Parish: Orleans
Police Department: Louisiana State Police
The American Civil Liberties Union of Louisiana, along with the University of Georgia Appellate Litigation Clinic, is appearing before the United States Court of Appeals for the Fifth Circuit on behalf of Remingtyn Williams, Lauren Chustz, and Bilal Ali-Bey—putative class action plaintiffs whose protest after George Floyd’s murder was dispersed by law enforcement officers with excessive force.
One of the defendants in the case, Colonel Lamar Davis of the Louisiana State Police, moved to dismiss before the district court by asserting that the plaintiffs lack standing and that he is immune from suit under the Eleventh Amendment. The district court denied those defenses, and Colonel Davis filed an interlocutory appeal, challenging both rulings.
Before the Fifth Circuit, the ACLU of Louisiana and the UGA Appellate Clinic pointed out that the plaintiffs sued Colonel Davis in his official capacity for prospective relief to stop ongoing violations of federal law—thus satisfying the three pleading requirements for the Ex parte Young exception to Eleventh Amendment immunity. Then, for standing, they argued that the district court’s ruling on standing is not reviewable on interlocutory appeal because the district court did not certify it for review and because it does not fall under the collateral-order doctrine. Finally, they argued that if the court of appeals nevertheless decides to review standing, then City of Los Angeles v. Lyons is no barrier to finding that the plaintiffs have standing in this case.
The Fifth Circuit has set the case for argument during the week of December 5, 2022. Jack Mahon, a 3L at the University of Georgia School of Law, will argue on behalf of the plaintiffs.
The appellant in this case is:
- Superintendent Lamar A. Davis, in his official capacity as Superintendent of the Louisiana State Police