“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.”
How later courts described this case
- “[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.”
- “Public interest is near its zenith when ensuring that public organizations are being operated in accordance with the law. . . .”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
BRUCE CHARLES, ET AL. CIVIL ACTION NO. 18-0541
VERSUS JUDGE ELIZABETH E. FOOTE
JAMES M LEBLANC, ET AL. MAGISTRATE JUDGE HORNSBY
MEMORANDUM ORDER
Before the Court are three motions filed by Defendants. First, Defendants filed a
motion to stay pending appeal. Record Document 758. Plaintiffs opposed this motion,
and Defendants replied. Record Documents 761 & 798. Second, Defendants filed an
unopposed motion for clarification of this Court’s order denying Plaintiffs’ Federal Rules
of Civil Procedure 52(b) and 59(e) motion. Record Document 811 (seeking
clarification of Record Document 809). Defendants seek clarification as to whether the
Court intended to deny or otherwise comment on Defendants’ original motion to stay
through that order. at 3. Third, Defendants filed a renewed motion to stay pending
appeal. Record Document 827. Plaintiffs opposed this motion. Record Document
829.
For the following reasons, Defendants’ original motion to stay [Record Document
758] and Defendants’ renewed motion to stay [Record Document 827] are DENIED.
Defendants’ motion for clarification [Record Document 811] is DENIED AS MOOT in
light of the Court’s ruling on the motion to stay.
Background
Inmates at David Wade Correctional Center (“DWCC”) filed this class action suit
for injunctive and declaratory relief, challenging the conditions of confinement and
delivery of mental health services on extended lockdown. Plaintiffs alleged the policies
and practices in place at DWCC violated the Eighth Amendment of the United States
Constitution, Title II of the Americans with Disabilities Act (“ADA”), and Section 504 of
the Rehabilitation Act of 1973 (“RA”). The Court certified a class of all prisoners who are
or will be subject to extended lockdown at DWCC to pursue the Eighth Amendment claims
(the “Class”) and a subclass consisting of all individuals on extended lockdown at DWCC
who have or are perceived as having a qualifying disability related to mental health—as
defined by the ADA—to pursue the ADA and RA claims (the “Subclass”). Record
Document 462.
The Court bifurcated the trial in this matter into a liability phase and a remedy
phase. For the liability phase, the Court conducted a seventeen-day bench trial beginning
January 10, 2022. The Court considered evidence of prison conditions up to March 15,
2020. On November 1, 2022, the Court issued a 165-page opinion holding that (1)
Defendants violated the Eighth Amendment by housing inmates—including those with a
diagnosed mental illness—in inhumane conditions while on extended lockdown and by
failing to provide those inmates adequate mental health care; and (2) Defendants violated
the ADA and RA by failing to make reasonable accommodations for inmates with mental
disabilities and by employing unlawful methods of administration. Record Document
641.
Beginning on January 17, 2023, the Court conducted a fourteen-day bench trial
for the remedy phase. During this phase, the Court heard evidence of conditions of
confinement between March 15, 2020, and August 30, 2022.1 On July 18, 2024, the Court
issued an opinion [Record Document 754], Remedial Order [Record Document 755], and
Judgment [Record Document 756]. In its 172-page Opinion, the Court held that Plaintiffs
proved by a preponderance of the evidence that the Eighth Amendment, ADA, and RA
violations for which they sought protection had continued since the liability phase of trial
and would continue into the future. Record Document 754. The Court enjoined
Defendants from (1) continuing to violate the Eighth Amendment rights of the Class
through the unconstitutional conditions of confinement and provision of deficient mental
health services; and (2) continuing to violate the ADA and RA rights of the Subclass.
. Finally, the Court ordered Defendants to remedy the enumerated constitutional, ADA,
and RA violations. .
On August 2, 2024, Defendants appealed the July 18, 2024, rulings. That same
day, Defendants also sought a stay with this Court pending appeal and requested
expedited consideration. Record Document 758. On August 5, 2024, the Court denied
the request for expedited consideration. Record Document 762. On August 12, 2024,
1 Defendants repeatedly contend the cutoff date for discovery of prison conditions was in
error because they could not present evidence of current conditions. However, as this
Court has explained previously, “the Court has discretion to establish its own discovery
deadlines to promote the progression of trial.” Record Document 742 at 2. The Court
selected August 30, 2022, as the discovery cutoff date to end “the endless cycle of
discovery.” . Nevertheless, to ameliorate the effect of those rulings, the Court
incorporated a process into its Remedial Order to assess the current prison conditions.
before this Court ruled on the motion to stay, Defendants moved the United States Court
of Appeals for the Fifth Circuit to stay this Court’s orders pending appeal. Mot. Admin.
