Religious Liberty

Doe v. Tangipahoa Parish School Board: (U.S. District Court, Eastern District of Louisiana) Parents and two of their children object to prayers at school board meetings. The ACLU filed suit challenging the prayers, marking our seventh lawsuit against Tangipahoa Parish School Board. The case is set for trial later this year. The Doe family is represented by ACLU cooperating attorney Ronald L. Wilson and Legal Director Katie Schwartzmann.

Free Speech

Global Wildlife Center v. Hammond Action News: (21st Judicial District Court, State of Louisiana) Hammond Action News, a satirical website that parodies news around Hammond, Louisiana, was sued for a spoof it ran on a mock injury at the Global Wildlife Center in Folsom, Louisiana. Global Wildlife claimed that the website hurt its reputation, and a local judge ordered Hammond Action News to remove the article. The ACLU filed a "friend of the court" amicus brief in support of Hammond Action News' free speech rights. The court agreed with the ACLU, and reversed the order that the site come down. VICTORY! The ACLU was represented on brief by cooperating attorney Michael D. Bass and Legal Director Katie Schwartzmann.

Simmons v. City of Mamou: (U.S. District Court, Western District of Louisiana at Lafayette) Bobby Simmons was arrested and thrown in jail for "defaming" the Police Chief in Mamou. His crime? Asking a local newspaper why they had not covered misconduct on the part of the police chief. Because we live in the United State of America and not Stalinist Russia, the ACLU has filed a lawsuit on behalf of Mr. Simmons. The First Amendment freedom of speech protects the right to contact a newspaper about misconduct on the part of public officials. This case is in discovery, and Mr. Simmons is represented by ACLU cooperating attorney David Benoit and Legal Director Katie Schwartzmann.

Due Process

Houston v. City of New Orleans: (U.S. District Court, Eastern District of Louisiana) Errol Houston is a small business owner from New Orleans East who has no criminal record and who lawfully owns a gun. Houston was arrested by the New Orleans Police Department at a traffic stop, and the police seized his gun. Although charges were dismissed against him, the NOPD and District Attorney refuse to return Mr. Houston's gun to him. The ACLU has filed a lawsuit to require the City to return Mr. Houston's lawfully owned, permitted weapon to him. Mr. Houston is represented by cooperating attorney Craig Freeman and Legal Director Katie Schwartzmann.

In re A.B.:  (Orleans Parish Juvenile Court) A.B. is a New Orleans teenager who was on probation in Orleans Parish Juvenile Court. Although he was fully compliant with the terms of his probation, including attending school, abiding by a curfew, and passing regular drug tests, the juvenile court ordered that A.B. shave off his dreadlocks or go to jail. At the request of his public defender, the ACLU assisted with an emergency writ to the Fourth Circuit Court of Appeals, arguing that requiring a child to cut his hair is not a legitimate term of probation and violates A.B.'s due process rights. The Fourth Circuit agreed and reversed the juvenile court order. VICTORY! A.B. was represented by his public defender Celia Rutherford and Legal Director Katie Schwartzmann.

Reno v. East Baton Rouge Parish School Board: (U.S. District Court, Middle District of Louisiana) Last spring, the ACLU won a court order preventing the East Baton Rouge Parish School Board from conducting suspicionless drug tests on school teachers. Because a drug test reveals your most private information- including, for example, what medications you take, and whether you are pregnant- the ACLU believes that drug tests should only be conducted where there is reason to believe that an employee is under the influence of drugs. The Baton Rouge school system was drug testing teachers without any suspicion that they were under the influence. The ACLU won an injunction prohibiting the tests, and continues to provide assistance on an individual damages case stemming from the drug testing of teacher Peggy Reno. Ms. Reno is represented by attorney Yigal Bander, the ACLU Drug Law Reform Project, and Legal Director Katie Schwartzmann.

Terry v. City of New Orleans: (U.S. Court of Appeals for the Fifth Circuit) James Terry was wrongfully arrested and detained for 7 months without ever being charged with a crime. The ACLU filed a lawsuit on his behalf, and has prevailed on a motion for summary judgment. The State has appealed that win to the Fifth Circuit, and the case is set for oral argument later this month. Mr. Terry is represented by cooperating attorney Al Shapiro and Legal Director Katie Schwartzmann.

Privacy

Galjour v. 17th Judicial District Court: (U.S. District Court, Eastern District of Louisiana) Lafourche Parish resident Joshua Galjour was subpoenaed for jury duty, and, in connection with that duty, he was required to mail answers to a lengthy written questionnaire to the court. The questionnaire asked whether Galjour is a member of the American Civil Liberties Union or Amnesty International. It also asked for deeply personal medical information and religious information. Galjour has filed a privacy-based challenge to the questionnaire, represented by ACLU cooperating attorney Kimberly Hood, as well as ACLU Legal Director Katie Schwartzmann

Prisoners' Rights

Anderson v. Cain: (U.S. District Court, Middle District of Louisiana) Lawsuit filed on behalf of Nation of Islam adherent Shawn Anderson who is incarcerated at Louisiana State Penitentiary at Angola. Anderson has been unable to receive The Final Call, a religious publication of the Nation of Islam. Anderson is represented by Jeffrey Resetarits of Sherman & Sterling in New York, as well as ACLU Prison Litigation Fellow Barry Gerharz and Legal Director Katie Schwartzmann.

