2014 04 04 DOC 1 - Complaint For Damages

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

SHELBY TRAHAN, indivdiually and on
behalf of his deceased father, ADAM JAMES
TRAHAN

VERSUS

WAYNE MELANCON, individually and in
his official capacity as the duly elected Sheriff
of the Parish of Acadia; TYLER
BROUSSARD, individually and in his official
as a Deputy Sheriff for the Parish of Acadia;
and CONAN SMITH, individually and in his
official as a Deputy Sheriff for the Parish of
Acadia
CIVIL ACTION NO.:

JUDGE:

MAGISTRATE:

JURY DEMANDED

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 and 1988, and
under the laws of Louisiana against Wayne Melancon, individually and in his official capacity as
the duly-elected Sheriff of the Parish of Acadia, Tyler Broussard, individually and in his official
as a Deputy Sheriff for the Parish of Acadia; and Conan Smith, individually and in his official as
a Deputy Sheriff for the Parish of Acadia.

Case 6:14-cv-00722-RTH-PJH Document 1 Filed 04/03/14 Page 1 of 15 PageID #: 1

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JURISDICTION
1.

This action for monetary damages is brought pursuant to 42 U.S.C.1983 as well as the
Constitution of the United States and the State of Louisiana, the United States Code, Louisiana
Civil Code and the Revised Statues of Louisiana. Jurisdiction is founded on 28 U.S.C. 1331
and 28 U.S.C. 1343. 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.
2.
The complaints further allege the Defendants are liable in solido (or according to such
determination as the Court may make) to the plaintiff for the damages, costs, fees and expenses
described in this Complaint for the reasons described in the following sections of this Complaint.
VENUE

3.

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
4.
Complainant, SHELBY TRAHAN is a person of the full age of majority and a resident
of Acadia Parish, Louisiana.
5.
Made defendants herein are the following:
(1) WAYNE MELANCON, individually and in his official capacity as the duly-
elected Sheriff of the Parish of Acadia; upon information and belief, the duly-
elected Sheriff of the Parish of Acadia, State of Louisiana, and the employer of
Acadia Parish Sheriffs Deputies. Wayne Melancon is sued herein individually

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and in his official capacity as the duly-elected Sheriff of the Parish of Acadia,
who can be served at his place of employment, the Acadia Parish Sheriffs Office,
at 1037 Capital Avenue, Crowley, Louisiana;

(2) TYLER BROUSSARD, both individually and in his official as a Deputy Sheriff
for the Parish of Acadia; upon information and belief, a person of the full age of
majority and a resident of the Parish of Acadia, who can be served at his place of
employment, the Acadia Parish Sheriffs Office, at 1037 Capital Avenue,
Crowley, Louisiana; and

(3) CONAN SMITH, both individually and in his official as a Deputy Sheriff for the
Parish of Acadia; upon information and belief, a person of the full age of majority
and a resident of the Parish of Acadia, who can be served at his place of
employment, the Acadia Parish Sheriffs Office, at 1037 Capital Avenue,
Crowley, Louisiana; and

6.
The right of jury trial is herein requested under the Federal Rules of Civil Procedure.
COMMON FACTS ALLEDGED IN SUPPORT OF LIABILITY
ALL CAUSES OF ACTION
7.
At all times pertinent, the complainants, SHELBY TRAHAN, individually and on behalf
of his deceased father, ADAM JAMES TRAHAN, affirms and attests that:
8.
On April 6, 2013, Adam James Trahan, was inside his private residence located at 6144
Leger Road; Crowley, Louisiana.
9.
At approximatey 3:05 a.m. Acadia Parish Sheriffs Deputy Tyler Broussard was
dispatched to 6144 Leger Road; Crowley, Louisiana in reference to a possible domestic
disturbance and gunshot being fired.


