Tellis et al v. LeBlanc et al

Filing 755

REMEDIAL ORDER re 754 Opinion. See attached pdf. for further information. Signed by Judge Elizabeth E Foote on 7/18/2024. (crt,Enkey, R)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ANTHONY TELLIS, ET AL.

CIVIL ACTION NO. 18-541

VERSUS

JUDGE ELIZABETH E. FOOTE

JAMES M. LEBLANC, ET AL.

MAGISTRATE JUDGE HORNSBY
REMEDIAL ORDER

For the reasons previously enunciated by the Court,
Defendants are hereby ENJOINED from the following: 1) continuing to violate the
Eighth Amendment rights of all inmates in extended lockdown—the Class—through the
unconstitutional conditions of confinement and the deficient provision of mental health
services; and 2) continuing to violate the rights of inmates with a qualifying mental illness—
the Subclass—under Title II of the Americans with Disabilities Act (“ADA”) and Section 504
of the Rehabilitation Act of 1973 (“RA”).
Defendants are ORDERED to remedy the constitutional, ADA, and RA violations as
enumerated by the Court.
Additionally, the Court ORDERS the following remedial measures:
I.

Special Masters
a. The Court will appoint three Special Masters: one correctional psychiatrist; one
individual with experience working in prisons with segregated housing
populations; and one individual with knowledge and expertise in disability access
and accommodations, especially those pertaining to mental health.

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b. The Special Masters will be appointed to: determine whether there have been any
changes at DWCC that cure the Eighth Amendment, ADA, and RA violations
enumerated by the Court since the August 30, 2022, discovery cut-off date;
develop a remedial plan that is compliant with the below requirements; make
recommendations regarding the implementation of the remedial plan; monitor
the implementation of the remedial plan; provide periodic status reports to the
Court; and ensure the enforcement of the remedial plan in order to cure and
eliminate the constitutional, ADA, and RA violations.
c. The parties shall meet and confer within fourteen days of the signing of this
remedial order to identify and discuss potential Special Masters with the
qualifications set forth herein. Within thirty days of this remedial order, the
parties shall submit to the Court the names of the proposed Special Masters for
each position. If the parties are unable to agree on the proposed Special Masters,
each party will submit to the Court up to three proposed names for each position,
along with his/her most recent curriculum vitae.
II.

Improvements Since the Cut-Off Date
As the Court articulated in its remedy phase opinion, Defendants have sought leave to

supplement the record with evidence of current conditions on four separate occasions. See
Record Documents 447, 645, 738, and 745. Defendants contend that the evidence they seek to
introduce will prove that the constitutional and statutory violations previously enunciated by
the Court have been remedied. It will be the responsibility of the Special Masters to evaluate
whether any of the deficiencies have, in fact, been remedied since the August 30, 2022,
discovery cut-off date. The Special Masters shall develop and implement a schedule that sets

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deadlines for this process and to which the parties must comply. Within fourteen days of their
appointment, Defendants shall provide the Special Masters with any evidence they believe
proves that the previously enunciated deficiencies have been remedied. Plaintiffs will have the
right to request additional discovery as to the existence and effectiveness of these alleged
remedies according to the schedule fashioned by the Special Masters. Plaintiffs will then have
the right to submit their own evidence to the Special Masters in accordance with that schedule.
III.

Remedial Plan
After the areas in which remedy is still required have been identified, the Special Masters

shall draft a proposed remedial plan that addresses the following:
a. Conditions of Confinement
The remedial plan shall address the Eighth Amendment violations enumerated by the
Court regarding the length of time and the conditions of confinement in extended lockdown
with the goal of eliminating extended lockdown to the extent practicable. The Special Masters
must craft this section of the remedial plan with the psychological harms of extended lockdown
in mind. In so doing, the Special Masters may rely upon their own expertise, published
literature, and any other reliable sources. The remedial plan shall include:
i. Standards and procedures addressing the physical composition of the cell,
including but not limited to the size of the cell; the practice of double
bunking; the lack of visual stimulation; the fluctuating noise levels; and
the lack of adequate climate controls during hot and cold months.
ii. Standards and procedures to cure the social isolation experienced by
inmates in extended lockdown, including but not limited to meaningful
and increased recreational time; utilizing communal spaces for mealtime;

