SMITH v. EDWARDS

No. 23-30634.

88 F.4th 1119 (2023)

Molly SMITH, individually and on behalf of all others similarly situated, real party in interest Alex A.; Kenione Rogers, individually and on behalf of all others similarly situated, real party in interest, Brian B., real party in interest, Charles C., Plaintiffs-Appellees, v. John Bel EDWARDS, Governor; in his official capacity as Governor of Louisiana; William Sommers, in his official capacity as Deputy Secretary of the Office of Juvenile Justice; James M. LeBlanc, in his official capacity as Secretary of the Louisiana Department of Public Safety & Corrections, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED December 19, 2023.


Attorney(s) appearing for the Case

David J. Utter , Claiborne Firm, Savannah, GA, Nora Ahmed , American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, Russell D. Barksdale , Barksdale Law, L.L.C., New Orleans, LA, Ashley Dalton , Susan M. Meyers , Lauren Winkler , Southern Poverty Law Center, New Orleans, LA, Marisol Dominguez-Ruiz , American Civil Liberties Union Foundation, San Francisco, CA, Sara Helene Godchaux , Attorney, Loyola University, School of Law, New Orleans, LA, Tammie M. Gregg , Nancy Rosenbloom (argued), American Civil Liberties Union Foundation, New York, NY, Ronald S. Haley, Jr., Esq. , Haley & Associates, Baton Rouge, LA, Corene Thaedra Kendrick , American Civil Liberties Union, San Francisco, CA, Meghan K. Matt , Christopher James Murell , Murell Law Firm, New Orleans, LA, Susan M. Meyers , Lauren Winkler , Southern Poverty Law Center, New Orleans, LA, David Bradley Shanies , New York, NY, for Plaintiffs-Appellees.

Lemuel Eggleston Montgomery, III (argued), Attorney, Carly H. Chinn, Esq. , Lindley Anna Morris , Butler Snow, L.L.P., Ridgeland, MS, Connell L. Archey , Trial Attorney, Allena McCain, Esq. , Madaline King Rabalais , Butler Snow, L.L.P., Baton Rouge, LA, for Defendants-Appellants.

Marsha L. Levick, Chief Counsel, Juvenile Law Center, Philadelphia, PA, for Amici Curiae Juvenile Law Center, Center for Children's Law and Policy, 50 National, Regional, and Louisiana-Based Youth Advocacy Organizations and Academics.

Clement S. Roberts, Attorney, Orrick, Herrington & Sutcliffe, L.L.P., San Francisco, CA, for Amici Curiae American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, Chicago People's Rights Collective, Georgia Human Rights Clinic, Medical Justice Alliance, Mount Sinai Human Rights Program, National Association of Social Workers.

Before Higginbotham, Stewart, and Wilson, Circuit Judges.


Defendants, Louisiana Governor John Bel Edwards, Deputy Secretary of the Office of Juvenile Justice William Sommers, and Secretary of the Louisiana Department of Public Safety and Corrections James M. LeBlanc, appeal the district court's preliminary injunction ordering them to remove juvenile offenders from Bridge...

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