Opinion

Varnado v. Carboni

Court
District Court, M.D. Louisiana
Filed
Sep 26, 2024
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

LAKEISHA VARNADO, ET AL. CIVIL ACTION

VERSUS NO. 24-133-SDD-RLB

JOSEPH CARBONI, ET AL.

ORDER

Before the Court is Defendant Officer Tafari Beard’s Motion to Stay Discovery. (R. Doc.

28). The deadline to file an opposition has expired. LR 7(f).

I. Background

In the operative Amended Complaint, Lakeisha Varnado, individually and on behalf of

her minor children K.A.V. and K.E.V., and Tredonovan Raby, who joins Lakeisha Varnado on

behalf of the minor T.R. (collectively, “Plaintiffs”) seek recovery under 42 U.S.C. § 1983 from

the City of Baton Rouge/Parish of East Baton Rouge (“City/Parish”) and the following officers

of the Baton Rouge Police Department: Joseph Carboni, Tafari Beard, Lorenzo Coleman, and

David Kennedy (collectively, “Defendants”). (R. Doc. 9). Plaintiffs seek recovery for

unreasonable search and seizure in violation of the Fourth Amendment of the U.S. Constitution,

Monell liability with respect to the City/Parish, and under state law. Among other things,

Plaintiffs allege that Ms. Varandao and the minor T.R. were subject to strip and body cavity

searches. (R. Doc. 9 at 30).

On July 1, 2024, the City/Parish filed a Motion to Dismiss, or alternatively, Motion for a

More Definite Statement. (R. Doc. 16). This motion remains pending before the district judge.

On August 29, 2024, Officer Beard filed a Motion to Dismiss, which seeks dismissal

pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim, as

well as under the doctrine of qualified immunity. (R. Doc. 25). This motion also remains pending

before the district judge.

On September 4, 2024, Officer Beard filed the instant Motion to Stay Discovery. (R.

Doc. 28). This motion, which was referred to the undersigned for resolution, seeks a stay of

discovery in light of his qualified immunity defenses. Plaintiffs have not filed a timely

opposition directly addressing this motion. See LR 7(f).

Instead, Plaintiffs filed two other motions addressing Officer Beard’s Motion to Dismiss.

First, Plaintiffs filed an Opposed Motion to Defer the Court’s Ruling of Motion to Dismiss and

to Allow Parties to Conduct Limited Discovery Related to the Qualified Immunity Claim of

Defendant Tafari Beard (“Motion for Limited Discovery”). (R. Doc. 31). In that motion, which

remains pending before the district judge, Plaintiffs seek the opportunity to conduct limited

discovery on the issue of qualified immunity prior to the issuance of any ruling on Officer

Beard’s Motion to Dismiss. Officer Beard opposes limited discovery in light of the Fifth Circuit

decision Carswell v. Camp, 54 F.4th 307 (5th Cir. 2022). (See R. Doc. 40).

Second, Plaintiff filed a motion seeking, in relevant part, leave to amend the complaint in

lieu of having to file an opposition to Officer Beard’s Motion to Dismiss. (See R. Doc. 34-1).1

This motion also remains pending before the district judge.

II. Law and Analysis

Rule 26(c) of the Federal Rules of Civil Procedure allows the court to issue a protective

order after a showing of good cause “to protect a party or person from annoyance,

embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c)(1). Rule 26(c)’s

“good cause” requirement indicates that the party seeking a protective order has the burden “to

1 The motion, which was filed under seal, also seeks leave to file under seal the proposed Exhibit A to the Second

Amended Complaint. (R. Doc. 34; see R. Doc. 34-4).

show the necessity of its issuance, which contemplates a particular and specific demonstration of

fact as distinguished from stereotyped and conclusory statements.” In re Terra Int’l, Inc, 134

F.3d 302, 306 (5th Cir. 1998) (quoting United States v. Garret, 571 F.2d 302, 3026 (5th Cir.

1990) (citation omitted).