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out-of-cell religious services, classes, and group programming; additional
and/or contact visitation; and additional and confidential telephone
privileges.
iii. Standards and procedures to cure the enforced idleness in extended
lockdown, including but not limited to the ability of inmates to keep
possessions with them in segregated housing; the provision of wireless
internet services for inmates that are permitted a tablet; and access to any
other in-cell activities that are deemed necessary.
iv. Standards and procedures to cure the practices that keep inmates on
extended lockdown for an indefinite length of time, including but not
limited to reform and/or reconstruction of the decision making board (the
multi-disciplinary review board) to include specific, objective decisionmaking criteria; the participation and input of mental health providers in
the decision making process for housing assignments; the provision to
inmates the specific reasoning for the assignment or to preventative
segregation; and the provision to inmates written guidance explaining the
steps required for them to matriculate out of extended lockdown.
v. Standards and protocols to eliminate the use of strip cell status.
vi. Standards and protocols for the training of all David Wade Correctional
Center (“DWCC”) and Louisiana Department of Public Safety and
Corrections (“DOC”) staff on the psychological harms of segregated
housing.

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vii. Standards and protocols that account for the psychological harms of
segregated housing in all DWCC and DOC policies and procedures.
viii. Any and all other remedial measures that would address the constitutional
violations enumerated by the Court regarding the conditions of
confinement in segregated housing.
ix. Any enforcement mechanisms that would ensure Defendants’ compliance
with the remedial plan.
b. Delivery of Mental Health Services
The remedial plan shall address the constitutional violations previously enumerated by
the Court regarding the delivery of mental health services in the following areas: screening and
evaluations; provision of mental health treatment; adequate mental health staffing;
administration of psychotropic medication; record keeping; and the suicide prevention program.
i. Screening and Evaluations
The remedy plan shall include the following to address the constitutional violations
regarding screening and evaluations at DWCC:
1. Standards and protocols governing the intake process when an
inmate arrives at DWCC, including but not limited to ensuring that
intake screenings are conducted by a qualified mental health
clinician; routine, timely, and thorough audits of the intake
screenings; improvement in the quality of the intake screenings
and their corresponding documentation; investigations into any
discrepancies between records from Elayn Hunt Correctional
Center and self-reported information from inmates at DWCC;

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ensuring appropriate referrals to Dr. Seal; ensuring appropriate
housing assignments; and individualizing an inmate’s mental
health needs at intake.
2. Standards and protocols regarding weekly rounds, including but
not limited to conducting quality, timely, and routine rounds that
are confidential and adequately documented.
3. Standards and protocols regarding the mandatory mental health
evaluations for inmates designated as an LOC -2, -3, and -4,
including but not limited to conducting thorough and timely
assessments using qualified mental health clinicians

in

confidential settings; the creation and maintenance of the level of
care lists; the proper use of the level of care lists; the maintenance
of adequate documentation that is audited regularly by a qualified
mental health supervisor; and an adequate process for referring the
inmates to the psychiatrist if required.
4. Standards and protocols regarding segregated inmate interviews,
including but not limited to conducting thorough and timely
assessments using qualified mental health clinicians in
confidential settings and the creation of adequate documentation
that is audited on a regular basis.
5. Standards and protocols to ensure that the treating psychiatrist is
made aware of a patient’s assignment to segregated housing,
extended lockdown, and/or suicide watch and that he plays an

