 Plaintiffs further allege that "jail staff admitted that the conditions of confinement were in place to teach inmates a lesson."21 Plaintiffs argue that the defendants failed to provide the minimum standards for the operation and management of Louisiana jails, set forth in Title 22, Part III, Subpart 2 of the Louisiana Administrative Code ("LAC").22 Plaintiffscontend that Title 22 of the LAC requires prisons to provide inmates with clean linen and bedding upon admission and at least once a week thereafter, disinfection of inmates' mattresses, pillows and mattress covers, daily access to showers, and to classify and transfer new inmates to an appropriate housing area no later than 48 hours after placing them in individual intake holding cells.23
Pursuant to Fed. R. Civ. P. 23(a), (b)(2), and (b)(3), Plaintiffs bring this action on behalf of themselves and a putative class of similarly situated individuals, defined as follows:
All detainees who have been or will be placed into the custody of the St. Tammany Parish Jail and were detained for at least two consecutive days in holding cells. The class period commences when this practice began, including but not limited to the time period commencing on June 29, 2019, and extends to the date on which St. Tammany Parish is enjoined from, or otherwise ceases, enforcing its policy, practice and custom of refusing to abide by appropriate detention and housing standards to all pre-trial detainees admitted to the St. Tammany Parish Jail and held in the intake and/or holding cell area. Specifically excluded from the class are Defendant and any and all of its respective affiliates, legal representatives, heirs, successors, employees or assignees.24
Plaintiffs seek a class-wide judgment declaring that the policies, practices and/or customs described above violate the Fourteenth Amendment to the United States Constitution, a class-wide injunction enjoining the defendants from continuing such policies, practices and/or customs, and an award of compensatory and punitive damages on behalf of the class, as well as attorney's fees and costs.25
On September 16, 2020, Longino and Strain, each in their official and individual capacities (collectively, "Defendants"), filed the instant Motion to Dismiss Pursuant to Rule 12(b)(6).26 Defendants assert that individual capacity claims against a supervisor under 42 U.S.C. § 1983 require Plaintiffs to allege either that Defendants affirmatively participated in the acts that caused the constitutional deprivation or that Defendants implemented an unconstitutional policy that causally resulted in the constitutional injury.27 Defendants argue that there are no such allegations in the Complaint against Longino or Strain. Defendants point out that Plaintiffs have alleged that Strain served as Sheriff of St. Tammany Parish from 1996 through June 30, 2016, and that Randy Smith has been the Sheriff of St. Tammany Parish since June 30, 2016.28 Defendants claim that Strain ceased exercising any authority over the St. Tammany Parish Sheriff's operations, including the jail, on June 30, 2016 when Sheriff Strain took office. Defendants also point out that Plaintiffs have alleged that Longino was the warden of the jail "at all relevant times and until October 11, 2019."29 Defendants highlight that, by Plaintiffs' own admission, Longino lacked authority over any aspect of the jail following October 11, 2019. Defendants note that Plaintiffs have not alleged that they were detained in St. Tammany Parish Jail while Strain served as Sheriff, and have alleged that only Williams was a pre-trial detainee while Longino was still employed by the Sheriff.30
Defendants assert that Plaintiffs have failed to allege that Strain enacted or created the policy of keeping individuals in holding cells for longer than 48 hours, and allege only that this policy was "maintained" by Strain, was "put in place as early as April 2011," and that Strain was Sheriff in 2012 when the DOJ wrote a report regarding the conditions of the jail.31 Defendants argue that these allegations are insufficient to state a claim against Strain considering no direct involvement is alleged. Defendants argue that Plaintiffs have likewise failed to allege any facts that would support an inference that Longino was in a position of authority at the jail at the time this policy was allegedly enacted, that Longino created the policy or that Longino was personally involved with any of the alleged constitutional violations claimed by ...
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