Federal complaint for damages against the St. Martin Parish Sheriff's Office (Henderson, Louisiana) involving police brutality, wrongful death and civil rights violations.
Federal complaint for damages against the St. Martin Parish Sheriff's Office (Henderson, Louisiana) involving police brutality, wrongful death and civil rights violations.
Federal complaint for damages against the St. Martin Parish Sheriff's Office (Henderson, Louisiana) involving police brutality, wrongful death and civil rights violations.
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 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 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. Martin Parish; and
(2) SHERIFF DEPUTY JEDIDIAH CHAMPAGNE, both individually, and in his 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 the Parish of St. Martin.
(3) SHERIFF DEPUTY CARY JONES, both individually, and in his 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 the Parish of St. Martin.
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(4) SHERIFF DEPUTY ANDREW BONVILLIAN, both individually, and in his 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 the Parish 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 Amys Grocery, 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 Davis civil 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 Office and 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, Andrew Bonvillian, 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, Andrew Bonvillian, 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 his person; 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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Paragraphs 1 through 14 are incorporated herein by reference as though fully set forth. 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.
Paragraphs 1 through 14 are incorporated herein by reference as though fully set forth. 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 Davis constitutional 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.
Paragraphs 1 through 14 are incorporated herein by reference as though fully set forth.
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) 234-7573 Facsimile: (337) 233-3890
s/L. Clayton Burgess L. CLAYTON BURGESS, T.A. (22979) Attorney for Plaintiff