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active role in an inmate’s treatment above merely prescribing
psychotropic medication.
ii. Mental Health Treatment
The remedy plan shall include the following to address the constitutional violations
regarding the provision of mental health treatment at DWCC:
1. Standards and protocols regarding the individualization of inmate
mental health treatment, including but not limited to the creation
of comprehensive and individualized treatment plans; the
solicitation of input from all stakeholders in an inmate’s treatment
plan; the creation of metrics and other key performance indicators
to measure an inmate’s progress and success; and approval from a
mental health clinician that is certified to oversee the
implementation of these treatment plans.
2. Standards and protocols regarding the types of treatment offered
to inmates, including but not limited to the prescription of
psychotropic medication; the provision of mental health services
beyond the prescription of psychotropic medication; the provision
of counseling services to inmates by a licensed psychologist with
adequate corresponding documentation; the provision of group
programming; the ability for inmates to take individual and/or
group classes; and the appropriate use of treatment segregation.
3. Standards and protocols regarding appointments with the
psychiatrist, including but not limited to ensuring that all

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appointments are confidential in nature, for an adequate amount of
time, in a location that permits the inmate to feel safe during his
psychiatric appointment, and in compliance with the terms of the
psychiatrist’s contract with DWCC; and that the psychiatrist be
provided with any pertinent information about an inmate that
might impact his mental health treatment.
4. Standards and protocols regarding the provision of therapeutic
materials, including but not limited to the provision of in-person
classes; the availability of correspondence classes that provide
inmates with in-depth and substantive feedback; and the ability for
an inmate to ask questions and discuss materials with a mental
health clinician.
iii. Staffing of Mental Health Department
The remedy plan shall include the following to address the constitutional violations as
to the staffing of the mental health department:
Standards and protocols regarding the staffing of the mental health
department to ensure adequate access to psychiatric and
psychological treatment, including but not limited to providing
adequate psychiatric and psychological treatment hours; ensuring
that the contract or staff psychiatrist is fulfilling the terms of his
contract; that the contract psychiatrist (if used) is able to conduct
regular, in-person visits to the facility; that the contract or staff
psychiatrist plays an active role in an inmate’s treatment above

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merely prescribing psychotropic medication; the replacement of
non-qualified individuals who provide mental health evaluations
and treatment; and the hiring of competent psychologists to
provide counseling services on the South Compound.
iv. Administration of Psychotropic Medication
The remedy plan shall include the following to address the constitutional violations as
to the administration of psychotropic medication:
Standards and protocols regarding the administration of
psychotropic medication, including but not limited to the use of
medical staff to administer psychotropic medication; the provision
of training materials and regular training to security and mental
health staff on the administration of psychotropic medications; the
timely administration of psychotropic medications to ensure
proper medication levels; a system of documenting and reporting
medication compliance (and non-compliance); the establishment
of an auditing system for quality assurance; a functioning E-MAR
system and a back-up system for instances where it is not
functional; a system of follow-up with inmates who are not taking
their medication; the establishment of procedures ensuring that all
relevant individuals, including the treating psychiatrist, have
access to the E-MAR system; and the consideration of an inmate’s
medication compliance and any other medical records by the
treating psychiatrist.

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v. Record Keeping
The remedy plan shall include the following to address the constitutional violations as
to DWCC’s record keeping:
1. Revision of the processes and procedures for conducting and
documenting both the segregated housing interviews and the
mental health evaluations of inmates with LOC-2, -3, and -4
designations to ensure meaningful and adequate evaluations and
follow-up treatment.
2. Standards and protocols to ensure adequate record keeping
practices, including but not limited to ensuring that the segregated
inmate interviews and mental health evaluations are adequately
documented and stored in an inmate’s record; the elimination of
the practice of duplicating records; maintaining detailed records;
ensuring

consistency

across

record-keeping

practices;

if

handwritten, maintaining legible records; ensuring that there are
adequate electronic record keeping practices; using consent forms
for the prescription of medication and any other treatment; and
ensuring the availability of an inmate’s mental health records to
all appropriate parties.
vi. Suicide Prevention Program
The remedy plan shall include the following to address the constitutional violations as
to DWCC’s suicide prevention program:

