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DIVISION: “G”
Facts
The Honorable Third Circuit Court of Appeal rendered a judgment herein finding that the
City of Alexandria, Louisiana had violated the state’s Public Records Law. That court ordered
the City of Alexandria to pay a $2,500 attorney’s fee plus the court costs incurred.
That appellate court judgment became executory on or about June 6, 2009. At some time
prior to July 13, 2009, the City of Alexandria caused the clerk of court to refund the court costs,
For some unknown reason, the Alexandria City Council met on the Heath matter, in
executive session, on July 14, 2009, where no action to pay the judgment came up.
It is from that action, or inaction, by the City Council for the City of Alexandria,
Louisiana that RICHARD HEATH filed this Judgment Debtor Rule, which is set for August
24, 2009, and his Motion for Contempt, which is set for August 31, 2009.
This state’s Public Records law can apply to nothing else but governmental bodies, such
as the City of Alexandria. Furthermore, Article XII Section 3 specifically guarantees unto the
citizens of Louisiana the right to public records. Thus, regardless of any constitutional provision
prescribing against the payment of judgments cannot apply to the equally persuasive
It is seriously doubtful that this court will hold that the City of Alexandria can get out of
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its compliance with the Public Records law whenever it chooses.
The City of Alexandria also wrongfully relies upon Louisiana Constitution Art. 12, sec.
No Immunity in Contract and Tort. Neither the state, a state agency, nor a political
subdivision shall be immune from suit and liability in contract or for injury to
person or property.
It is suggested that a Public Records judgment is neither a lawsuit in contract nor tort.
It is also pointed out that whether or not a waver was issued in this lawsuit, the time for
alleging such was waived by allowing this matter to go to trial and then to judgment on appeal.
Mayor Roy, of the City of Alexandria, said, in KSYL Radio on May 8, 2009, "If the
judgment is valid, the appeal process has run, the City pays its judgments". It is submitted that
Mayor Roy’s statement can only show that the City of Alexandria has waived such lawsuits and
The only reason that the City of Alexandria refuses to pay this judgment is due to the
animosity shown toward the plaintiff and his attorney in deprivation of their due process and
equal protection rights. Plaintiff was issued an award by the Court of Appeal and it must now pay
it.
RESPECTFULLY SUBMITTED:
______________________________
GREGORY R. AYMOND
ATTORNEY AT LAW
Post Office Drawer 5503
3229 Industrial Street
Alexandria, Louisiana 71307
Tele: (318) 445-3618
Fax: (318) 448-6133
Bar Role No.: 17,449
CERTIFICATE OF SERVICE
I, the undersigned, do swear that a copy of the foregoing pleading was served upon all
counsel of record herein, via United States First Class Mail, postage prepaid, on this the
day of , 2009.
GREGORY R. AYMOND