Leonard v. David Wade Correctional Center: (U.S. District Court, Western District of Louisiana) VICTORY! ACLU-La filed a lawsuit on behalf of a prisoner being denied access to The Final Call, a Nation of Islam newspaper. The ACLU prevailed on a motion for summary judgment, and the judge issued a lengthy opinion finding that Louisiana officials violated Leonard's rights in denying him access to the paper for almost four years. Leonard is represented by ACLU cooperating attorney Nelson Cameron and Legal Director Katie Schwartzmann.

Morgan v. Gusman, et al.: (U.S. District Court for the Eastern District of Louisiana) Mr. Morgan, a federal protective custody inmate, was evacuated from OPP and was subsequently stabbed by another inmate at Elayn Hunt Correctional Center; he never received assistance from prison officials. ACLU prevailed on a motion to dismiss filed by the State defendants, who appealed that victory to the Fifth Circuit. The Fifth Circuit remanded the matter for discovery, which is ongoing. Mr. Morgan is represented by ACLU cooperating attorney Vincent Booth and Legal Director Katie Schwartzmann.

Billizone v. State of Louisiana: (U.S. District Court for the Middle District of Louisiana) This is a lawsuit on behalf of a prisoner punished for filing a grievance questioning the impartiality of the classification officer. Mr. Billizone was punished for complaining about an employees' behavior, which violates his right to freedom of speech, as well as his right to "petition for redress of grievances." The ACLU filed an appeal on his behalf and successfully got his good time restored. We continue to represent him to challenge the practice of disciplining prisoners for "spreading rumors." Mr. Billizone is represented by ACLU Prison Litigation Fellow Barry Gerharz and Legal Director Katie Schwartzmann.

Hymel Varnado: Mr. Varnado is a prisoner at Louisiana State Penitentiary ("Angola") who spent twelve years in solitary confinement. Mr. Varnado was held in solitary because he was convicted at a very young age. He has no significant disciplinary record while incarcerated, and therefore there was no justification to continue to hold him in solitary confinement. The ACLU contacted Angola Warden Burl Cain on Mr. Varnado's behalf. The ACLU explained that long-term solitary confinement is extremely damaging to the psychological well-being of any person, and that the prison cannot confine someone in those conditions without a substantial justification for doing so. In response to the ACLU's letter, Angola officials transferred Mr. Varnado out of solitary confinement. VICTORY! Mr. Varnado was represented by cooperating attorney James Swanson, ACLU Prison Litigation Fellow Barry Gerharz, and Legal Director Katie Schwartzmann.

Police Misconduct

Elloie v. City of New Orleans: (U.S. District Court, Eastern District of Louisiana) VICTORY! A lawsuit against the New Orleans police department on behalf of central city bar owner Steven Elloie. The police stormed Mr. Elloie's bar, threw him on the ground, cuffed him and tasered him twice in front of a barroom full of patrons and employees. He was unable to resolve his concerns with the Public Integrity Bureau of the NOPD, and the attack caused Mr. Elloie lasting physical injuries. The ACLU recently acquired compensatory damages for Mr. Elloie, sending the message to police officers that abuse of authority will not be tolerated. Mr. Elloie was represented by ACLU cooperating attorney Ron Wilson and Legal Director Katie Schwartzmann.

Discrimination

Doe v. Vermilion Parish School Board: (U.S. District Court, Western District of Louisiana at Lafayette) Lawsuit on behalf of a mother and her two daughters challenging the segregation of girls from boys at a public school in the Lafayette Parish school system. The school board approved sex-segregation at a few of its schools over the objection of some parents, including Ms. Doe. Ms. Doe objected to the plan because she believes that separate is inherently unequal; she objects to having her children taught differently based upon whether they are male or female, and she is concerned about the long-term socialization effects on her daughters. The ACLU filed a challenge to this segregation, and argued a motion for a restraining order in February of this year. We await a ruling from the court. The Doe family is represented by ACLU cooperating attorneys from Debevoise and Plimpton LLP in New York City, as well as attorneys from the ACLU National Women's Rights Project, cooperating attorney Ronald Wilson, and Legal Director Katie Schwartzmann.

Adar v. Smith: (U.S. Court of Appeals for the Fifth Circuit): When parents adopt a child, a state records office provides a new birth certificate reflecting the names of both adoptive parents. This allows parents to add their adoptive children to family health insurance plans, register their children for school, and prove their legal parentship. But when Oren Adar and Mickey Smith adopted their Shreveport-born son, the Louisiana records office refused to issue a new birth certificate because Oren and Mickey are both men- essentially declaring that a child doesn't deserve equal rights if his or her parents are gay. The ACLU filed a "friend of the court" amicus brief on Oren and Mickey's behalf. The court ruled in our favor, but the State of Louisiana is appealing that decision. The ACLU is represented on brief by ACLU National LGBT Project attorneys and Legal Director Katie Schwartzmann.