Complaint for Damages Dreux Vers-1 - Amazon Web Services · During or around June of 2016 Dreux Barra also spoke with City of Youngsville Mayor Ken Ritter at a special meeting held

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION DREUX BARRA CIVIL ACTION NO.: VERSUS JUDGE: RICKEY BOUDREAUX, individually and in his official capacity as the Chief of Police MAGISTRATE: for the City of Youngsville, KEN RITTER, individually and in his official capacity as the Mayor for the City of Youngsville, CITY OF JURY DEMANDED YOUNGSVILLE and NATHAN MERITHEW, individually in his capacity as a Police Officer for the CITY OF YOUNGSVILLE and ATLANTIC SPECIALTY INSURANCE COMPANY

COMPLAINT FOR DAMAGES

TO THE HONORABLE, THE UNITED STATES DISTRICT COURT IN AND FOR THE WESTERN DISTRICT OF LOUISIANA:

INTRODUCTION

This is an action for money damages brought pursuant to 42 U.S.C. § 1983, 42 U.S.C. §

1988, the First, Fourth and Fourteenth Amendments to the United States Constitution, the

Louisiana Constitution and under the laws of Louisiana against the Rickey Boudreaux,

individually and in his official capacity as the Chief of Police for the City of Youngsville,

individually and in his official capacity as the Mayor for the City of Youngsville, Nathan

Merithew, individually and in his official capacity as a Police Office for the City of Youngsville

and Atlantic Specialty Insurance Company.

Case 6:18-cv-01162-UDJ-CBW Document 1 Filed 09/06/18 Page 1 of 22 PageID #: 1

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JURISDICTION

1.

Jurisdiction is founded on 28 U.S.C. § 1331. The plaintiff further invokes jurisdiction of

this Honorable Court, under 28 U.S.C. § 1367 to adjudicate claims arising under the Laws of the

State of Louisiana including but not limited to Article 2315, et seq, of the Louisiana Civil Code.

VENUE

2.

Venue lies in this Court under 28 USC § 1391(b) (2), as the events giving rise to this

claim occurred within this judicial district.

PARTIES

3.

Complainant, DREUX BARRA, is a person of the full age of majority and a resident of

Lafayette Parish, Louisiana.

4.

Made defendants herein are the following:

(1) RICKEY BOUDREAUX, upon information and belief, a person of full age of majority and a resident of the Parish of Lafayette, State of Louisiana sued individually and in his official capacity as the Chief of Police for the City of Youngsville, who can be served at his place of employment, the Youngsville Police Department, at 304 4th Street, Youngsville, Louisiana. He is and was at all pertinent times the Chief of Police for the City of Youngsville and as such was Youngsville’s policymaker and/or decisionmaker regarding law enforcement training, supervision, rules and procedures. He also at all pertinent times acted as supervisor to all other Youngsville named defendants, all of whom were at all pertinent times his subordinates;


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(2) KEN RITTER, upon information and belief, a person of full age of majority and a resident of the Parish of Lafayette, State of Louisiana sued individually and in his official capacity as the Mayor for the City of Youngsville, who can be served at his place of employment, the Youngsville City Hall, at 305 Iberia Street, Youngsville, Louisiana. He is and was at all pertinent times the Mayor for the City of Youngsville and as such was Youngsville’s policymaker and/or decisionmaker and/or co-policy maker regarding City of Youngsville Police Department;

(3) CITY OF YOUNGSVILLE, upon information and belief, a municipal entity and political subdivision of the State of Louisiana with the capacity to sue and be sued, acting under color of state law and is a person for the purposes of a 42 U.S.C. 1983 action, which can be served through its duly elected Mayor, Ken Ritter, at 305 Iberia Street; Youngsville, Louisiana;

(4) NATHAN MERITHEW, upon information and belief, a person of full age of

majority and a resident of the Parish of Lafayette, State of Louisiana sued individually and in his official capacity as a Police Officer for the Youngsville Police Department, who can be served at his place of employment, the Youngsville Police Department, at 304 4th Street, Youngsville, Louisiana. He was at all pertinent times a police officer employed by the City of Youngsville and was at all pertinent times acting under color of state law in performance of his duties as a Youngsville police officer; and

(5) ATLANTIC SPECIALTY INSURANCE COMPANY, upon information and

belief, a foreign insurance company licensed to do and doing business in the State of Louisiana, which provided coverage to the Youngsville defendants herein at all times relevant hereto.

