Download pdf - 2013 09 25 Edmond and Lively Federal Complaint

8/11/2019 2013 09 25 Edmond and Lively Federal Complaint

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

Sandra Lively, individually and on behalf CIVIL ACTION NO.:

of her deceased son, Alvin Davis, Jr., and

LATOYA EDMOND, on behalf of minor

child LASON EDMOND, son of Alvin Davis, Jr.

VERSUS JUDGE:

RONNIE THERIOT as the duly elected

sheriff of the Parish of St. Martin

and sheriff deputies, MAGISTRATE:

JEDIDIAH CHAMPAGNE,

CARY JONES, and ANDREW BONVILLIAN,

individually, and in their official capacity as

Sheriff Deputies for the Parish of St. Martin

JURY DEMANDED

COMPLAINT FOR DAMAGES

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

INTRODUCTION

This is an action for money damages brought pursuant to 42 U.S.C. 1983 and 1988,

and under the laws of Louisiana against Ronnie Theriot as the duly elected sheriff of the Parish

of St. Martin, and Sheriff Deputies Jedidiah Champagne, Cary Jones, and Bonvillian, both

individually, and in their official capacity as sheriff deputies for the Parish of St. Martin.

JURISDICTION

1.


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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.

Complainants, Sandra Lively,mother of Alvin Davis, Jr., is a person of the full age of

majority and a resident of Iberia Parish, Louisiana; and Latoya Edmond, on behalf of Lason

Edmond, son of Alvin Davis, Jr., is a person of the full age of majority and a resident of St.

Martin Parish, Louisiana.

4.

Made defendants herein are the following:

(1) RONNIE THERIOT as the duly elected sheriff of the Parish of St. Martin ,upon information and belief, the duly elected Sheriff of the Parish of St. Martin,

State of Louisiana, and the employer of St. Martin Parish Sheriff Deputies.

Ronnie Theriot is sued herein in his official capacity as the sheriff of St. MartinParish; and

(2) SHERIFF DEPUTY JEDIDIAH CHAMPAGNE, both individually, and inhis official capacity as a sheriff deputy for the Parish of St. Martin, upon

information and belief, a person of the full age of majority and a resident of theParish of St. Martin.

(3) SHERIFF DEPUTY CARY JONES, both individually, and in his officialcapacity as a sheriff deputy for the Parish of St. Martin, upon information and

belief, a person of the full age of majority and a resident of the Parish of St.

Martin.


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(4) SHERIFF DEPUTY ANDREW BONVILLIAN, both individually, and in hisofficial capacity as a sheriff deputy for the Parish of St. Martin, upon

information and belief, a person of the full age of majority and a resident of theParish of St. Martin.

5.

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

FACTS

6.

On or about September 28, 2012, Alvin Davis, Jr., an African American male, was sitting

in a parked vehicle in the parking lot of AmysGrocery, located on Louisiana Highway 352 in

Henderson, Louisiana.

7.

Shortly thereafter, Mr. Davis vehicle became enclosed by three vehicles that were

blocking his vehicle from behind, later to be identified as three vehicles operated by the then

defendant Deputies named herein. Alvin Davis placed his vehicle in reverse and allegedly struck

St. Martin Parish Sheriffs Deputy Andrew Bonvillian, although it is unknown whether Mr.

Davis was aware that Deputy Bonvillian was standing behind his vehicle.

8.

At that point, Deputies Bonvillian, Champagne, and Jones, St. Martin Parish Sheriffs

opened fire on Mr. Davis, discharging multiple shots.

9.

As a result of being shot, Alvin Davis later died as a result of his injuries.

10.


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The force used by St. Martin Parish Deputies Jedidiah Champagne, Andrew Bonvillian,

and Cary Jones in shooting Mr. Davis was excessive under the circumstances and a violation of

Alvin Daviscivil rights.

11.

At all times material hereto, Sheriff Deputies Jedidiah Champagne, Andrew Bonvillian,

and Cary Jones, were in the course and scope of his employment with the St. Martin Parish

Sheriffs Officeand was acting under color of law, while employed, controlled, and supervised

by Ronnie Theriot, as the duly elected sheriff of the Parish of St. Martin.

12.

At all times during the offenses described above, Sheriff Deputies Jedidiah Champagne,

Andrew Bonvillian, and Cary Jones were engaged in a personal venture. Deputies Jedidiah

Champagne, Andrew Bonvillian, and Cary Jones performed the various actions described above

and let their physical presence and support and the authority of his office be known during the

said events.

