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LAVERGNE v. STUTES

No. 22-30475.

82 F.4th 433 (2023)

Brandon S. LAVERGNE, Plaintiff-Appellant, v. Keith STUTES, District Attorney Louisiana 15th Judicial District Court; Michael Harson, Former District Attorney Louisiana 15th Judicial District Court; Herman Clause, Former District Court Judge Louisiana 15th Judicial District Court; N. Burl Cain, Former Louisiana State Prison Warden; James M. LeBlanc, Secretary, Department of Public Safety and Corrections; Burliegh Doga, Assistant District Attorney Louisiana 15th Judicial District Court; J. Clay Lejeune; Doug Welborn, Clerk of Court Louisiana 19th Judicial District Court; Daniel M. Landry, III, Assistant District Attorney; Alan Haney, Assistant District Attorney; Roger Hamilton, Assistant District Attorney; Darrel Vannoy, Warden, Louisiana State Penitentiary; Taylor Curtier; Paul Smith; Kevin Benjamin, Former Warden of Security, Defendants-Appellees, Brandon S. LaVergne, Plaintiff-Appellant, v. Keith Stutes, District Attorney Louisiana 15th Judicial District Court, Individual and Official Capacity; Michael Harson, Former District Attorney Louisiana 15th Judicial District Court, Individual and Official Capacity; N. Burl Cain, Former Louisiana State Prison Warden, Individual Capacity; Herman Clause, Former District Court Judge Louisiana 15th Judicial District Court, Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 25, 2023.

Attorney(s) appearing for the Case

Brandon S. LaVergne, Angola, LA, Pro Se.

Paul Daniel Gibson , Attorney, Gibson Law Group, P.L.L.C., Lafayette, LA, Thomas McHenry Long , Attorney, Offering Solutions, Lafayette, LA, for Defendants-Appellees Keith Stutes, Michael Harson, and Burliegh Doga.

David Glen Sanders , Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, for Defendant-Appellee Herman Clause.

Phyllis Esther Glazer , Louisiana Department of Justice, Office of the Attorney General, Baton Rouge, LA, for Defendants-Appellees N. Burl Cain, and James M. LeBlanc.

J. Clay Lejeune, Crowley, LA, Pro Se.

Brandon James DeCuir , Winston G. De-Cuir, Jr., Esq. , DeCuir, Clark & Adams, L.L.P., Baton Rouge, LA, for Defendant-Appellee Doug Welborn.

Before Jones, Stewart, and Duncan, Circuit Judges.

Pro se plaintiff Brandon LaVergne pled guilty to two counts of first-degree murder in 2012 and received a life sentence at the Louisiana State Penitentiary ("LSP"). He has since filed a stream of state and federal lawsuits against numerous officials, which we have detailed previously. See LaVergne v....

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