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10.
At approximatey 3:09 a.m. Acadia Parish Sheriffs Deputy Tyler Broussard and Deputy
Conan Smith arrive at 6144 Leger Road; Crowley, Louisiana. Deputy Smith recalled that all
was quiet upon their arrival at the scene.
11.
Upon arrival at the residence Deputy Broussard and Deputy Smith drew their weapons
and approached the entrance doorway to the home, which was ajar. Deputy Smith observed
Tammy Bankston within the home and signaled for her to exit the home. Upon exiting, Ms.
Bankston attempted to close the door behind her but Deputy Smith prevented Ms. Bankston from
closing the door by slapping it open.
12.
Deputy Broussard indicated that Mr. Trahan stood approximately five feet from the door,
with no shirt, bare-chested, with his hands tucked under his arms. Mr. Trahan posed no threat to
arriving Deputies Broussard and Smith as they maintained their position with guns drawn at Mr.
Trahan.
13.
As Mr. Trahan stood at the doorway he untucked his hands from his arm pits and
demonstrated to Deputy Broussard and Deputy Smith that he was not holding anything in his
hands.
14.
For reasons unknown, Deputy Broussard claimed that Mr. Trahan posed a threat and may
have been concealing a firearm under his armpit, but instead of moving to a position of cover and
maintaining his weapon drawn on Mr. Trahan, as is appropriate procedure under such
circumstance, he holstered his firearm and removed his Taser.

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15.
While Deputy Broussard had his Taser aimed at Mr. Trahan, Mr. Trahan turned around
and exposed his bare back to Deputy Broussard, once more demonstrating that he was not armed
and did not pose any threat.
16.
Without cause or threat, Deputy Broussard deployed his Taser and struck Mr. Trahan in
the back momentarily stunning him, causing Mr. Trahan to stumble forward which resulted in
him leaning over the back of a sofa.
17.
Deputy Broussard alleged that after shooting the deceased with a Taser, Mr. Trahan
grabbed a shotgun from the sofa and at that time he threw his Taser down to the ground and
rushed towards Mr. Trahan placing him in a bear hug, all conduct completely contrary to all
policy, procedure, and/or protocol of the Acadia Parish Sheriffs Department.
18.
A struggle allegedly ensued between Deputy Broussard and Mr. Trahan and during that
time the shotgun was discharged allegedly striking Deputy Smith in the leg.
19.
Deputy Smith recalled getting back to his feet and observing Deputy Broussard and Mr.
Trahan on the floor lying on their backs and struggled with one another.
20.
Deputy Smith indicated that as Deputy Broussard and Mr. Trahan rose to their feet he
was able to gain control of the shotgun and attempted to throw the shotgun outside the home.


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21.
Deputy Smith indicated that he saw Mr. Trahan attempting to reach down and pick-up the
shotgun so he grabbed hold of the shotgun and pinned it to the floor.
22.
Deputy Smith indicated that during this time Mr. Trahan reached around Deputy
Broussards neck.
23.
Deputy Broussard indicated that while Mr. Trahan was holding him in a chokehold with
his right arm he was positioned to the rear of Mr. Trahan and he was able to unholster his pistol
and fire two or three rounds into the back of Mr. Trahan while holding his weapon in a position
near his hip, causing Mr. Trahan to release his grip.
24.
Deputy Broussard indicated that while Mr. Trahan lay on the floor he began to move
about and pushed up attempting to lift his body off the floor. At that point Deputy Broussard
allegedly fired several more rounds at Mr. Trahan who, once more, fell to the ground.
25.
Deputy Broussard indicated that he called for an ambulance, began to render aid to Mr.
Trahan and restrained Mr. Trahan with handcuffs for safety reasons because his arms were
slowly moving about, however, the dispatch recording indicated that an ambulance was
requested for the wounded deputy, but no mention was made until later that Mr. Trahan had been
shot and needed aid and only after the prompting of the dispatcher.
26.
Allegedly after handcuffing Mr. Trahan Deputy Broussard immediately reloaded his
Taser and re-holstered it.

