Victory in the Fifth Circuit Court of Appeals

Our team, in collaboration with Casey Denson Law, won an important victory in the Fifth Circuit Court of Appeals. The case is Ellis Ray Hicks v. Department of Public Safety & Corrections, and involves a Louisiana man who was held in prison at least 60 days past his court-ordered release date. In a recorded phone call, a prison official was caught on tape explaining why - because he believed “judges have no say whatsoever to us applying our time comp laws.” He also said “anyone who messes with me gets more time.”

The Court of Appeal held that the described conduct was “objectively unreasonable“ and so denied qualified immunity to the prison official.

The court also made clear that Secretary LeBlanc, the head of the Louisiana Department of Corrections, could be held liable for the “failure to process a prisoner’s release or immediately compute an inmate’s sentence after being sentenced to time served” - which is the exact subject of several of our other cases.

You can read the full opinion here.

First Amendment Victory in the Louisiana Supreme Court

In an amicus brief before the Louisiana Supreme Court, the Law Office of William Most represented the Marion B. Brechner First Amendment Project, the Pennsylvania Center for the First Amendment, and Professor Eugene Volokh. The brief was filed in Donald Logan v. State of Louisiana, a case brought by an inmate who had been denied access to the records that would show whether he was convicted by means of an unconstitutional non-unanimous jury verdict.

Our clients argued pointed out that the “public has a common-law and First Amendment right to inspect and copy judicial records” and argued that the “search for truth in [Mr. Logan’s case] would be advanced by the right of access to court records here.”

Today, the Louisiana Supreme Court agreed, ordering that Mr. Logan be granted access to his court records. It is an important First Amendment victory, and one we are proud to have helped with.

Read the Court’s opinion here: https://www.lasc.org/Opinions/2020/19-1911.KH.PC.pdf

Victory Against Uber in the Ninth Circuit Court of Appeals

William Most, in his capacity as Of Counsel to the ATA Law Group, represents four clients who are suing Uber for its refusal to provide wheelchair-accessible vehicles in New Orleans, Louisiana, and Jackson, Mississippi.

Uber appealed a lower court decision to the Court of Appeals for the Ninth Circuit, arguing that our clients did not have standing to sue under the Americans With Disabilities Act. Uber also argued that our clients should be forced into compliance with Uber’s arbitration agreement - even though our clients had never seen, signed, or agreed to those terms.

Today, in a unanimous opinion, the Court of Appeals denied every single one of Uber's arguments for why the case should not move forward.

“All I want is to take an Uber, just like everyone else. This ruling by the Ninth Circuit is a step in the direction of equality. Hopefully, Uber will do the right thing by offering wheelchair-accessible vehicles in New Orleans – just like Uber does in other cities.” 

–  Francis Falls, a plaintiff in Namisnak v. Uber 

Read the opinion here: https://www.publicjustice.net/wp-content/uploads/2020/08/Namisnak-v.-Uber-9th-circuit-opinion.pdf

"Preston's Gone"

The Law Office of William Most is proud to have represented the family of Preston Thornton, an Army veteran who was shot and killed by law enforcement in Red River Parish, Louisiana.

His story is featured in the 2020 PBS Short Film Festival. You can watch it here: https://www.pbs.org/filmfestival/films/prestons-gone

$52 million class action settlement with Facebook on behalf of U.S.-based content moderator class.

Effective May 11, 2020, a legal team made up of the Law Office of William Most, Burns Charest LLP, and the Joseph Saveri Law Firm, Inc., submitted a class action settlement of $52 million with Facebook for approval by the California Superior Court, San Mateo County. This team represents a class of content moderators who worked for Facebook vendors by reviewing disturbing, graphic content for the social media giant. According to the complaint, content moderators were required to view, as a filtration mechanism, posts containing “videos, images and livestreamed broadcasts of child sexual abuse, rape, torture, bestiality, beheadings, suicide and murder,” as part of the content moderators’ duties. Since 2018, the firm has been fighting to obtain improved work conditions and medical treatment related to psychological trauma their work conditions caused.

The funds will provide monetary relief in the amount of $1000 to each of the class members. And class members who submit proof of a qualifying diagnosis will receive funds designed to cover their treatment costs and, depending on the amount remaining after treatments, serve as additional damage awards of up to $50,000. In addition to funding the settlement, Facebook has also agreed to make changes to improve the safety of its U.S.-based content moderators by improving review tools and making counseling by trained, licensed professionals available.

When and if the Court approves the proposal, class members will receive notice of the settlement and plaintiffs will file a motion for final approval on a schedule set by the Court.

A copy of the settlement agreement can be found HERE. And a copy of the motion for preliminary approval can be found HERE.

The lawsuit is Scola v. Facebook Inc. and Pro Unlimited Inc., No.18-CIV05135, filed in Superior Court of the State of California.

Law Office Obtains Dismissal of Defamation Case Against International Non-Profit

This past week, the Law Office of William Most obtained the dismissal of a defamation lawsuit against our client, an international non-profit organization based in Uganda.

The majority-female, majority-African team of professionals based in Kampala, Uganda sought our help last year after being sued for their advocacy work. With our help, a federal judge dismissed the lawsuit - without our clients having to pay the plaintiffs a single dollar.

Our clients wrote: “When we put the word out about needing a lawyer back in September, some of you recommended this firm to us and we can not say enough about how awesome William, Amanda and Sarah have been to us.”

"That Man Can't Breathe": Video Catches Sheriff's Deputy Choking Our Handcuffed Client

Two press organizations, Buzzfeed News and The Appeal, report on the discovery of footage of a East Baton Rouge Sheriff’s deputy choking a client of the Law Office of William Most to unconsciousness.

“An inmate at a Louisiana prison was choked by a sheriff’s deputy and appeared to lose consciousness later in the struggle, according to video footage obtained by BuzzFeed News. The inmate says it was retaliation for repeatedly requesting medical assistance for symptoms commonly associated with the novel coronavirus.”

“This disturbing video lays bare two dangerous epidemics in our country – police brutality and COVID-19 – both targeting black Americans in alarming numbers,” said attorney Sarah Chervinsky. “It is unacceptable for three law enforcement officers to participate in choking an unarmed man into unconsciousness, especially when that man has COVID-19 symptoms and requested medical help."

In Uber Lawsuit, Judge Rules in Favor of Law Office of William Most's Clients

In one of our lawsuits against Uber, a federal judge issued a major ruling in our clients' favor. The judge ruled that:

"Uber’s claim that it is 'not a transportation company' strains credulity, given the company advertises itself as a 'transportation system.'"

As a result, our clients will be able to continue in their case against Uber, which seeks to hold Uber accountable for failing to provide wheelchair-accessible vehicles in New Orleans.

Read the full decision here: https://www.scribd.com/document/451664736/R-Doc-102-Order-Denying-Uber-s-Motion-to-Dismiss

Judge Rules that Louisiana DOC Falsely Imprisoned Man for 41 Days

This week, a federal judge ruled that the Louisiana Department of Corrections falsely imprisoned our client for 41 days.

Attorney William Most said, “Mr. McNeal is one of the thousands of Louisiana people held each year past their release date. Hopefully this decision will show the Louisiana Department of Corrections that what they are doing is illegal and has consequences.”

Read more here.

"Louisiana Continues to Imprison People Past Their Release Dates"

The work of David Lanser has been featured in The Appeal:

“If Louisiana wants to give up its position as the highest-incarcerating state in the world, it should release the people who shouldn’t be in prison at all,” said David Lanser, an attorney who works with Most and is representing Hicks.

Read more at: https://theappeal.org/louisiana-continues-to-imprison-people-past-their-release-dates/

Law Office Sues Sheriff For Arresting a Critic Using a Law Declared Unconstitutional Fifty-Six Years Ago

Our law office was featured today on WWL-TV; read about it here.

The story is about our client Jerry Rogers, a former St. Tammany Parish Sheriff's deputy. He now works as an investigator for the United States Department of Housing and Urban Development, Office of Inspector General.

Starting in 2017, he realized that the St. Tammany Parish Sheriff's Office was mismanaging its investigation into the death of Nanette Krentel. And so Mr. Rogers expressed that opinion privately to the family of Ms. Krentel. 

Sheriff Randy Smith found out about Mr. Rogers' criticism of his office, and decided to arrest him for "criminal defamation." The St. Tammany Parish District Attorney’s Office's office told the Sheriff's office that the that Louisiana’s criminal defamation law had been declared unconstitutional as to public officials more than a half century ago by the U.S. and Louisiana Supreme Courts. 

But Sheriff Smith ordered that Jerry Rogers be arrested for criminal defamation anyway. On September 16, 2019, sheriffs deputies arrested Mr. Rogers,and booked him with criminal defamation. Jerry Rogers posted $3,500 bail on the same day, and was released.

Sheriff Smith knew that what he was doing was illegal. In a October 28, 2019, press release, he stated that “[r]egarding the constitutionality of the LSA-14:47, the statue [sic] that Mr. Rogers was charged with violating, I am aware that some courts have ruled that the statute may be unconstitutional insofar as it relates to any public expressions about public officials.”

On January 8, 2019, the Louisiana Department of Justice dropped all charges against Mr. Rogers, explaining that the criminal defamation law is "unconstitutional insofar as it applies to statements made in reference to public figures engaged in public affairs" and so "this office is precluded by law from moving forward with any criminal action."

Today, we filed suit on behalf of Mr. Rogers in a federal civil rights lawsuit against Sheriff Smith and two other STPSO officers. The lawsuit seeks damages, punitive damages, attorneys fees, and a declaration that Sheriff Smith's actions were unconstitutional.

"They're left in jail days, weeks, even years past their sentences and it's costing us millions"

WWL-TV featured the work of the Law Office of William Most last night. According to WWL-TV,

Officials have known about the over-detention problem for years. An internal DOC audit in 2012 showed that more than 2,000 inmates were held an average of 71 days beyond their release dates. The problems is not just a burden for inmates. Taxpayers shell out more than $3.6 million annually to care for inmates beyond their release dates, according to the 2012 report.

Watch the TV story here, and read our court filing that broke the story here.

"State corrections overdetention woes, known since 2012, cost state millions"

The Law Office of William Most’s work was featured on the front page of the Time-Picayune and Advocate today.

As the article explains, “The Louisiana Department of Corrections has known for years that its flawed process for calculating prisoners' release dates often leads to people being incarcerated for longer than they should. But new court filings released Thursday show the department's knowledge of the problem extends back farther than previously revealed — to 2012.”

Our court filing that broke the whole story can be read here.

And the DOC does not deny any of this. As the highest official in the DOC testified:

Law Office of William Most makes up half of the 2020 Rising Stars Civil Rights List

Attorneys William Most and David Lanser have been selected to the 2020 Louisiana Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Together, William and David comprise half of the 2020 Rising Stars Civil Rights section.

Golden Meadow police chief resigns after lawsuit by Law Office of William Most

The Law Office of William Most sued Golden Meadow police chief Reggie Pitre for excessive force, manufacturing of false evidence, and First Amendment retaliation. The lawsuit involved Chief Pitre’s violence against two Louisiana citizens, and his false story that was later contradicted by video footage.

In October 2019, our law office confirmed that Mr. Pitre had perjured himself regarding the incident. Within days, the City of Golden Meadow resolved the lawsuit with our clients. In early January, Chief Pitre resigned. Read more here.

$125,000 Settlement Obtained for Victims of Police Misconduct.

This month, the Law Office of William Most obtained a $125,000 settlement to resolve a lawsuit against an out-of-control chief of police who assaulted our clients and violated their First Amendment rights.

Attorney William Most commented: “We hope this sends a message to officers across the country: if you assault the citizens you are sworn to protect and lie about it, you will pay."

Law Office of William Most sues Rapides Parish Sheriff's office for illegal termination of deputy.

Deputy Jerry McKinney worked at the Rapides Parish Sheriff's Office for twenty years. After he had a stroke, he was transferred to working twelve-hour shifts. As an accommodation, he asked to work eight-hour shifts. The sheriff's office response? "Your job description is working a 12 hour shift with offenders and if you cannot do this, my suggestion is to retire."

When McKinney declined to retire, the Sheriff fired him - five days before Christmas.

The Law Office of William Most, along with the firm of Lasky Murphy, is representing Deputy McKinney in a lawsuit against the Sheriff’s Office for wrongful termination and violation of his rights under the Americans With Disabilities Act. Read more about it here: https://www.kalb.com/content/news/Former-RPSO-deputy-files-lawsuit-with-sheriffs-office-563223991.html

Media Describes Us as a "Prominent Civil Rights Watchdog"

In a recent story, Louisiana’s Bayou Brief described attorney William Most as follows:

Most is the owner of a small public interest law firm in New Orleans and has quickly established himself as a prominent civil rights watchdog in a state in which there is never a short supply of work. During the past four years, he has been involved in several high-profile cases, including representing Glenn Ford in two civil cases following his release from Angola.

Read the whole story - including the disclosure of Baton Rouge Police emails using the N-word - here: https://www.bayoubrief.com/2019/09/10/baton-rouge-police-officers-disciplined-after-records-request-reveals-racist-e-mails/

Newsweek Features the Work of the Law Office of William Most

In a recent story, Newsweek featured the work of the Law Office of William Most. The magazine wrote:

A public records request has revealed 10 pages of emails in which Baton Rouge, Louisiana police officers used racist language, including the n-word, to describe constituents and their colleagues.

The records, made public Tuesday by the office of New Orleans attorney William Most, who filed the records request in conjunction with Harvard Law School, revealed two instances in which officers used the unprintable epithet back in 2014 and 2015.

Read the full story at: https://www.newsweek.com/louisiana-baton-rouge-police-racist-emails-1458644

William Most and David Lanser Selected to 2020 Louisiana Rising Stars List

Attorneys William Most and David Lanser have been selected to the 2020 Louisiana Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. For more information about Super Lawyers, visit SuperLawyers.com.