Stay & Stay District Ct.’s Order Pending Appeal, , No. 24-30484 (5th
Cir. Aug. 12, 2024), ECF. No. 16. On August 14, 2024, Plaintiffs filed their response to
the motion to stay filed in the Fifth Circuit. Opp’n to Mot. Admin. Stay & Stay District
Ct.’s Order Pending Appeal, , No. 24-30484 (5th Cir. Aug. 14, 2024), ECF. No. 28.
That same day, Plaintiffs also filed a motion in this Court urging it to enter additional
factual findings and/or amend the Court’s July 18, 2024, rulings in response to the
Defendants’ arguments in their Motion to Stay. Record Document 787 at 2.
Thereafter, the Fifth Circuit ordered Defendants’ appeal be held in abeyance until
this Court denied Plaintiffs’ cross-motion. , No. 24-30484, 2024 WL
3842581, at *2 (5th Cir. Aug. 16, 2024). On September 20, 2024, the Court denied
Plaintiffs’ cross-motion. Record Document 809. On September 27, 2024, Defendants
filed an unopposed motion for clarification of the Court’s denial of Plaintiffs’ cross-motion.
Record Document 811. Defendants seek clarification as to whether the Court
intended to deny the motion to stay, take no action on that motion, or rule on that motion
in a separate order.
On December 13, 2024, Defendants filed an opposed motion to stay further
proceedings in the Fifth Circuit pending the Fifth Circuit’s decision in ,
No. 23-30825 (5th Cir.). Mot. Stay Further Proceedings, , No. 24-30484 (5th
Cir. Dec. 13, 2024), ECF. No. 74. The Fifth Circuit granted that motion. Order,
, No. 24-30484 (5th Cir. Dec. 27, 2024), ECF No. 91. On February 12, 2025, the
Fifth Circuit panel dismissed the appeal for lack of jurisdiction and vacated the
stay of that district court’s remedial order. , 128 F.4th 691, 693 (5th
Cir. 2025). On April 22, 2025, the Fifth Circuit granted the Defendants’ petition for
rehearing en banc and vacated the previous February 12, 2025, panel decision.
, 134 F.4th 867, 868 (5th Cir. 2025).
On April 23, 2025, this Court convened a status conference to discuss the
procedural status of this case. Record Document 826. At the end of that status
conference, the Court ordered the parties to submit a proposed scheduling order by June
6, 2025, that addresses briefing deadlines for any pending motions (including the pending
motion to stay) and sets forth a plan for proceeding under the Court’s Remedial Order.
Following the submission of those scheduling orders, the Court intends to
“determine a realistic scheduling order for the parties moving forward.” at 2. On May
14, 2025, Defendants renewed their motion to stay and additionally moved to stay this
Court’s April 23, 2025, Order. Record Document 827.
Law & Analysis
In determining whether to grant a motion to stay pending appeal, courts consider
the following factors:
(1) whether the stay applicant has made a strong showing that he is likely
to succeed on the merits; (2) whether the applicant will be irreparably
injured absent a stay; (3) whether issuance of the stay will substantially
injure the other parties interested in the proceeding; and (4) where the
public interest lies.
, 769 F.3d 890, 892 (5th Cir. 2014) (quoting , 556 U.S.
418, 426 (2009)). A balancing of these factors clearly indicates that the motion to stay
must be denied.
First, Defendants are not likely to succeed on the merits. Defendants point to four
alleged errors that they argue make them likely to succeed on the merits on appeal: “(1)
the Remedial Order violates principles of federalism; (2) the Remedial Order is
impermissibly vague and overbroad . . . ; (3) the Remedial Order violates the
requirements of the PLRA . . . ; and (4) the Remedy Opinion and Remedial Order are not
based upon current conditions . . . .” Record Document 759 at 12. Defendants additionally
argue that the Fifth Circuit’s decision to rehear en banc supports staying this
matter pending appeal. Record Document 827.
Having reviewed Defendants’ arguments, the Court does not find Defendants are
likely to succeed on appeal. The Court conducted two trials in this matter, for a combined
total of days. During those trials, the Court heard extensive evidence of the
conditions at DWCC. The Court subsequently issued detailed findings of law and fact in
two opinions and related orders, totaling over 300 pages. Defendants’ purported errors
do not affect the validity and propriety of the Court’s rulings. Thus, Defendants are not
likely to succeed on the merits.