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27.
Deputy Broussard allegedly picked-up the shotgun while it was lying near the opened
doorway, ejected the rounds as he stood under the car port, walked towards his police unit and
stood the empty shotgun up against his patrol unit.
28.
Deputy Broussard then indicated that he walked towards Deputy Smith to check on his
well-being and when he entered back into the residence Ms. Bankston was kneeling by Mr.
Trahans side.
29.
Once Deputy Broussard was able to get Ms. Bankston to exit the home she went straight
to Deputy Smith and began to care for his wounded leg.
30.
At one point a bystander enterred the home and requested that the handcuffs be removed
from Mr. Trahan so she could render aid, but her request was denied.
31.
Mr. Trahan remianined in agonizing pain from the time he was shot until the he died.
32.
The report of the Acadia Parish Coroner Investigator Allen Breaux indicated that Mr.
Trahan died as a result of three (3) gunshot wounds to his torso.
33.
The Coroner Investigators report indicated that one of the gunshot wounds to Mr.
Trahans torso was the result of a shot fired at medium range and entered from the left front of
Mr. Trahans chest. The remaining two gunshot wounds were the result of shots fired at medium
range and entered from Mr. Trahans back.

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34.
The Coronor Investigator did not indicate in his report any evidence which demonstrated
that a Taser was deployed to the bare back of Mr. Trahan.
35.
At all times material hereto, Sheriff Deputy Tyler Broussard, was in the course and scope
of his employment with the Acadia Parish Sheriffs Office and was acting under color of law,
while employed, controlled, and supervised by Wayne Melancon, as the duly-elected Sheriff of
the Parish of Acadia.
36.
At all times during the offenses described above, Sheriff Deputy Tyler Broussard was
engaged in a personal venture. Deputy Broussard performed the various actions described above
and let his physical presence and support and the authority of his office be known during the said
events.
37.
At all times material hereto, Sheriff Deputy Conan Smith, was in the course and scope of
his employment with the Acadia Parish Sheriffs Office and was acting under color of law, while
employed, controlled, and supervised by Wayne Melancon, as the duly-elected Sheriff of the
Parish of Acadia.
38.
At all times during the offenses described above, Sheriff Deputy Conan Smith was
engaged in a personal venture. Deputy Broussard performed the various actions described above
and let his physical presence and support and the authority of his office be known during the said
events.
39.

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As a direct and proximate result of the said incidents by the defendant, petitioner, Shelby
Trahan, individually and on behalf of his deceased father, Adam Trahan, 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;

(h) Grief;

(i) Funeral expenses incurred for the burial of Adam Trahan;

(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 Adam Trahan 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 Deputy Tyler Broussard in his personal
capacity.
(n) Punitive damages against Sheriff Deputy Conan Smith in his personal capacity.

40.
The actions of the defendant violated the following, clearly established and well-settled
federal and state constitutional rights of Adam Trahan to be:
(a) Freedom from the use of excessive and unreasonably justified force against his
person; and


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

COUNT ONE:
42 U.S.C. 1983 AGAINST INDIVIDUAL DEFENDANT

41.

Paragraphs 1 through 40 are incorporated herein by reference as though fully set forth.
42.
Plaintiff, Shelby Trahan, on behalf of his deceased father, Adam Trahan, claims damages
for the injuries set forth above under 42 U.S.C. 1983 against the defendant, Sheriff Wayne
Melancon, both in his individual capacity and in his official capacity as a Sheriff for the Parish of
Acadia, for violation of his constitutional rights under Color of Law.
43.
for the injuries set forth above under 42 U.S.C. 1983 against the defendant, Deputy Sheriff
Tyler Broussard, both in his individual capacity and in his official capacity as a Deputy Sheriff
for the Parish of Acadia, for violation of his constitutional rights under Color of Law.
44.
for the injuries set forth above under 42 U.S.C. 1983 against the defendant, Deputy Sheriff
Conan Smith, both in his individual capacity and in his official capacity as a Deputy Sheriff for
the Parish of Acadia, for violation of his constitutional rights under Color of Law.

COUNT TWO:
ASSAULT AND BATTERY AGAINST INDIVIDUAL DEFENDANT

45.


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46.
Defendant, Sheriff Deputy Tyler Broussard assaulted and battered Adam Trahan, in
violation of Louisiana state law, specifically, La. C.C. art. 2315, et seq.
47.
Defendant, Sheriff Deputy Conan Smith assaulted and battered Adam Trahan, in
violation of Louisiana state law, specifically, La. C.C. art. 2315, et seq.

