Taylor v. LeBlanc, No. 21-30625 (5th Cir. 2023)
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Plaintiff was detained beyond the expiration of his sentence. After his release, he sought redress for this violation of his rights by bringing a lawsuit against various Louisiana officials under 42 U.S.C. Section 1983 and Louisiana state law. The district court dismissed most of Plaintiff’s claims but allowed a supervisory liability claim against Department Secretary James LeBlanc to proceed by denying qualified immunity. Secretary LeBlanc appealed the denial of qualified immunity, arguing that his conduct wasn’t objectively unreasonable in light of clearly established law.
The Fifth Circuit reversed. The court reasoned that the right to timely release is clearly established. But Plaintiff failed to adequately brief—and has thus forfeited—any meritorious argument that Secretary LeBlanc’s behavior was objectively unreasonable in light of that right. The court explained that to the extent that Plaintiff argues the merits, it’s inadequately briefed. Plaintiff’s entire presentation on the issue of objective unreasonableness amounts to just this single conclusory statement: “It is inherently unreasonable for the secretary . . . to fail to enact policies and procedures to ensure the prompt release of inmates who have served their sentences in accordance to the law.” A single, unsupported sentence isn’t enough to adequately brief the issue.
The court issued a subsequent related opinion or order on May 15, 2023.
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