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1. Standards and protocols to eliminate the use of suicide watch as a
punitive measure and to eliminate its use with non-suicidal
inmates who are exhibiting signs of mental decompensation.
2. Standards and protocols governing the suicide prevention
program, including but not limited to the elimination of the
practice of manipulative suicide watch; the creation of a
comprehensive assessment of what items are safe for an individual
inmate’s possession and adequate corresponding documentation;
the elimination of the use of the restraint chair and iron restraints;
the elimination of the practice of restraining an inmate using the
black box in his bunk; the use of the restraint mattress in a health
care setting only using leather restraints; the elimination of the use
of force and/or chemical spray against an inmate on suicide watch
without the participation of a mental health clinician; and the
elimination of the use of force and/or chemical spray against an
inmate on suicide watch who is restrained.
3. Standards and protocols regarding the provision of treatment to
inmates on suicide watch including but not limited to the provision
of a suicide risk assessment before placing an inmate on suicide
watch; the provision of treatment for inmates on suicide watch,
including the prescription of medication, counseling, and
psychiatric services; involvement of the treating psychiatrist in the
assignment and removal of an inmate to/from suicide watch;

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comprehensive training for all staff regarding the conditions of
suicide watch; and the provision of a comprehensive assessment
and treatment plan after inmates are removed from suicide watch.
4. Standards and protocols regarding the observation of inmates on
suicide watch, including but not limited to constant monitoring by
security staff and the maintenance of an adequate tier walker
program that is confidential in nature and that acts only as a
supplement to security’s own observations.
5. Standards and protocols regarding reporting mechanisms for
suicide watch, including but not limited to a comprehensive list of
actions that constitute a suicidal attempt or gesture; a clear process
of reporting suicidal attempts or gestures; comprehensive training
by the DOC for all individuals tasked with reporting suicidal
attempts and gestures on the CO-5 reports; and a system by which
the DOC will audit the suicidal attempts and gestures reported in
the CO-5 reports.
6. Standards and protocols to ensure routine audits of the suicide
prevention program, including but not limited to adequate
investigations and assessments of the mental health and security
staffs’ handling of suicides, suicidal attempts, and suicidal
gestures.

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vii. The remedial plan shall include any and all other remedial measures that
would address the constitutional violations enumerated by the Court
regarding the delivery of mental health services in these six areas.
viii. The remedial plan shall also include any enforcement mechanisms that
would ensure Defendants’ compliance with these remedial measures.
c. ADA and RA Compliance
The remedial plan shall address the ADA and RA violations—including the failure to
accommodate and the methods of administration—previously enumerated by the Court. The
plan shall include the following:
i. Failure to Accommodate
1. Standards and protocols regarding modifications to the conditions
of confinement and the housing of individuals with mental illness
on the South Compound, including but not limited to the provision
of an assessment regarding the appropriateness of housing an
inmate in segregated housing; the provision of the level of care
and heat pathology lists for security staff and training to security
staff on those two lists; and alterations to the conditions of
confinement—including programming, classes, the provision of
property, and other social time.
2. Standards and protocols regarding modifications to the
disciplinary practices employed on inmates with mental illness on
the South Compound, including but not limited to creating
processes and procedures for any communication between

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security and mental health staff before the use of discipline;
incorporating mental health staff in the disciplinary process; the
provision of training and training materials to security staff and
mental health staff regarding DWCC’s policies surrounding the
use of force; and the adequate reporting of instances where force
was used against inmates with mental illness.
ii. Methods of Administration
1. The adoption of a definition of serious mental illness that is
inclusive of all types of serious mental illness at DWCC.
2. Standards and protocols regarding the provision of an adequate
process for requesting reasonable accommodations, including but
not limited to training to the ADA Coordinator about her role; the
provision of training materials the ADA Coordinator about her
role; and the regular provision of materials and information to
inmates with a qualifying mental illness.
iii. The remedial plan shall include any and all other remedial measures that
would address the ADA and RA violations—including the failure to
accommodate and the methods of administration—enumerated by the
Court.
iv. The remedial plan shall include any enforcement mechanisms that would
ensure Defendants’ compliance with these remedial measures.

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IV.

