Pamela A. Tynes

U.S. District Court for the Western District of Louisiana magistrate Retired 2001 4 signed orders read

Judge Tynes no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Tynes decides

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

What persuades

On Social Security review she will reverse a denial of benefits where the ALJ leaned solely on the Medical-Vocational Guidelines without vocational testimony and the record as a whole shows the claimant cannot sustain even sedentary work day in and day out.

“Upon review of the record as a whole, I find there is not substantial evidence upholding the Secretary’s determination that Narcisse is not disabled and is able to perform substantial gainful activity.”

In an excessive-force case she applies the Fifth Circuit's three-part significant-injury / clearly-excessive / objectively-unreasonable standard and treats continued force after a suspect is subdued as clearly excessive.

“Officer Goodie’s use of force was clearly excessive to the need as he continued to beat Lewis even after Lewis had been subdued and was falling to the ground.”

She declines to impose Section 1983 municipal liability where the city's final policymaking authority rests with the council rather than the police chief, confining any municipal recovery to state vicarious-liability law.

“I find no legal basis for city liability under Section 1983 in this case.”

On a Rule 27 pre-suit petition she requires the movant to establish that federal jurisdiction would exist in the contemplated action, and dismisses where jurisdiction has not been shown.

“it does not appear that jurisdiction has been established in this case sufficient to permit enforcement of Rule 27.”

Procedural preferences

She treats an affirmative defense of qualified immunity that a defendant never pleaded or argued as waived, and will not raise it for the defense.

“The affirmative defense of qualified immunity was not raised by the defendants in their pleadings, memoranda or at trial, and was, accordingly, waived.”

She holds counsel to the jurisdictional consequences of their own signed filings: a memorandum averring that a non-diverse party will be joined is a Rule 11 certificate that defeats diversity jurisdiction.

“This allegation is subject to the provisions of F.R.Civ.P. 11 and thus, constitutes a certificate of counsel that Roche will be a party.”

Signed rulings

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

Narcisse v. Secretary of Health & Human Services
794 F. Supp. 194 · 1992-06-25
Social security appeal (plaintiff) Granted

“it is my recommendation that the plaintiff be awarded appropriate benefits consistent with an onset date of January 1, 1985.”

In re Complaint of Financial Indemnity Co.
173 F.R.D. 435 · 1997-04-16
Motions to compel (petitioner) Denied

“it is my recommendation that the motion as well as the Complaint be DISMISSED for lack of federal jurisdiction.”

In re Nabors Loffland Drilling Co.
142 F.R.D. 295 · 1992-05-05
Petition to perpetuate evidence (petitioner) Denied

“it is my recommendation that the Petition for Perpetuation of Evidence and for Temporary Restraining Order be DISMISSED for lack of federal jurisdiction under Rule 12(b)(1).”

Lewis v. Goodie
798 F. Supp. 382 · 1992-07-16
Civil rights merits judgment (plaintiff) Granted

“Compensatory damages are awarded in favor of Chesley Lewis, Jr. against Officer Melvin Goodie, Officer Anthony DeRousselle, Chief of Police George Menard, and the City of Breaux Bridge jointly and in solido in the sums of $690.00 in special damages, including $510.00 in medicals and $180.00 in lost wages, and $25,000.00 in general damages.”

Caseload & timing

From public federal docket records for this judge.

As a full-time magistrate judge in the Lafayette Division (1991-2001; part-time 1988-1991), Tynes handled the division's civil referral docket -- Social Security disability appeals, prisoner and civil-rights matters, discovery motions, and Rule 27 pre-suit petitions -- and, on the parties' consent under 28 U.S.C. 636(c), presided over civil trials. The enumerable electronic docket shells carry no retained nature-of-suit detail beyond the caption, so caseload cannot be quantified.

A historical record

Judge Tynes 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.