674 F.3d 475
5th Cir.2012Background
- Appellees arrested about 5:00 a.m. Aug 27, 2005 for public intoxication and detained at Orleans Parish Prison (OPP) Intake/Templeman III.
- Katrina approached; OPP prepared to shelter 5,800 inmates, with vertical evacuation planned to upper floors if needed.
- OPP telephones were inoperable due to overloaded external lines; inmates could not place calls; Gusman unaware of phone problems.
- Prison conditions deteriorated after flooding: generators failed, food/water scarce, heat, no air, and inmates evacuated to higher floors and then transported out of New Orleans.
- Jury found Gusman liable for false imprisonment (on 48-hour rule exception) and Hunter liable for Sixth Amendment telephone-access violation; district court judgments were entered against them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Emergency exception to 48-hour rule applies | Waganfeald argued no exception allowed. | Gusman argued Katrina created bona fide emergency. | Emergency exception applied; detention not unlawful. |
| Whether Gusman is immune under discretionary immunity | Appellees contended waiver of immunity not raised properly. | Gusman claimed discretionary immunity as defense. | Court did not reach immunity issue; reversed on emergency ground. |
| Sixth Amendment right to counsel during pretrial detention | Hunter violated right by denying phone access. | No clearly established right to unlimited phone use; security risks warranted limits. | Hunter acted not unreasonably under clearly established law; qualified immunity applied. |
| Appeals on other defendants and theories | Detention and conditions violated rights; 48-hour rule not satisfied. | Emergency circumstances justified actions; no other policy violations shown. | Reversed and remanded with instructions for judgment in favor of Gusman and Hunter. |
Key Cases Cited
- Riverside v. McLaughlin, 500 U.S. 44 (U.S. 1991) (probable cause within 48 hours; emergency exception when necessary)
- Louisiana v. Wallace, 25 So.3d 720 (La. 2009) (emergency exception recognized in state law)
- Lopez v. Reyes, 692 F.2d 15 (5th Cir. 1982) (principles on related prison telephone access)
- Morgan v. Swanson, 659 F.3d 359 (5th Cir. 2011) (clearly established law standard for qualified immunity)
- al-Kidd, 131 S. Ct. 2074 (2011) (standard for clearly established law in qualified immunity)