5.

At all times relevant hereinafter mentioned, the individual Defendants were personally

acting under the color of state law and/or in in compliance with the official rules, regulations,

laws, statutes, customs, usages and/or practices of the State of Louisiana and/or the City of

Youngsville.


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6.

Each and all the acts of the individual Defendants alleged herein were committed by said

Defendants while acting within the scope of their employment with the City of Youngsville, and

were done knowingly, recklessly, intentionally, wantonly, callously, and/or with deliberate

indifference and/or gross negligence.

7.

At all times relevant hereinafter mentioned, Rickey Boudreaux was the Chief of Police

for the City of Youngsville and the final policy maker with regards to the Youngsville Police

Department.

8.

At all times relevant hereinafter mentioned, Ken Ritter was the Mayor for the City of

Youngsville and the final policy maker for the City of Youngsville and the co-policy maker for

the Youngsville Police Department.

9.

The right of jury trial is herein requested under the Federal Rules of Civil Procedure.

FACTS

10.

On or about May of 2016 the development of a RV Park adjacent to the Oak Shadows

Subdivision in Youngsville, Louisiana was being considered and was discussed and debated

before the governing body of the City of Youngsville.


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11.

Plaintiff, Dreux Barra, a property owner within the Oak Shadows Subdivision in

Youngsville, Louisiana, was one of several citizens who openly expressed opposition to the

approval and development of the proposed RV Park.

12.

The concerns expressed by Dreux Barra included diminished property values, general

noise and quality of life issues and flood concerns.

13.

On or about May 12, 2016 Dreux Barra was present at the Youngsville City Council

meeting in opposition of the approval and development of the proposed RV Park.

14.

Also present at the May 12, 2016 meeting were City of Youngsville Mayor Ken Ritter,

Councilmembers; Jamison Abshire (Division A), Matt Romero (Division C), Kenneth Stansbury

(Division D), Dianne McClelland (Division E), Youngsville Chief of Police Rickey Boudreaux,

City Attorney George Knox and Louisiana State Trooper / RV Park Developer John Trahan.

15.

On or about June 9, 2016 Dreux Barra was present at the Youngsville City Council

meeting in opposition of the approval and development of the proposed RV Park.

16.

Also present at the June 9, 2016 meeting were City of Youngsville Mayor Ken Ritter,

Councilmembers; Jamison Abshire (Division A), Matt Romero (Division C), Lauren Michel

(Division B), Kenneth Stansbury (Division D), Dianne McClelland (Division E), Youngsville


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Chief of Police Rickey Boudreaux and Louisiana State Trooper / RV Park Developer John

Trahan.

17.

During the June 9, 2016 an ordinance was introduced relevant to the development of RV

Parks within the City of Youngsville.

18.

During or around June of 2016 Dreux Barra also spoke with City of Youngsville Mayor

Ken Ritter at a special meeting held for residents of Oak Shadows Subdivision and penned two

letters to the Youngsville City Council and Mayor in opposition to the development of the RV

park.

19.

On or about July 14, 2016 Dreux Barra was present at the Youngsville City Council

meeting in opposition of the approval and development of the proposed RV Park. It was at this

time that Mr. Barra learned that a permit had been issued to John Trahan for the Acadiana Oasis.

20.