Nor does the third factor support a stay. Defendants argue Plaintiffs will not be
substantially harmed because current prison conditions are “more than constitutional.”
Record Document 759 at 26. In so arguing, Defendants seek to ignore both the
evidence of constitutional violations the Court considered during the trial and this Court’s
attempt to survey current conditions through the process set out in its Remedial Order.
Defendants additionally point to the procedural history of this case, arguing that the
length of time this case was under advisement indicates the Court does not believe
Plaintiffs are being substantially injured. . This argument is wholly without merit.
The time the Court spent considering this case evidences the seriousness with which the
Court undertook its analysis of the conditions at DWCC. Thirty-one days of trial and over
300 pages of opinions considering the conditions and potential remedies do, of course,
take time. Having found Defendants violated the constitutional and statutory rights of
Plaintiffs, any further delay would be a disservice to both Plaintiffs and the public and
would result in substantial, irreparable harm to Plaintiffs.
For this reason, too, the fourth factor weighs in favor of Plaintiffs because a stay
does not lie in the public interest. As Defendants note, “[t]he public has a vested interest
in the operation and security of prisons within the State of Louisiana.” Record Document
759 at 26. Thus, the public has a vested interest in ensuring that the operation of prisons
is constitutional and does not violate the law. , 465 F.3d 174, 180-
81 (5th Cir. 2006) (“Public interest is near its zenith when ensuring that public
organizations are being operated in accordance with the law. . . .”) (quoting
, 800 F.2d 613, 616 (6th Cir.1986)); , 760
F.3d 448, 458 n. 9 (5th Cir. 2014) (“[I]t is always in the public interest to prevent the
violation of a party’s constitutional rights.”); , No. 23-CV-
272, 2025 WL 863640, at *4 (S.D. Miss. Mar. 19, 2025) (“The public has a strong interest
in protecting constitutional rights.”). In this Court’s purview, that interest certainly
outweighs the Defendants’ proffered interest of the “substantial costs to be borne by the
taxpayers of the State of Louisiana.” Record Document 759 at 26. Therefore, the public
interest lies with Plaintiffs.
Finally, even if Defendants have shown they may be irreparably harmed by
compliance costs, that factor is heavily outweighed by the remaining factors. Defendants’
argument as to irreparable harm contradicts their argument that current prison conditions
are “more than constitutional.” . Defendants argue they will be burdened with
“astronomical costs” and will be “forced to operate [this] correctional system under the
purview of the federal government.” . at 24, 26. But if Defendants are indeed
correct that they have remedied the constitutional and statutory violations at DWCC, their
costs and obligations under the Remedial Order will be relatively minimal. And the minimal
cost of that compliance is, of course, justified by this Court’s extensive findings of
constitutional and statutory violations affecting Plaintiffs. Therefore, even to the extent
that Defendants will be “irreparably harmed” by compliance costs, that factor is heavily
outweighed by the remaining three factors.2
After extensive consideration of the merits, the Court found that the conditions at
DWCC violated Plaintiffs’ constitutional and statutory rights and that these violations were
likely to continue. To further delay remediation of these violations, Defendants filed the
instant motions. The harms and costs Defendants allege they will suffer if this Court
proceeds are negligible in light of the severe harms being sustained by Plaintiffs. This is
2 Notably, at present, Defendants’ only obligation is to submit a proposed scheduling
order to this Court for consideration.
especially so considering that the Remedial Order is not the final iteration of this Court’s
injunctive relief. Instead, the Remedial Order simply sets out a process for determining if
Defendants continue to engage in the identified violations. If—as Defendants allege—
they have remediated the identified violations, the cost and burden of complying with
this process should be minimal. Because the stay factors weigh heavily in favor of
Plaintiffs, the non-movant, Defendants’ motion to stay must be denied.
Conclusion
For the reasons assigned herein, IT IS ORDERED that Defendants’ original
motion to stay [Record Document 758] and Defendants’ renewed motion to stay [Record
Document 827] are DENIED. The Court’s order for the parties to submit a proposed
scheduling order by June 6, 2025 [Record Document 826] is still in effect.
IT IS FURTHER ORDERED that Defendants’ motion for clarification [Record
Document 811] is DENIED AS MOOT in light of the Court’s ruling on the motion to stay.
6th
THUS DONE AND SIGNED this/ 5th day of June, 2025.
ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE