Voice of the Experienced et al v. LeBlanc et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
VOICE OF THE EXPERIENCED, A CIVIL ACTION
MEMBERSHIP ORGANIZATION ON
BEHALF OF ITSELF AND ITS
MEMBERS, ET AL.
VERSUS
JAMES LEBLANC, ET AL. NO. 23-01304-BAJ-EWD
ORDER
Before the Court is Plaintiffs Application for a Preliminary Injunction
(Doc. 201). The Motion is opposed. (Doc. 223). The matter came before the Court for
a hearing. (Doc. 233).
In this case, the Court has ordered several forms of preliminary relief. (Doc. 70;
Doc. 109; Doc. 253; Doc. 297). The Court's preliminary Orders went before the
United States Court of Appeals for the Fifth Circuit on appeal on three occasions.
(Doc. 71; Doc. 254; Doc. 298; Doc. 302; Doc. 321). In the Circuit's most recent Order
dismissing the appeal as moot and vacating the underlying Order, the Circuit
emphasized:1
We recognize that this is the third time these parties have appeared
before our court on appeal of preliminary relief in the same underlying
dispute. This case was set for expedited appeal on an expedited,
contemporaneous briefing schedule, with argument heard as soon as
practicable—which was still just fifteen days before the injunction was
set to expire as a matter of law. But the PLRA s 90-day limit does not
provide for any exceptions. We note that at oral argument, VOTE
averred that it does not intend to seek additional preliminary relief
during the winter months where temperatures are not reasonably
1 The Circuit dismissed the appeal as moot because the underlying Order expired by
operation of law under the Prison Litigation Reform Act's ("PLRA") 90-day limit.
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expected to exceed 88 degrees. The panel fully anticipates that this case
will be tried on the merits as scheduled in February 2026, before
temperatures increase again in the spring.
(Fifth Circuit Case No. 25-30478, Doc. 96-1 at 10).
Plaintiffs' request for preliminary injunction remains, which asks the Court to
order the following relief:
(1) Require certain heat alert and heat monitoring practices;
(2) Prohibit the assignment of people with heat precaution duty status
("HPDS") to the Farm Line on any day that the National Weather Service
("NWS") projects the heat index will meet or exceed 88°F;
(3) Expand the list of medications and conditions qualifying a person for HPDS
as described in the Declaration of Dr. Susi Vassallo;
(4) Grant HPDS to all persons taking such medications or diagnosed with such
conditions within 10 days;
(5) Ensure all protections afforded under Louisiana Department of Public
Safety and Correction ("DOC") Health Care Policy No. 8 ("HOPS"), and any
preliminary relief ordered by the Court, are available to all Farm Lines;
(6) Lower the threshold for all outdoor work to cease from a heat index of 113°F
to a heat index of 103°F;
(7) Update LSP Directive 13.067 to reflect the heat protections offered under
HCP8, the remedial measures ordered by the Court in its August 15, 2024
order, ECF 109, and the additional relief sought herein; and
(8) Appoint an expert pursuant to Federal Rule of Evidence 706 to monitor and
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record Wet Bulb Globe Temperature ("WBGT") on the Farm Line and to
consult the Court regarding Defendants' heat-related practices.
Because trial in this matter is scheduled in February 2026, and the 60 days
preceding trial encompass winter months, the Court finds it appropriate to determine
the appropriate relief following trial rather than ordering preliminary relief at this
stage of the litigation.
Accordingly,
IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction
(Doc. 201) is DENIED without prejudice to Plaintiffs' right to re-urge their requests
during trial.
{x^
Baton Rouge, Louisiana, this ^" day of December, 2025
JUDGE BRIAN A. j^C^SON
UNITED STATES QlS^fRICT COURT
MIDDLE DISTRICT OF LOUISIANA
Case 3:23-cv-01304-BAJ-EWD Document 355 12/05/25 Page 3 of 3