13.

As a direct and proximate result of the said incidents by the defendant, plaintiff, Sandra

Lively, individually and on behalf of her deceased son, Alvin Davis, suffered the following

injuries and damages:

(a) Use of excessive force in violation of deceaseds civil rights under 42 U.S.C.

1983;

(b) Pain and suffering;

(c) Mental anguish, and emotional pain and suffering;

(d) Medical bills and expenses;

(e) Loss of enjoyment of life;

(f) Loss of future companionship;


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(g) Loss of love and affection;

(h) Grief;

(i) Funeral expenses incurred for the burial of Alvin Davis;

(j) For all damages allowed under Civil Code Article 2315.2;

(k) For all damages allowed under Civil Code Article 2315.1;

(l) Pain and suffering of Alvin Davis from the time of his injuries until death; and

(l) Attorneys fees pursuant to 42 U.S.C. 1988; and

(m) Punitive damages against Sheriff Deputies Jedidiah Champagne, AndrewBonvillian, and Cary Jones in their personal capacity.

14.

As a direct and proximate result of the said incidents by the defendant, plaintiff, Latoya

Edmond, on behalf of her minor child, Lason Edmond, son of deceased Alvin Davis, Jr., suffered

the following injuries and damages:

(a) Use of excessive force in violation of deceaseds civil rights under 42 U.S.C.

1983;

(b) Pain and suffering;

(c) Mental anguish, and emotional pain and suffering;

(d) Medical bills and expenses;

(e) Loss of enjoyment of life;

(f) Loss of future companionship;

(g) Loss of love and affection;

(i) Grief;

(i) Funeral expenses incurred for the burial of Alvin Davis;

(j) For all damages allowed under Civil Code Article 2315.2;


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(m) For all damages allowed under Civil Code Article 2315.1;

(n) Pain and suffering of Alvin Davis from the time of his injuries until death; and

(l) Attorneys fees pursuant to 42 U.S.C. 1988; and

(m) Punitive damages against Sheriff Deputies Jedidiah Champagne, AndrewBonvillian, and Cary Jones in their personal capacity.

15.

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

federal and state constitutional rights of Alvin Davis to be:

(a) Freedom from the use of excessive and unreasonably justified force against hisperson; and

(b) Freedom from unlawful arrests and/or seizures.

COUNT ONE:

42 U.S.C. 1983 AGAINST INDIVIDUAL DEFENDANT

16.

Paragraphs 1 through 15 are incorporated herein by reference as though fully set forth.

17.

Plaintiff, Sandra Lively, individually and on behalf of her deceased son, Alvin Davis, and

Latoya Edmond, on behalf of her minor child, Lason Edmond, claims damages for the injuries

set forth above under 42 U.S.C. 1983 against the defendant, Sheriff Deputies Jedidiah

Champagne, Andrew Bonvillian, and Cary Jones both in their individual capacity and in their

official capacity as sheriff deputies for the Parish of St. Martin, for violation of his constitutional

rights under Color of Law.

COUNT TWO:

ASSAULT AND BATTERY AGAINST INDIVIDUAL DEFENDANT

18.


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19.

Defendant, Sheriff Deputies Jedidiah Champagne, Andrew Bonvillian, and Cary Jones

assaulted and battered Alvin Davis, in violation of Louisiana state law, specifically, La. C.C. art.

2315, et seq.

20.

As a result of the assault and battery, deceased, Alvin Davis suffered damages and died.

21.

At all times material and present, defendant Sheriff Deputies Jedidiah Champagne,

Andrew Bonvillian, and Cary Jones, weere acting within the course and scope of their

employment with the St. Martin Sheriffs Office, and therefore, Ronnie Theriot as the duly

elected sheriff of the Parish of St. Martin is vicariously liable pursuant to Louisiana state law for

the assault and battery, committed by its employee, Sheriff Deputies Jedidiah Champagne,

Andrew Bonvillian, and Cary Jones.

COUNT THREE:

WRONGFUL DEATH AGAINST THE INDIVIDUAL DEFENDANT

22.


23.

Prior to September 28, 2012, the Ronnie Theriot as the duly elected sheriff of the Parish

of St. Martin developed and maintained policies or customs exhibiting deliberate indifference to

the constitutional rights of the people of St. Martin, specifically regarding the use of excessive

force and/or unjustified force, and unlawful arrests and/or seizures, which caused the violation of

Alvin Davisconstitutional rights.