“Trial courts possess broad discretion to supervise discovery.” Landry v. Air Line Pilots

Ass’n Int’l AFL-CIO, 901 F.2d 404, 436 n.114 (5th Cir. 1990) (citation omitted). “A trial court

has broad discretion and inherent power to stay discovery until preliminary questions that may

dispose of the case are determined.” Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987).

“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).

The Fifth Circuit has clarified that all discovery involving a defendant raising the defense

of qualified immunity in a motion to dismiss must be stayed until resolution of the defense of

qualified immunity:

The Supreme Court has now made clear that a plaintiff asserting constitutional

claims against an officer claiming [qualified immunity] must survive the motion

to dismiss without any discovery.

Carswell v. Camp, 54 F.4th 307, 311 (5th Cir. 2022). In Carswell, the Fifth Circuit concluded

that a district court abused its discretion by deferring its ruling on a motion to dismiss on

qualified immunity grounds and subjecting the public official defendants to discovery on the

plaintiff’s Monell claims, which created an undue burden in light of increased litigation costs and

complications caused by bifurcated discovery. Id. at 310-314. The Fifth Circuit expressly held

that the required stay of discovery is not limited to claims to which the defense of qualified

immunity is raised. Id.

In so ruling, the Fifth Circuit highlighted the Supreme Court’s concerns about the

burdens of litigation imposed on public officials. It also noted that these same burdens would be

present if the Court allowed discovery to proceed against defendants in different capacities or

against co-defendants that make no claim for qualified immunity:

It is no answer to these concerns to say that discovery for petitioners can be

deferred while pretrial proceedings continue for other defendants. It is quite likely

that, when discovery as to the other parties proceeds, it would prove necessary for

petitioners and their counsel to participate in the process to ensure the case does

not develop in a misleading or slanted way that causes prejudice to their position.

Even if petitioners are not yet themselves subject to discovery orders, then, they

would not be free from the burdens of discovery.

Id. at 313 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 685-86 (2009)). “In other words, the Court

ruled out even ‘minimally intrusive discovery’ against official defendants before a ruling that

plaintiff had met his burden to overcome the qualified immunity defense at the pleading

stage.” Carswell, 54 F.4th at 313 (quoting Iqbal, 556 U.S. at 686).

Consistent with Carswell, the undersigned has stayed all discovery where a defendant has

alleged qualified immunity and there was no practical manner to allow discovery to proceed

against a co-defendant that has not raised a defense of qualified immunity without prejudicing

the defendants who have raised the defense of qualified immunity. See, e.g., Miller v. LeBlanc,

No. 21-353-BAJ-RLB, 2022 WL 17490971 (M.D. La. Dec. 7, 2022).

Having reviewed the record and the applicable law, the Court finds it appropriate to stay

all discovery in this action until resolution of Officer Beard’s Motions to Dismiss, which raises

the defense of qualified immunity. The Carswell decision controls the outcome of the instant

motion to stay discovery. Given the assertion of the qualified immunity defense, the Court must

stay all discovery with respect to Defendants, including discovery pertaining to claims to which

the qualified immunity defense does not apply, because such discovery would present an undue

burden to Defendants. Carswell, 54 F.4th at 313-314.

The issue remains before the district judge regarding whether this stay of discovery

should be lifted, and limited discovery should be allowed regarding Officer Beard’s qualified

immunity defense, notwithstanding this Order. (See R. Doc. 31).

III. Conclusion

Based on the foregoing,

IT IS ORDERED that the Officer Beard’s Motion to Stay Discovery (R. Doc. 28) is

GRANTED, and discovery is STAYED until further order of the Court. The parties shall

contact the undersigned after the resolution of Officer Beard Motion to Dismiss (R. Doc. 25)

and/or Plaintiffs’ Motion for Limited Discovery (R. Doc. 31) so appropriate orders may be

entered if necessary.

Signed in Baton Rouge, Louisiana, on September 26, 2024.

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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