As a result of the assault and battery, deceased, Adam Trahan suffered damages and died.
48.
At all times material and present, defendant Deputy Sheriff Tyler Broussard, was acting
within the course and scope of his employment with the Acadia Parish Sheriffs Office, and
therefore, Wayne Melancon as the duly-elected Sheriff of the Parish of Acadia is vicariously
liable pursuant to Louisiana state law for the assault and battery, committed by its employee,
Deputy Sheriff Tyler Broussard.
49.
At all times material and present, defendant Deputy Sheriff Conan Smith, was acting
within the course and scope of his employment with the Acadia Parish Sheriffs Office, and
therefore, Wayne Melancon as the duly-elected Sheriff of the Parish of Acadia is vicariously
liable pursuant to Louisiana state law for the assault and battery, committed by its employee,
Deputy Sheriff Conan Smith.

COUNT THREE:
WRONGFUL DEATH AGAINST THE INDIVIDUAL DEFENDANT

50.


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51.
Prior to April 6, 2013, Wayne Melancon as the duly-elected Sheriff of the Parish of
Acadia developed and maintained policies or customs exhibiting deliberate indifference to the
constitutional rights of the people of Acadia Parish, specifically regarding the use of excessive
force and/or unjustified force, and unlawful arrests and/or seizures, which caused the violation of
Adam Trahans constitutional rights.
52.
It was the policy and/or custom of Wayne Melancon as the duly-elected Sheriff of the
Parish of Acadia to inadequately and improperly investigated complaints of deputy misconduct,
and the acts of misconduct which were instead tolerated.
53.
It was the policy and/or custom of the Wayne Melancon as the duly-elected Sheriff of the
Parish of Acadia, to inadequately supervise and/or train its sheriff deputies, including the
defendant deputy thereby failing to adequately discourage further constitutional violations on the
part of its sheriff deputies.
54.
As a result of the above described policies and/or customs, sheriff deputies with the
Acadia Parish Sheriffs Office, including the defendants, Deputy Sheriff Tyler Broussard and
Deputy Sheriff Conan Smith, 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.


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55.
The above described policies and customs demonstrate a deliberate indifference on the
part of the policy makers of the Parish of Acadia to the constitutional rights of persons within the
Parish of Acadia and were the cause of the violations of plaintiffs rights alleged herein.
COUNT FOUR:
SPOILIATION OF THE EVIDENCE
56.

57.
Defendants intentional destroyed, mutilated, altered, and/or concealed of evidence
including but not limited to: AFID tags from the deployed Taser, video/audio recordings from
the deployed Taser; video/audio recordings from the dashboard camera of the units that were on
the scene; and text message records from the cellular phones ceased at the scene.

COUNT FIVE:
58.


59.

Further, plaintiff specifically alleges defendant, Wayne Melancon as the duly-elected
Sheriff of the Parish of Acadia, 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:

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(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.

60.
As a result of their unlawful and unconstitutional conduct, defendants, Wayne Melancon,
both individually and in his official capacity as the duly-elected Sheriff of the Parish of Acadia,
Deputy Sheriff Tyler Broussard, both individually, and in his official capacity as a deputy sheriff
for the Parish of Acadia; and Deputy Sheriff Conan Smith, both individually, and in his official
capacity as a deputy sheriff for the Parish of Acadia; 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.
61.
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
the death of Adam Trahan and constitute wrongful and intentional torts under Louisiana Civil
Code Articles 2315, 2316, and 2320.
62.
The defendant, Wayne Melancon as the duly-elected Sheriff of the Parish of Acadia,
acted in violation of Louisiana Civil Code Article 2315 and 2316 by negligently hiring, training,

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supervising and disciplining of the defendants, Deputy Sheriff Tyler Broussard and Deputy
Sheriff Conan Smith, regarding constitutional rights and/or the use of force.
63.
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
Adam Trahan.
WHEREFORE, plaintiff, Shelby Trahan, individually and on behalf of his deceased
father, Adam Trahan, 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
Wayne Melancon, Deputy Sheriff Tyler Broussrad and Deputy Sheriff Conan Smith 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.
Respectfully submitted:

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


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UNITED STATES DISTRICT COURT

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