Opinion

Hicks v. Department of Public Safety & Corrections

Court
District Court, M.D. Louisiana
Filed
Oct 6, 2021
Cited by
0 cases
Authority
More cited than 22.5%

directing that a plaintiff must “state a claim for relief that is plausible on its face”—excluding statements that are “no more than conclusions” which are “not entitled to the assumption of truth”

How later courts described this case

  • directing that a plaintiff must “state a claim for relief that is plausible on its face”—excluding statements that are “no more than conclusions” which are “not entitled to the assumption of truth”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

ELLIS RAY HICKS CIVIL ACTION

VERSUS NO. 19-108-SDD-RLB

LOUISIANA DEPARTMENT OF

PUBLIC SAFETY AND CORRECTIONS, ET AL.

ORDER

Before the Court is Tracy Dibenedetto (“Dibenedetto”), Sally Gryder (“Gryder”), and

Angela Griffin’s (“Griffin”) Motion to Stay Discovery and Cancel the Scheduling Order

Deadlines (the “Motion to Stay”). (R. Doc. 91). The motion is opposed. Defendants filed a

reply.1

I. RELEVANT BACKGROUND

Plaintiff, Ellis Hicks (“Plaintiff”) initiated this action on December 10, 2018 by filing of a

“Petition for Negligence, False Imprisonment, and Violation of Constitutional Rights”

(“Petition”) in state court against the State of Louisiana through the Louisiana Department of

Public Safety and Corrections (“DOC”), James LeBlanc (“LeBlanc), and Terry Lawson

(“Lawson”) (collectively, the “Original Defendants”). (R. Doc. 1-2). Plaintiff seeks recovery

pursuant to 42 U.S.C. § 1983 and Louisiana state law for the Original Defendants alleged

unlawful detainment of him for sixty days beyond the date of his legal release. (R. Doc. 1-2 at 3).

On February 20, 2019, the Original Defendants filed a Notice of Removal asserting that this

Court had subject matter jurisdiction pursuant to 28 U.S.C. § 1331. (R. Doc. 1).

1 On September 23, 2021, Plaintiff filed an Unopposed Motion for Extension of Discovery Deadlines requesting that

all deadlines be extended until January 17, 2022. (R. Doc. 110). The Court granted the motion, suspended the

discovery deadline of October 1, 2021, and stated that all unexpired discovery deadlines will be addressed when the

Court resolves the pending Motion to Stay and Motion to Compel. (R. Doc. 111).

On May 24, 2021, Plaintiff filed her Second Amended Complaint, which (1) removes

DOC as a defendant; (2) names Dibenedetto, Griffin, and Gryder (collectively, “Additional

Defendants”) as the individuals listed in the Amended Complaint as Does 1-3; (3) amends

certain facts alleged in the Amended Complaint to reflect information learned during the course

of discovery; and (4) amends the relief sought in each count of the Amended Complaint to

comport with his previous agreement to dismiss his claims for permanent injunction and

declaratory relief against LeBlanc and Lawson in their official capacity. (R. Doc. 83).

On August 5, 2021, the Additional Defendants filed their Motion to Dismiss Plaintiff’s

Second Amended Complaint in which they assert the defense of qualified immunity. (R. Doc.

90). Thereafter, on August 6, 2021, the Additional Defendants filed the instant Motion to Stay in

which they seek to stay discovery until their Motion to Dismiss Plaintiff’s Second Amended

Complaint is adjudicated. (R. Doc. 91 at 1). They further request that the October 1, 2021

discovery deadline and other related scheduling deadlines be cancelled until resolution of their

qualified immunity defense. (R. Doc. 91 at 2).

In opposition, Plaintiff asserts three arguments. First, Plaintiff argues that the Motion to

Stay should be denied because the discovery sought regarding the Additional Defendants is

unavoidable. According to Plaintiff, the discovery sought from the Additional Defendants “is

sought regardless of whether they remain parties to the constitutional claims for which they seek

immunity, or even parties to the action.” (R. Doc. 97 at 3). Particularly, Plaintiff argues that, as

supervisors of Lawson, Griffin and Gryder “have discoverable information relating to” Plaintiff’s

claims of over detention. (R. Doc. 97 at 3).

Second, Plaintiff requests the Court to consider the merits of the Additional Defendants’

qualified immunity defense. Plaintiff suggests that upon such consideration the Court will find

that the Additional Defendants are not entitled to qualified immunity, and therefore, discovery

should not be stayed. (R. Doc. 97 at 4). Third, Plaintiff contends that he should be allowed to

seek discovery regarding his state law claims from the Additional Defendants because qualified

immunity is only available for damages for violation of federal statutes and constitutional law.