Just prior to April 4, 2017 Dreux Barra sent an email to the city council alleging that

Trahan had not poured the required level of asphalt and indicating he only poured a 2 inch

roadway surface that should have been 4 inches and putting them on notice that Trahan had no

intention of following any of the ordinance.


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21.

On or about April 4, 2017 Youngsville Chief of Police Rickey Boudreaux and

Youngsville Assistant Chief of Police Nick Latiolais showed up at the residence of Dreux Barra

unannounced. During this encounter Mr. Barra was advised by Boudreaux and Latiolais that he

needed to get along with John Trahan and accussed Barra of trespassing on the property of

Trahan.

22.

During the conversation between Barra, Boudreaux and Latiolais, Chief Rickey

Boudreaux brought up the drone, and told Barra he needed to keep from flying it “over there”.

23.

Chief Rickey Boudreaux further mentioned that he has drones in his neighborhood too,

and was fine with the flying a drone, but not “over there”.

24.

Chief Rickey Boudreaux also briefly mentioned a Facebook page which they alleged

contained defamatory information and/or portrayed the Acadiana Oasis in a negative light.

25.

On or about April 5, 2017 Youngsville Police Officer Nathan Merithew took a complaint

regarding an alleged Facebook post/page which they alleged contained defamatory information

and/or portrayed the Acadiana Oasis in a negative light.


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26.

On or about April 28, 2017 Youngsville Police Officer Tracy Girard showed up at the

residence of Dreux Barra unannounced. During this encounter Mr. Barra was questioned

regarding allegedly dumping crawfish heads on the property in the field behind my house. Barra

told Girard he was not responsible.

27.

On or about May 21, 2017 Youngsville Police Officer Richard Vincent showed up at the

residence of Dreux Barra unannounced. During this encounter Mr. Barra was questioned

regarding allegedly flying an unmanned aircraft (drone) over the property of Acadiana Oasis RV

park.

28.

On or about September 7, 2017 Youngsville Police Officer Nathan Merithew showed up

at the residence of Dreux Barra unannounced. During this encounter Mr. Barra was questioned

regarding allegedly flying an unmanned aircraft (drone) over the property of Acadiana Oasis and

was subsequently arrested for criminal mischief and released on a citation. Additionally, Nathan

Merithew would cease property belonging to Mr. Barra, including the unmanned aircraft (drone).

29.

Nathan Merithew detained and/or arrested Dreux Barra with no lawful basis. Nathan

Merithew also confiscated property from Dreux Barra.


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30.

The property seized was without any lawful basis. The detention and arrest was without

lawful basis. The criminal charges charged were without any lawful basis.

31.

Prior to and following the September 7, 2017 the City of Youngsville would station

patrol officers on or near the property of Acadiana Oasis and conduct surveillance on Mr. Barra.

32.

On or about November 18, 2017 the 15th Judicial District Attorney’s Office refused to

prosecute the charges alleged against Mr. Barra.

33.

Following the dismissal of the criminal charges against him by the 15th Judicial District

Attorney’s Office Dreux Barra contacted the Youngsville Police Department and demanded the

release of his unmanned aircraft (drone) and requested to see public records related to the closed

criminal investigation. Mr. Barra’s demands were refused.

34.

It would be several more months before the Youngsville Police Department would

release to Mr. Barra his unmanned aircraft (drone).


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35.

Additionally, Mr. Barra would have to make additional request to the Youngsville Police

Department to review public records before he was provided with a response and production of

any records to review.

36.

On or about February 28, 2018 Youngsville Police Officer Eric Segura showed up acting

on a complaint from Trahan. Officer Segura showed up at the RV Park in his patrol unit and

conducted surveillance on Barra to see if he was flying an unmanned aircraft over the property of

Acadiana Oasis.

37.

The actions of the City of Youngsville and the Youngsville Police Department constitute

harassment against Mr. Barra.

38.

There is a well-documented history of Chief Rickey Boudreaux’s failure to train,

supervise, investigate, discipline and downright condone civil rights violations of others.

