James D. Kirk

How Judge Kirk rules, drawn from 6 signed orders. Every observation links to the order it came from.

Judge Kirk no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the Western District of Louisiana
Position
Magistrate judge
Status
Left this court 2015
Signed orders read
6

About Judge Kirk

James D. Kirk served as a United States magistrate judge for the Western District of Louisiana. The judge held the full-time position in the Alexandria Division from 1997 to 2015.

How Judge Kirk decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Blackstock's prisoner medical-care case, Kirk found deliberate indifference where the prison physician refused without a valid reason to follow the specialist's treatment recommendations. The district judge adopted the recommendation for preliminary injunctive relief.

“Dr. Pacheco’s stubborn refusal, for no valid reason, to follow the recommendations of the specialist to whom he had sent the patient rises to the level of deliberate indifference.”

Procedural preferences

In Adams, Kirk recommended invalidating Alexandria's fortune-telling ban as a content-based speech restriction that failed strict scrutiny. The district judge adopted the recommendation.

“I find that the ordinance regulates content based speech, not commercial speech, and, therefore, strict scrutiny must be applied to it.”

In Hobbs's Social Security appeal, Kirk recommended remand after finding that the administrative law judge wrongly relied on a nonphysician examiner over a treating physician's assessment.

“It is obvious that the ALJ erred in accepting the opinion of a non-physician over that of a treating physician.”

Cautions

In Blakemore, Kirk held that plaintiffs who were neither policy parties, insureds, nor third-party beneficiaries lacked standing to reform the insurance contract.

“Nevertheless, the result is, as explained above, mandated by the rules governing reformation of insurance contracts.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

American International Specialty Lines Insurance Co. v. Blakemore
1:06-cv-00600 · 2011-03-03
Summary judgment (defendant) Granted

“IT IS HEREBY ORDERED that FFIC's motion for summary judgment (Doc. 156) is GRANTED and plaintiffs' partial motion for summary judgment (Doc. 147) is DENIED.”

Summary judgment (plaintiff) Denied
Adams v. City of Alexandria
1:11-cv-01484 · 2012-06-20
Summary judgment (plaintiff) Granted

“IT IS RECOMMENDED that a declaratory judgment be entered and that the City of Alexandria Ordinance 15-127 be declared unconstitutional as violating citizens' rights under the First Amendment of the United States Constitution.”

Blackstock v. Corrections Corp. of America
1:08-cv-01557 · 2009-09-04
Preliminary injunction (plaintiff) Granted

“IT IS RECOMMENDED that plaintiffs requests for preliminary injunction [Doc. # 12 and 16] be GRANTED and that the prison be ordered to provide to him the medications prescribed for him by the specialist that the prison sent him to for evaluation, Dr. McWilliams.”

Hobbs v. Astrue
1:08-cv-00880 · 2009-06-10
Social security appeal (plaintiff) Granted

“IT IS RECOMMENDED that the final decision of the Commissioner be VACATED and that Hobbs' case be REMANDED to the Commissioner for further proceedings in accordance with the views expressed herein.”

Dowles v. Barnhart
258 F. Supp. 2d 478 · 2003-03-31
Social security appeal (plaintiff) Granted

“IT IS RECOMMENDED that Dowles' appeal be GRANTED, the final decision of the Commissioner be REVERSED AND VACATED, and Dowles be AWARDED SSI BENEFITS from June 3, 1997.”

Baker v. Wilkinson
635 F. Supp. 2d 514 · 2009-07-02
Summary judgment (defendant) Denied

“IT IS RECOMMENDED that defendants' motion for summary judgment (Doc. 65) be DENIED.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 1197 days (N = 3).

Median motion-to-ruling time: 183 days (N = 4).

  • By the Alexandria Division's standing orders, Magistrate Judge Kirk received the division's full stream of Social Security 42 U.S.C. 405(g) benefit appeals and its ERISA benefit-denial cases for report and recommendation, together with prisoner conditions-of-confinement and post-conviction petitions; he also presided over civil cases to final judgment when the parties consented under 28 U.S.C. 636(c).
  • The handful of cases below underlie the published-opinion set and are a tiny, selection-biased sample of his most heavily litigated matters, not a random caseload median.

A historical record

Judge Kirk no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.