James J. Brady
Judge Brady no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brady decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court applies strict scrutiny to content-based restrictions on religious speech in a traditional public forum, and strikes them down where the government shows no compelling interest or narrowly tailored means.
“the City had no compelling interest in silencing Mr. Netherland’s religious speech, and removing Mr. Nether-land from the forum and silencing him completely was not a narrowly tailored response”
On a Rule 12(b)(6) motion the court requires a concrete, present injury and dismisses claims resting only on the risk of future harm and the cost of guarding against it.
“This Court, however, finds that Mr. Horne’s complaint does not allege that he suffered any actual damages”
Procedural preferences
The court works closely through its magistrate judges: many of these dispositive rulings are short orders adopting a magistrate's report and recommendation as the court's own opinion after considering the parties' objections.
“The court hereby approves the July 24, 2009 report and recommendation of the magistrate judge and adopts it as the court’s opinion herein.”
At summary judgment the court will not weigh credibility; where a later declaration conflicts with deposition testimony it sends the dispute to the jury rather than striking the evidence.
“Credibility assessments are not fit grist for the summary judgment mill.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because plaintiffs’ tax refund claim is prescribed, defendant’s motion to dismiss is GRANTED. However, in the interests of justice, defendant’s motion to dismiss is DENIED with regard to plaintiffs Freedom of Information Act claim.”
“the motion by defendants, East Baton Rouge Parish School Board and Charlotte Placide, to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (doc. 5), is hereby DENIED.”
“the Defendant’s Motion to Dismiss (doc. 22) is hereby GRANTED”
“For the reasons stated herein, the Court GRANTS Defendant’s motion.”
“Defendants’ Motion for Reconsideration is GRANTED.”
“the Defendants’ Motion to Dismiss pursuant to Fed. Rule Civ. P. 12(b)(1) is hereby DENIED.”
“the motion by defendant, Level 3 Communications, LLC, for summary judgment (doc. 10) is hereby DENIED.”
“Plaintiffs Motion (Doc. 43) is hereby GRANTED as it relates to Plaintiffs as-applied claims.”
“The Plaintiffs application for a preliminary injunction is hereby GRANTED.”
“the Motion for Summary Judgment (doc. 25) by Western World is hereby GRANTED IN PART and DENIED IN PART”
“both motions for summary judgment are DENIED.”
“Columbia Sussex’s motions to strike the declarations of Ms. Rice and Mr. Knight are DENIED.”
“the petitioner’s motion for injunctive relief (doc. no. 22) is DENIED”
“the petitioner’s application for habeas corpus relief is DENIED and this action is DISMISSED”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 118.5 days (N = 14).
Sampled from the judge's tenure-era civil dockets. The mix spans civil-rights and employment matters, products-liability and personal-injury suits, insurance and contract disputes, and a securities and a forfeiture case — consistent with the employment, insurance, removal, and constitutional disputes seen in his published opinions.
A historical record
Judge Brady no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.