Empowering Communities to stop police violence
Through direct legal representation and community advocacy, Justice Lab: Putting Racist Policing on Trial™ aims to create a partnership among directly-impacted people, communities, private law firms, and legal clinics to challenge racially discriminatory policing practices in Louisiana.
Artwork: Brandan “B-mike” Odums. Photo credit: Jeremy Tauriac
Latest News
ACLU OF LOUISIANA RESPONDS TO DOJ INDICTMENT OF SHERIFF’S DEPUTY FOR BRUTAL BEATING OF JUSTICE LAB CLIENT
NEW ORLEANS – The ACLU of Louisiana released the following statement after the U.S. Department of Justice (DOJ) announced the indictment of former DeSoto Parish Sheriff’s Office (DPSO) deputy Javarrea Pouncy, and the related guilty plea of former deputy Demarkes Grant. Both former deputies brutally attacked Justice Lab client Jarius Brown after he was arrested for nonviolent vehicle offenses in 2019.
“With the Department of Justice’s indictment of former DPSO officer Pouncy and the concurrent guilty plea of officer Grant for the brutal beating of Jarius Brown, there remains no question that Mr. Brown’s constitutional rights were violated when he suffered a brutal beating at the hands of officer Grant while being held in DPSO detention.
“Yet, while officer Grant’s guilty plea and the indictment of officer Pouncy confirm the essential facts that Mr. Brown was the victim of violent police misconduct, Louisiana is blocking Mr. Brown from seeking justice and accountability for what happened to him in September 2019. Louisiana is one of only three states that limit victims to just one year to file a lawsuit for unconstitutional policing, regardless of the extent of injuries, recovery, or obstructive tactics employed by law enforcement to keep victims from using the legal process to fight for accountability. All victims of police brutality deserve the same amount of time in which to bring a claim against their attackers – one year is simply not enough.
“We look forward to arguing this point at the Fifth Circuit on October 4, 2023, on behalf of Jarius Brown’s right to seek justice, and countless other individuals in Louisiana, Kentucky, and Tennessee who are now being locked out of the courthouse doors.”
“The statute of limitations affects thousands of people across Louisiana, Kentucky, and Tennessee – people like Mr. Brown, whose trauma and circumstances resulting from police brutality prohibit filing a federal civil rights lawsuit within a year’s time frame. Several organizations have filed amicus briefs in this case, in support of standardizing the statute of limitations and removing it as an often insurmountable barrier for victims of police violence, including the Law Enforcement Action Project, the National Police Accountability Project, the Orleans Public Defenders, and Public Justice.”
Argument will be heard on Mr. Jarius Brown’s case on October 4, 2023 at 1:00 p.m, at the United States Court of Appeals for the Fifth Circuit.
The full DOJ announcement can be found here.
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FIFTH CIRCUIT RULES IN FAVOR OF ACLU JUSTICE LAB CLIENT, SENDING ST. TAMMANY PARISH POLICE MISCONDUCT CASE TO TRIAL
Case of Black St. Tammany Parish resident illegally searched will proceed to trial
NEW ORLEANS – In a significant victory for police accountability in Louisiana, the Fifth Circuit Court of Appeals upheld a lower court ruling in the case of ACLU of Louisiana Justice Lab client Bruce Washington, a 54-year-old Black man and St. Tammany Parish resident who was illegally frisked by St. Tammany Parish Sheriff’s Deputy Alexander Thomas during an unnecessary traffic stop. The Fifth Circuit’s ruling allows the case to proceed to trial and requires the St. Tammany Parish Sheriff’s Office to pay for Mr. Washington’s costs associated with the appeal.
“This is a huge win for Mr. Washington and all Louisianans,” said Nora Ahmed, ACLU of Louisiana legal director. “The St. Tammany Parish Sheriff’s Office should immediately cease engaging in the practice of targeting people of color for frivolous traffic violations and using them as a pretext to conduct invasive and unconstitutional searches aimed at entrapping law-abiding citizens.”
On March 13, 2021, Mr. Washington was pulled over and told by an officer that he had failed to use a turn signal, which Mr. Washington denied. The officer threatened Mr. Washington and his passenger, Gregory Lane, saying that he was going to make the traffic stop “go a different way than it has to be,” and instructed both men to step out of the vehicle. Mr. Washington and Mr. Lane were subjected to a pat-down search under coercion, verbally accosted, and then ticketed for making an improper turn and failing to use a turn signal.