39.

Chief Rickey Boudreaux was previously employed, by Iberia Parish Sheriff Louis Ackal,

where he served at the Patrol Commander prior to being elected as the Chief of Police for the

City of Youngsville.

40.

As Patrol Commander for the Iberia Parish Sheriff, Chief Rickey Boudreaux founded the

“IMPACT” unit which quickly became known for its brutality amongst civilians and prisoners.


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41.

It was common for officer’s on the IMPACT unit who had use unjustified or

inappropriate force on individuals in violation of their civil rights to tell other offices that the

person had been “impacted”.

42.

Chief Rickey Boudreaux also referred and boasted to the environment of excessive force,

brutality and civil rights violations in Iberia Parish as “Ackal style justice”.

43.

On or about December 7, 2012 while serving as Patrol Commander for the Iberia Parish

Sheriff was provided video evidence of Marcus Robicheaux, a prisoner at the Iberia Parish Jail,

being brutally stacked by an officer and his canine while laying face down on the ground.

44.

Once receiving the video evidence Rickey Boudreaux would take no action regarding

investigating or disciplining the officers involved.

45.

On October 31, 2016, Alphons Burrell, a former Iberia Parish Sheriff’s Deputy, would

testify that Rickey Boudreaux was present in the chapel on April 29, 2011 during the time

prisoners were taken to that area of the Iberia Parish Jail to be beaten by officers.

46.

On November 2, 2016, Zachary Schaubert, a former Iberia Parish Sheriff’s Deputy and

current police officer of the City of Youngsville, would testify that he learned of unjustified use

of force, by Jason Comeaux, from Rickey Boudreaux.

47.

But once more Rickey Boudreaux would take no action regarding investigating or


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disciplining Jason Comeaux regardless the alleged use of excessive force and civil rights

violations .

48.

Rickey Boudreaux, individually and in his official capacity as the Chief of Police for the

City of Youngsville and as the final policymaker for the staff of the Youngsville Police

Department, established a similar custom, pattern and practice as the one which he enforced

while employed with by the Iberia Parish Sheriff, which included excessive use of force, civil

rights violations, harassment of citizens, cover-up and failure to investigate allegations of police

officer misconduct.

49.

As a direct and proximate result of the said incidents by the defendants, plaintiff, Dreux

Barra, suffered the following injuries and damages; including but not limited to:

(a) Unlawful arrest; (b) Pain and suffering; (c) Mental anguish, and emotional pain and suffering;

(d) Attorney’s fees pursuant to 42 U.S.C. § 1988; (e) Punitive damages against Nathan Merithew in his personal capacity; (f) Punitive damages against Rickey Boudreaux in his personal capacity; and (g) Punitive damages against Ken Ritter in his personal capacity.

50.

The actions of the defendants violated the following, clearly established and well-settled

federal and state constitutional rights of Dreux Barra to be:

(a) Free from unlawful arrest, detention and seizures; and

(b) Freedom from retaliation for exercising his First Amendment rights.


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COUNT ONE:

Unlawful Arrest or Detention - 42 U.S.C. § 1983 and the Fourth Amendment

51.

Plaintiff incorporates by reference all allegations in the foregoing paragraphs.

52.

The Fourth Amendment to the U.S. Constitution protects an individual’s right to be free

from unreasonable seizures.

53.

Defendant Nathan Merithew, under the supervision of Chief Rickey Boudreaux, and at

his behest, and in accordance with the policies of the City of Youngsville, arrested or detained

Dreux Barra without probable cause of any criminal wrongdoing as described in the foregoing

paragraphs.

54.

If it was a detention that occurred, the detention was objectively unreasonable under the

circumstances and was not based on reasonable suspicion supported by articulable facts that

criminal activity was occurring.

55.

If an arrest occurred, it was objectively unreasonable under the circumstances and was

not based on probable cause.

56.

