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Moore v. Lasalle Corrections Inc.

United States District Court, W.D. Louisiana, Monroe Division

March 20, 2017

ERIE MOORE, JR. ET AL.
v.
LASALLE CORRECTIONS INC. ET AL.

          ROBERT G. JAMES JUDGE

          MEMORANDUM ORDER

          Karen L. Hayes United States Magistrate Judge

         Before the undersigned Magistrate Judge is a motion to consolidate, [doc. #23], filed by Defendants LaSalle Corrections, LLC, Lieutenant Gerald Hardwell, Lieutenant Christopher Loring, Sergeant Reginald Williams, Sergeant Duan Rosenthal, Captain Roderick Douglas, Corporal Office Reginald Curly, Sergeant Kenneth Hart, and Jeremy Runner. Plaintiffs oppose the motion. For reasons assigned below, the motion is GRANTED in part and DENIED in part.

         Background

         Defendants' motion seeks to consolidate this case with White v. LaSalle Corrections Inc., 16-cv-1405 (W.D. La. 2016). Both cases arise out of incidents that occurred at Richwood Correctional Center (“Richwood”) on October 12 and 13, 2015.

         On October 12, 2015, Erie Moore, Sr. was arrested for disturbing the peace and placed in an isolation lockdown cell at Richwood. At first, Moore was alone in the lockdown cell. Around 9:00 p.m. that night, another Richwood inmate, Vernon Ramone White, Sr., engaged in a fight with a third inmate named Erin Daniels. As a result, White was placed in the isolation lockdown cell with Moore. On the morning of October 13, 2015, Moore and White had a physical altercation and needed medical attention. Both inmates were then returned to the same lockdown cell. On the night of October 13, 2015, White and Moore engaged in a second fight, resulting in substantial injuries to White. When the defendant officers discovered White's injuries, Moore was forcibly removed from the cell. White was transported to Conway Medical Center in Monroe, Louisiana, and pronounced dead that night. Meanwhile, while being removed from the lockdown cell, Moore suffered severe injuries and eventually died approximately one month later on November 14, 2015, at University Health Center in Shreveport, Louisiana.

         On July 8, 2016, Plaintiffs Erie Moore, Jr., Tiffany Robinson, and Tamara Robinson (the “Moore Plaintiffs”) filed the instant wrongful death and survival action pursuant to 42 U.S.C. §§ 1983 and 1988 against defendants LaSalle Corrections Inc. (“LaSalle”), Warden Ray Hanson, Lieutenant Christopher Loring, Lieutenant Gerald Hardwell, Sergeant Roy Brown, Sergeant Reginald Williams, Sergeant Kenneth Hart, Corporal Officer Danielle Walker, Sergeant Duan Rosenthal, Captain Roderick Douglas, Corporal Officer Jeremy Runner, Corporal Reginald Curly, and the City of Monroe. [doc. #1] (the “Moore Case”).

         On October 6, 2016, Lara J. White, individually and on behalf of her son (the “White Plaintiffs”), also filed a wrongful death and survival action pursuant to 42 U.S.C. §§ 1983 and 1988 against LaSalle, Lt. Hardwell, C.O. Walker, Cpt. Douglas, Warden Hanson, Richwood, and the City of Monroe as a result of her husband Vernon's death. White v. LaSalle Corrections Inc., 16-cv-1405 (W.D. La. 2016) (the “White Case”). Through the instant motion, movants seek to consolidate the Moore Case with the White Case.[1]

         Analysis

         Federal Rule of Civil Procedure 42(a) provides,

(a) Consolidation. If actions before the court involve a common question of law or fact, the court may:
(1) join for hearing or trial any or all matters at issue in the actions;
(2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or ...

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