“Despite what the St. Tammany Parish Sheriff’s Office has repeatedly argued, a black man driving at night and calmly asking questions of police during a traffic stop does not create reasonable suspicion that he is armed and dangerous, and therefore subject to search without his consent,” said Linklaters Senior Associate, Elizabeth Raulston. “The arguments of the St. Tammany Parish Sheriff’s Office in this case only perpetuate the racist stereotype that black men are inherently dangerous – and we’re pleased that these arguments have failed at every stage of this litigation.”
The Fifth Circuit’s decision is the latest victory for ACLU of Louisiana’s Justice Lab program, which has filed more than 50 cases throughout the state against law enforcement agencies since launching in 2020. Washington et al. v Smith et al. is brought by the ACLU and Linklaters LLP. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA’S JUSTICE LAB PROGRAM MARKS THIRD ANNIVERSARY WITH LANDMARK WIN AGAINST RACIST POLICING
NEW ORLEANS – Justice Lab, the ACLU of Louisiana’s campaign against racist policing, marked its third anniversary this summer, litigating its 55th case. Founded in June 2020 following the murder of George Floyd, Justice Lab works through litigation, advocacy, and storytelling to hold law enforcement accountable for violent misconduct that is disproportionately inflicted upon Louisianans of color.
“Americans across the political spectrum recognize that racist policing doesn’t result from a few ‘bad apples.’ It is a systemic issue that demands transformational reform,” said Nora Ahmed, legal director for the ACLU of Louisiana. “Bringing together hundreds of attorneys from across the nation dedicated to working thousands of hours pro bono, Justice Lab reimagines what civil rights litigation and storytelling against law enforcement look like. In doing so, over the past three years, we have achieved once unimaginable legal victories against police departments in Louisiana that for too long escaped judgment and scrutiny. In representing our clients and amplifying the perspectives of our storytellers, Justice Lab gives victims of racist policing a critical voice in narratives that frequently erase their humanity and paint them, not the law enforcement officers who harmed them, as perpetrators of illegal conduct.”
In its first three years, Justice Lab has provided a substantive check on police misconduct, clarifying how the vestiges of slavery and racism contribute to the dire reality that people of color face when interacting with police. Most cases focus on the traumatic impact of police encounters that fall short of maiming or killing. The program’s litigation has resulted in landmark progress toward combating both qualified and absolute immunity, virtually impenetrable doctrines that, when defeated, provide a critical step in holding law enforcement accountable for harms suffered by Louisianans. Take, for example, the case of Gregory Bledsoe, the plaintiff in Justice Lab’s 31st case and a 65-year-old Shreveport man who was wrongfully arrested, jailed, and maliciously prosecuted for a crime he did not commit.
As alleged in the complaint, Mr. Bledsoe was an independent contractor working for a property management company who was sent to repair a tenant’s window after a break-in. He cut himself during the repair. When Officers, who had previously investigated the scene and collected fingerprints, came to re-interview the tenant, they collected a newly-identified blood sample from the window where Mr. Bledsoe had cut himself. Officers used that blood sample as a basis to charge Mr. Bledsoe for the break-in.
Mr. Bledsoe was arrested, pleaded not guilty, and was released on bond. After release, Mr. Bledsoe obtained documents from the property management company demonstrating that he was authorized to be at the property to repair the broken window. In spite of this evidence, the Caddo Parish District Attorney continued a malicious prosecution of Mr. Bledsoe for more than six years. During that time, he was incarcerated for nearly two years without a trial.
In March 2023, the Honorable Elizabeth Erny Foote of the U.S. District Court for the Western District of Louisiana denied both qualified and absolute immunity defenses to malicious prosecution pled by the Shreveport Police Department officers who arrested Mr. Bledsoe and the Caddo Parish Assistant District Attorney who prosecuted him.
This notable ruling in Mr. Bledsoe’s case puts the Justice Lab initiative at 38 hard-fought legal victories: twenty qualified immunity wins, one absolute immunity success, defeating four alleged Heck or standing bars to litigation, two Monell policy wins, ten settlements, and an offer of judgment – all achieved between the final quarter of 2022 and the first half of 2023.
