Pierce v. Porter et al
| Louisiana Eastern District Court | |
| Judge: | Donna Phillips Currault |
| Referred: | Donna Phillips Currault |
| Case #: | 2:21-cv-01262 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jun 29, 2021 |
| Terminated: | Feb 02, 2024 |
| Last checked: Sunday May 22, 2022 1:47 AM CDT |
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Defendant
W Farrell
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Defendant
Warren Farrell
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Represented By
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Defendant
Dr. Ham
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Defendant
Jose Ham
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Represented By
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Defendant
Captain Kelly
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Defendant
Lacey Kelly
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Represented By
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Defendant
Jonathon Porter
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Defendant
Randy Smith
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Represented By
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Defendant
Captain Weary
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Defendant
Shaniqueka Weary
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Represented By
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Plaintiff
Wesley D. Pierce
24691 Setton Road
Livingston, LA 70754 |
GPO
Jun 06 2022
REPORT AND RECOMMENDATIONS re 25 MOTION for Temporary Restraining Order filed by Wesley D. Pierce, 28 MOTION to Dismiss for Failure to State a Claim, MOTION for Summary Judgment filed by Jose Ham, 3 Complaint filed by Wesley D. Pierce. It is therefore RECOMMENDED that Wesley D. Pierce's § 1983 claims against defendants Dr. Jose Ham, Captain Lacey Kelly, Sheriff Randy Smith, Deputy Warren Farrell, Captain Shaniqueka Weary, Lt. Chatelain, Deputy Johnathan Lott, Sgt. Robin, Deputy Widdle, Lt. Fayard, Deputy Dussoy, Deputy Foto, Sergeant Harris, Corporal Glover, Deputy Racheal Smith, Corporal Pelligrin, and Sergeant John Doe be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e), § 1915A and 42 U.S.C. § 1997e as frivolous and for failure to state a claim for which relief can be granted. It is further RECOMMENDED that Pierce's 25 Motion for Temporary Restraining Order be DENIED. It is further RECOMMENDED that Dr. Ham's 28 Motion to Dismiss/for Summary Judgment be DENIED AS MOOT. It is further RECOMMENDED that Pierce's § 1983 claims of excessive force and cruel and unusual punishment against defendant Jonathan Porter arising from the alleged sexual assaults occurring within the St. Tammany Parish Jail between December 2019 and October 2020 be allowed to proceed and remain referred to the undersigned Magistrate Judge for further pretrial proceedings. Objections to R&R due by 6/21/2022. Signed by Magistrate Judge Donna Phillips Currault on 6/6/2022.(cwa) |
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GPO
Jun 24 2022
ORDER ADOPTING 45 REPORT AND RECOMMENDATIONS: IT IS ORDERED that plaintiff Wesley D. Pierce's 42 U.S.C. 1983 claims against defendants Dr. Jose Ham, Captain Lacey Kelly, Sheriff Randy Smith, Deputy Warren Farrell, Captain Shaniqueka Weary, Lt. Chatelain, Deputy Johnathan Lott, Sergeant Robin, Deputy Widdle, Lt. Fayard, Deputy Dussoy, Deputy Foto, Sergeant Harris, Corporal Glover, Deputy Racheal Smith, Corporal Pelligrin, and Sergeant John Doe are DISMISSED WITH PREJUDICE, as stated herein. IT IS FURTHER ORDERED that Pierce's motion for temporary restraining order 25 is DENIED. IT IS FURTHER ORDERED that Dr. Ham's motion to dismiss, or alternatively, for summary judgment 28 is DENIED without prejudice as moot. Signed by Judge Barry W Ashe on 06/24/2022.(am) (NEF to Mag. Case Manager). |
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GPO
Jun 08 2023
ORDER AND REASONS denying 73 Motion to Dismiss. Signed by Magistrate Judge Donna Phillips Currault on 6/8/2023. (rt) |
| Docket last updated: 05/09/2025 11:59 PM CDT |
| Monday, June 24, 2024 | ||
| 98 | 98
1
pgs
order
Order on Motion for Reimbursement of Civil Pro Bono Panel Costs
Mon 06/24 2:17 PM
ORDER: IT IS ORDERED that the97 Motion for Reimbursement of Costs is GRANTED. IT IS FURTHER ORDERED that the Clerk is authorized to issue the law firm Kenneth C.Bordes, Attorney at Law, LLC reimbursement from the Attorney Registration and Disciplinary Fund in the amount of $1,526.00, to be paid on or before August 24, 2024. Signed by Magistrate Judge Donna Phillips Currault on 6/24/2024. (alm) (CC: Clerk, Financial, ProBono) Modified text on 6/24/2024 (alm) |
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| Friday, June 21, 2024 | ||
| 97 | 97
motion
Reimbursement of Civil Pro Bono Panel Costs
Fri 06/21 1:47 PM
EXPARTE/CONSENT Motion for Reimbursement of Civil Pro Bono Panel Costs by Wesley D. Pierce.(Bordes, Kenneth) |
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Att: 1
Proposed Order Proposed Order,
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Att: 2
Exhibit
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