(R. Doc. 97 at 4). Finally, Plaintiff contends that if a stay of discovery is granted, it should apply

equally to Plaintiff. (R. Doc. 97 at 6).

II. LAW AND ANALYSIS

“The district court has ‘broad discretion and inherent power to stay discovery until

preliminary questions that may dispose of the case are determined.’” Fujita v. United States, 416

F. App’x 400, 402 (5th Cir. 2011) (quoting Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987)).

Federal Rule of Civil Procedure 26(c) permits the Court to stay discovery for “good cause.” The

burden is on the movant to show the necessity of its issuance, which contemplates a particular

and specific demonstration of fact as distinguished from stereotyped and conclusory statements.

Martin v. Roy, No. 20-339, 2021 WL 890582, at *2 (M.D. La. Mar. 9, 2021) (quoting United

States v. Garrett, 571 F.2d 1323, n.3 (5th Cir. 1978)).

The qualified immunity defense affords government officials not just immunity from

liability, but immunity from suit.” Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir. 1996)

(citing Mitchell v. Forsyth, 472 U.S. 511, 525-26 (1985)). Qualified immunity shields

government officials from individual liability for performing discretionary functions, unless their

conduct violates clearly established statutory or constitutional rights of which a reasonable

person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

“One of the most salient benefits of qualified immunity is protection from pretrial

discovery, which is costly, time-consuming, and intrusive[.]” Backe v. LeBlanc, 691 F.3d 645, 648

(5th Cir. 2012) (citing Helton v. Clements, 787 F.2d 1016, 1017 (5th Cir. 1986)). Accordingly, the

Fifth Circuit “has established a careful procedure under which a district court may defer its

qualified immunity ruling if further factual development is necessary to ascertain the availability of

that defense.” Backe, 691 F.3d at 648. Under this procedure, “a district court must first find ‘that

the plaintiff’s pleadings assert facts which, if true, would overcome the defense of qualified

immunity.’” Id. (citing Wicks v. Miss. State Emp't Servs., 41 F.3d 991, 994-95 (5th Cir. 1995);

Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (directing that a plaintiff must “state a claim for

relief that is plausible on its face”—excluding statements that are “no more than conclusions”

which are “not entitled to the assumption of truth”)). “Thus, a plaintiff seeking to overcome

qualified immunity must plead specific facts that both allow the court to draw the reasonable

inference that the defendant is liable for the harm he has alleged and that defeat a qualified

immunity defense with equal specificity.” Backe, 691 F.3d at 648.

Having reviewed the record, the Court finds it appropriate to stay all discovery as to the

Additional Defendants until resolution of the pending Motion to Dismiss Plaintiff’s Second

Amended Complaint.

As the Additional Defendants point out, the district court has not indicated that discovery

is needed to rule on the Additional Defendants’ qualified immunity defense, thus making

discovery unavoidable. See Lion Boulos, 834 F.2d at 508. Further, the Court agrees that all of

Plaintiff’s theories of liability, including those raised under state law, arise out of a single set of

facts such that Plaintiff’s constitutional claims are inextricably intertwined with the other claims.

(R. Doc. 107 at 5). Accordingly, discovery is inappropriate until the district judge has determined

that Plaintiff’s Second Amended Complaint asserts facts which, if true, would overcome the

defense of qualified immunity raised by the Additional Defendants. See Backe, 691 F.3d at 648.

III. CONCLUSION

Based on the foregoing,

IT IS ORDERED that the Additional Defendants’ Motion to Stay (R. Doc. 91) is

GRANTED. Discovery is STAYED as it pertains to the Additional Defendants, including

discovery sought by the Additional Defendants from Plaintiff, until the resolution of the

Additional Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint. (R. Doc. 90).

IT IS FURTHER ORDERED that the deadlines in the Court’s Scheduling Order (R.

Doc. 72) are CONTINUED, until the resolution of the Additional Defendants’ Motion to

Dismiss Plaintiff’s Second Amended Complaint. (R. Doc. 90). Should a ruling be issued on the

Motion to Dismiss Plaintiff’s Second Amended Complaint, counsel shall immediately contact

the undersigned so that appropriate action may be taken.

Signed in Baton Rouge, Louisiana, on October 6, 2021.

S

RICHARD L. BOURGEOIS, JR.

U NITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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