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24.

It was the policy and/or custom of the Ronnie Theriot as the duly elected sheriff of the

Parish of St. Martin to inadequately and improperly investigate complaints of deputy

misconduct, and the acts of misconduct which were instead tolerated by the Parish of St. Martin.

25.

It was the policy and/or custom of the Ronnie Theriot as the duly elected sheriff of the

Parish of St. Martin, to inadequately supervise and/or train its sheriff deputies, including the

defendant deputies thereby failing to adequately discourage further constitutional violations on

the part of its sheriff deputies.

26.

As a result of the above described policies and/or customs, sheriff deputies with the St.

Martin Parish Sheriffs Office, including the defendants, Sheriff Deputies Jedidiah Champagne,

Andrew Bonvillian, and Cary Jones, believed that their actions would not be properly monitored

by supervisory officers and that misconduct would not be investigated or sanctioned, but would

be tolerated.

27.

The above described policies and customs demonstrate a deliberate indifference on the

part of the policy makers of the Parish of St. Martin to the constitutional rights of persons within

the Parish of St. Martin and were the cause of the violations of plaintiffs rights alleged herein.

COUNT FIVE

28.


29.


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Further, plaintiff specifically alleges defendant, Ronnie Theriot as the duly elected sheriff

of the Parish of St. Martin, condoned the establishment of practices, procedures, customs, and

policies, written and unwritten, which allowed the deprivation of plaintiffs constitutional rights

as set out herein. Such written and unwritten practices, procedures, customs, and policies

include but are not limited to:

(a) Inadequate and improper training, education, supervision, and

discipline of law enforcement agents/officers/deputies

commissioned and employed by it;

(b) Condoning and allowing police behavior that has been declared

unconstitutional and unlawful; and,

(c) Inadequate and improper procedures, policies and practices for

identifying and taking appropriate action against law enforcement

agents/officers/deputies and employees who are in need of re-training, corrective measures, re-assignment, or other disciplinary

and non-disciplinary actions through a positive and early warning

system designed to prevent the violations of citizens

constitutional and civil rights, including those of plaintiff.

30.

As a result of their unlawful and unconstitutional conduct, defendants, Ronnie Theriot as

the duly elected sheriff of the Parish of St. Martin, and Sheriff Deputies Jedidiah Champagne,

Andrew Bonvillian, and Cary Jones, both individually, and in his official capacity as a sheriff

deputy for the Parish of St. Martin; jointly, individually and in solido,deprived plaintiff of his

civil rights under 42 U.S.C. 1983. Said defendants are liable, individually, jointly and in

solido,unto plaintiff for such damages.

31.

The malicious actions, lack of actions, breach of duties, negligence and gross negligence

of defendants individually and/or together caused physical and emotional harm and ultimately


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the death of Alvin Davis and constitute wrongful and intentional torts under Louisiana Civil

Code Articles 2315, 2316, and 2320.

32.

The defendant, Ronnie Theriot as the duly elected sheriff of the Parish of St. Martin,

acted in violation of Louisiana Civil Code Article 2315 and 2316 by negligently hiring, training,

supervising and disciplining of the defendant, Sheriff Deputies Jedidiah Champagne, Andrew

Bonvillian, and Cary Jones, regarding the stopping of persons, shooting of persons and/or the use

of force.

33.

As a direct and proximate cause of the negligence and intentional acts, and constitutional

torts and violations of his civil rights under 42 U.S.C. 1983 and other Louisiana laws, plaintiff

suffered damages of physical harm, severe mental anguish and ultimately caused the death of

Alvin Davis.

WHEREFORE, plaintiff, Sandra Lively, individually and on behalf of her deceased son,

Alvin Davis, and Latoya Edmond, on behalf of her minor child, Lason Edmond, 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, Sheriff Deputies Jedidiah Champagne, Andrew

Bonvillian, and Cary Jones, 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

attorneys fees be awarded herein to plaintiff and that such attorneys 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.


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Respectfully submitted:

L. CLAYTON BURGESS, A P.L.C.605 West Congress Street

Lafayette, Louisiana 70502-52 7050150

Telephone: (337) 234-7573Facsimile: (337) 233-3890

s/L. Clayton Burgess

L. CLAYTON BURGESS, T.A.(22979)

Attorney for Plaintiff