Officer Merithew’s actions violated Dreux Barra’s clearly established constitutional

rights. At all times relevant, Officer Merithew acted under color of state law and is liable

pursuant to 42 U.S.C. § 1983. Officer Merithew’s actions were intentional, malicious, and

reckless and showed a callous disregard for Dreux Barra’s rights.


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57.

Plaintiff suffered harm as a result of these actions.

58.

Officer Merithew’s actions directly and proximately caused Dreux Barra to suffer

significant physical and psychological injuries. Accordingly, Officer Merithew is liable to Dreux

Barra for compensatory and exemplary/punitive damages.

COUNT TWO:

Unlawful and Retaliatory Assault / Arrest / Detention / Property Seizure / Prosecution - 42 U.S.C. § 1983 and the First Amendment

59.


60.

Specifically, Nathan Merithew, under the direct supervision of Chief Rickey Boudreaux

and at his behest, and in accordance with the policies of the City of Youngsville, arrested or

detained Plaintiff without probable cause of any criminal wrongdoing and in retaliation for and

to prevent Plaintiff from engaging in constitutionally protected conduct, specifically Freedom of

Speech and Freedom of Expression.

61.

Defendants, adversely to Plaintiff, detained Plaintiff, arrested Plaintiff, seized Plaintiff’s

property, injured Plaintiff, and/or maliciously charged Plaintiff with a frivolous criminal charge.


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These adverse acts were done in retaliation for Plaintiff engaging in constitutionally

protected conduct as described herein, and to prevent him from engaging in such conduct,

specifically Freedom of Speech and Freedom of Expression.

62.

The defendants’ adverse acts would deter a man of ordinary firmness from continuing to

engage in such conduct in the future.

63.

Plaintiff suffered harm as a result.

COUNT THREE:

Unlawful Seizure of Property Seizure - 42 U.S.C. § 1983 and the Fourth Amendment

64.


65.

Defendants created a meaningful interference with Plaintiff’s possessory interests in his

property, which was unreasonable because the interference was unjustified by law. Specifcally,

Nathan Merithew, under the direct supervision of Chief Rickey Boudreaux and at his behest, and

in accordance with the policies of City of Youngsville, seized Plaintiff’s drone and memory card

storage device, despite there being no lawful basis to do so.


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66.


COUNT FOUR:

Abuse of Process - 42 U.S.C. § 1983 and the Fourth Amendment

67.


68.

Defendants engaged in the extortionate perversion of lawfully initiated process to

illegitimate ends in that they procured a prosecution against Plaintiff knowing he is innocent of

the charged crime. They initiated the charges to somehow justify their own unlawful actions.

69.

Specifically, Nathan Merithew, under the direct supervision of Rickey Boudreaux and at

his behest, and in accordance with the policies of the City of Youngsville, charged Plaintiff with

a crime of which they know he is innocent and they only did so to justify their actions and to

punish him for his lawful conduct.

70.


COUNT FIVE:

Malicious Prosecution - 42 U.S.C. § 1983 and the Fourth Amendment


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71.


72.

Plaintiff was falsely criminally charged by Nathan Merithew, under the direct supervision

of Rickey Boudreaux, and at his behest, and in accordance with the policies of the City of

Youngsville, despite the fact that there was no probable cause that the plaintiff was engaging in

criminal wrongdoing or that he committed a criminal offense. The charge was dismissed by the

District Attorney since no probable cause existed.

73.

A criminal proceeding was commenced against the plaintiff.

74.

The defendant initiated or procured the proceeding.

75.

The proceeding was terminated in the plaintiff’s favor.

76.

The plaintiff was innocent of the crime charged.

77.

The defendant lacked probable cause to initiate the criminal proceeding.


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78.

The defendant acted with malice.

79.


COUNT SIX:

Monell Liability

80.


81.

A municipality is liable under 42 U.S.C. § 1983 if the acts that violated a person’s right

were undertaken pursuant to the municipality’s policies and customs.

