Victory in the 5th Cir: La. officials can be liable for holding a WL client in prison after his release date

We are proud to announce a significant victory in the United States Court of Appeals for the Fifth Circuit, where we successfully represented Mr. Nicholas Buchicchio in his constitutional challenge against the Louisiana Department of Public Safety and Corrections (DPSC). On October 29, 2024, the Fifth Circuit upheld the district court’s decision denying qualified immunity to DPSC Secretary James LeBlanc, affirming that Mr. Buchicchio’s claims of overdetention—being unlawfully held for 84 days past his release date—deserved to proceed. This ruling reinforces the principle that state officials can and should be held accountable when they fail to ensure timely release of individuals in their custody.

This case underscores a troubling pattern of systemic overdetention within the Louisiana prison system, an issue well-documented in legislative audits and Department of Justice reports. The Fifth Circuit recognized that Mr. Buchicchio’s extended incarceration was not an isolated incident but part of a broader failure by DPSC to implement adequate release procedures. By allowing this lawsuit to move forward, the court has taken an important step toward ensuring that constitutional rights are protected and that those in positions of power cannot evade responsibility for the unlawful deprivation of liberty.

We remain committed to fighting for justice on behalf of individuals like Mr. Buchicchio who have suffered due to governmental misconduct. This decision is not just a personal victory for our client but a meaningful step in the ongoing battle against wrongful incarceration.