Cooperation and Access
a. No later than thirty days after their appointment, the Special Masters shall have
access to DWCC to conduct reviews of the facility, as well as the security, mental
health care, and ADA operations.
b. The Special Masters shall have access to any and all records and documents
appropriate and necessary for their tasks, and the DOC shall provide any records
and documents requested without delay and within fourteen days following the
request. All requests for records and documents shall be made by electronic or
physical mail.
c. The DOC shall designate in writing the employees to whom records requests by
the Special Masters should be directed and the means of contacting those
individuals.
d. The DOC shall designate in writing one headquarters employee, one or more
Wardens and/or Deputy Wardens, one or more mental health clinicians, one or
more members of the medical staff, and one or more security employees that will
be coordinating and facilitating the work of the Special Masters.
e. The Department of Corrections shall facilitate any visits to DWCC within
twenty-four hours of any written notice by the Special Masters, who shall be
provided reasonable access to the members of the Class and Subclass.
f. The Special Masters shall be provided electronic access to the record of these
proceedings and the Court shall designate an individual in the Clerk of Court’s
office to assist the Special Masters with the retrieval of documents from the
record if necessary.

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V.

Reporting
a. Within 120 days of their appointment, the Special Masters shall submit a report
to the Court outlining which of the constitutional deficiencies they believe have
been remedied.
b. Within 120 days of their appointment, the Special Masters shall submit a
proposed remedial plan, detailing plans to remedy the deficient conditions of
confinement and delivery of mental health services. The plan shall also outline
the plans to remedy the ADA and RA violations. This plan shall include
recommended steps for implementation, recommended timelines for completion
and compliance, and the metrics and key performance indicators that will be used
to track the success of this plan.
c. The time periods provided in subsections (a) and (b) of this section may be
extended by the Court upon the request of the Special Masters with good cause,
including Plaintiffs’ need for discovery and/or the admission of additional
evidence.
d. Within thirty days of filling the report on improvements, either party may file
objections to the Special Masters’ findings.
e. Within thirty days of the filing of the proposed remedial plan, either party may
submit its proposed amendments. If either party intends to submit proposed
amendments, the parties shall meet and confer no less than fourteen days after
the Special Masters’ submission in an effort to agree upon proposed
amendments. The parties shall discuss any proposed amendments with the

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Special Masters no less than seven days before submission of proposed
amendments to the Court.
f. The Court will review the report on improvements, the proposed remedial plan,
and any requests for amendment and will enter orders necessary and appropriate
to effect the remedies.
g. The Court may conduct hearings to resolve any disputes as to the Special
Masters’ report on improvements and the proposed remedial plan.
VI.

Monitoring Implementation of Remedial Plans and Periodic Reports to Court
a. Beginning six months after the Court enters an order effectuating the remedial
plan, and at recurring intervals every six months thereafter, the Special Masters
shall submit a comprehensive report advising the Court of the status of the
implementation of each component of the remedial plan. The Special Masters
should also articulate any areas of non-compliance or concerns they have
regarding the completion of deadlines. The parties shall have fourteen days to
comment on any periodic report, after which time the Court will determine
whether a status conference or hearing is required.
b. Monitoring of progress and compliance with the Court’s remedial orders shall
continue until further order by the Court.
c. In the event that Defendants act in non-compliance, the Special Masters shall
have the ability to take steps to enforce the remedial order.
d. The Special Masters shall continue to have access to DWCC, the Class and
Subclass members, and any records and documents during the monitoring period
under the terms set forth above.

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VII.

Fees and Costs
a. All costs associated with the work and reporting of the Special Masters shall be
paid by the Defendants.
b. As the prevailing parties, Plaintiffs are directed to file a motion to award
attorneys’ fees and costs within thirty-days of the signing of this order.
Oppositions, if any, shall be filed by the Defendants within fourteen days
thereafter. Plaintiffs must seek leave before filing a reply to Defendants’
opposition.
c. Plaintiffs may file supplemental motions for attorneys’ fees and costs during the
implementation and monitoring period in ninety-day intervals. Defendants shall
file any oppositions to those supplemental motions within fourteen days of the
filing of the motion.
THUS DONE AND SIGNED this 18th day of July, 2024.

ELIZABETH ERNY FOOTE
UNITED STATES DISTRICT JUDGE

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