82.

Defendant, City of Youngsville, directly caused the constitutional violations suffered by

Plaintiffs, and is liable for the damages caused as a result of the conduct of the individual

Defendants. The conduct of the individual Defendant officers was a direct consequence of the

policies and practices of Defendant City.


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83.

At all times relevant in this complaint, direct and proximate cause of the damages and

injuries complained of were caused by policies, practices and /or customs developed,

implemented, enforced, encouraged, and sanctioned by Defendant City, including the failure:

1. To adequately supervise and train its officers and agents, including individual

Defendants, thereby failing to adequately discourage further constitutional violations on

the part of its police officers;

2. To properly and adequately monitor and discipline its officers, including individual

Defendants; and

3. To adequately and properly investigate citizen complaints of police misconduct and

instead, acts of misconduct were tolerated by the Defendant City. Defendant City has

acted with deliberate indifference to the constitutional rights of the Plaintiffs. As a direct

and proximate result of the acts as stated herein by each of the Defendants, the Plaintiffs’

constitutional rights have been violated.

84.

This failure to supervise, discipline, or control its officers demonstrates deliberate

indifference to the constitutional rights of the plaintiff and is directly responsible for the

individual defendants acting the way they did as outlined in this lawsuit.


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85.

Further the de facto unwritten policy, procedure, or custom, described herein,

demonstrates deliberate indifference to the constitutional rights of the plaintiff and is directly

responsible for the individual defendants acting the way they did as outlined in this complaint.

86.

Defendant City’s supervision of the defendant officers, was deficient as it to relates to

unlawful arrests and unlawful seizures. Defendant City made a deliberately indifferent choice to

not provide adequate supervision of these officers to ensure that such actions are not repeated,

and that is exactly why these defendant officers were enabled and in fact emboldened to violate

the plaintiff’s Constitutional rights as outlined herein.

87.

As a proximate result of the unconstitutional acts and omissions of Defendant City,

Plaintiff was harmed and suffered damages for his physical, mental, and emotional injury and

pain, mental anguish, humiliation, and embarrassment.

88.

Further, Defendant City has explicit unconstitutional policies including:

a) To detain people even though there is no reasonable suspicion or probable cause of

criminal wrongdoing;

b) To seize people’s property without a warrant, consent, reasonable suspicion of

criminal wrongdoing, or any other lawful basis;


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c) To retaliate against citizens for exercising their rights guaranteed by the U.S.

Constitution.

89.

These policies directly caused the harm suffered by the plaintiffs in the instant action.

COUNT SEVEN:

Louisiana Constitution Article 12 § 3

90.


91.

Plaintiff was denied the right to examine public records for several days.

PRAYER FOR RELIEF

WHEREFORE, plaintiff, Dreux Barra, prays that a jury trial be had as to the issues

triable by jury; that compensatory damages to be fixed by a jury against the defendants,

individually, jointly and in solido, be awarded; that punitive damages to be fixed by a jury

against the defendants, Nathan Merithew and Rickey Boudreaux, in their personal and/or

individual capacity be awarded; that all costs of this action be assessed against the defendants,

individually, jointly and in solido; that attorney’s fees be awarded herein to plaintiff and that

such attorney’s fees be assessed against the defendants, individually, jointly and in solido; and,

for any and all other relief that this Court deems just and proper.

Respectfully submitted:

L. CLAYTON BURGESS, A P.L.C.


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605 West Congress Street Lafayette, Louisiana 70502-52 7050150 Telephone: (337) 234-7573 Facsimile: (337) 233-3890

s/L. Clayton Burgess L. CLAYTON BURGESS, T.A. (22979) Attorney for Plaintiff


Documents

Complaint for Damages Dreux Vers-1 - Amazon Web Services · During or around June of 2016 Dreux Barra also spoke with City of Youngsville Mayor Ken Ritter at a special meeting held