To date, with the help of 50 partnering law firms, 20 law school legal clinics, and hundreds of volunteers, Justice Lab has published dozens of narratives from individuals who have experienced brutality at the hands of police, authored multiple volumes on court dockets, and initiated a successful call for the Department of Justice to investigate the Louisiana State Police’s pattern and practice of racist policing – the first investigation of a state police agency in 20 years. The Justice Lab team has also published a manual for communities and organizations seeking to replicate the program in other areas across the country. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA APPLAUDS GOVERNOR EDWARDS’ VETO OF BILL RESTRICTING PUBLIC OBSERVATION OF POLICE
BATON ROUGE — The ACLU of Louisiana released the following statement applauding Governor John Bel Edwards’ veto of House Bill 85, an unconstitutional bill that would have made it a crime to be within 25 feet of law enforcement engaged in official duties when ordered by officers to stay away.
“House Bill 85 was a significant government overstep that would have interfered with people’s ability to exercise their First Amendment rights and, ultimately, their ability to hold law enforcement accountable.
People have a constitutional right to move freely and observe public officials while doing their jobs. It’s no secret that in recent years, bystander accounts and video footage have been the most powerful evidence of widespread police misconduct. Observations of law enforcement are invaluable in promoting police accountability.
In addition to chilling the free speech of citizens and journalists seeking to monitor or document interactions between police and the public, HB 85 was unconstitutionally vague in conveying when and how police could enforce the law, and how the public could avoid breaking the law.
We applaud Governor Edwards for vetoing HB 85 and protecting our First Amendment rights to observe and record police – a critical check and balance between community members and law enforcement.”
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ACLU OF LOUISIANA JUSTICE LAB CLIENTS URGE U.S. SUPREME COURT TO HEAR CHALLENGE TO POLICE ACCOUNTABILITY CASE
NEW ORLEANS – ACLU of Louisiana Justice Lab clients have requested the U.S. Supreme Court review a decision from the U.S. Court of Appeals for the Fifth Circuit, which ruled that the Louisiana State Police (LSP) should not be held liable for failing to intervene and protect peaceful protesters during a June 3, 2020 demonstration in New Orleans after the murder of George Floyd. On that day, peaceful protestors were unlawfully attacked with batons, sprayed with rubber bullets, and doused with tear gas, all while LSP troopers stood by watching.
Cleary Gottlieb Steen & Hamilton LLP filed the petition on behalf of Remingtyn Williams, Lauren Chustz, and Bilal Ali-Bey—putative class action plaintiffs who participated in the protest that was dispersed by law enforcement officers with excessive force.
“The Fifth Circuit’s decision, in this case, represents the disarray among the courts of appeals on the issue of pendent appellate jurisdiction, and the Supreme Court’s intervention is necessary to align the circuits and correct the harm caused by the decision below,” said Charity Lee, a senior associate at Cleary Gottlieb Steen & Hamilton LLP.
The petition urges the Supreme Court to resolve the split among the circuits that now results in some and not others taking up the issue of legal standing when inappropriate to do so. The petition argues that the Fifth Circuit failed to apply the proper test for determining whether it could decide the question of whether LSP could be sued in the first place. That issue was not essential to resolving the question of whether LSP was immune from suit for its conduct during the June 3, 2020, protest.
“The people entrust the courts to follow the law and for circuit courts to uphold the law when the lower court gets it right,” said Nora Ahmed, Legal Director for the ACLU of Louisiana. “When lower courts are in disagreement and disarray, the Supreme Court has the last word in protecting our rights.”
Nelson Mullins Riley & Scarborough LLP is representing the plaintiffs at the trial court, where they were initially successful in overcoming LSP’s efforts to escape accountability. The Fifth Circuit improperly reversed the lower court’s decision, ruling that LSP could not be held liable for its misconduct.
The Louisiana State Police is currently under investigation by the U.S. Department of Justice (DOJ). The DOJ indicated that they are examining allegations “of use of excessive force by LSP Troopers” and “of discriminatory policing by LSP, including on the basis of race,” and have invited community members to share testimonials of LSP misconduct to aid in the investigation. Learn more about the investigation and how to submit a complaint against LSP by visiting laaclu.org/doj-investigation.
Williams et al. v Davis is the 51st lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. This filing comes on the heels of six settlements and an offer of judgment, all announced within the first quarter of this year. Justice Lab has filed over 50 cases and appeals against Louisiana law enforcement agencies since launching in 2020. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA SECURES OFFER OF JUDGMENT IN UNREASONABLE SEIZURE AND WRONGFUL ARREST CASE
BASTROP – The ACLU of Louisiana, alongside Covington & Burling LLP, secured an offer of judgment in a civil rights lawsuit against the Morehouse Parish Sheriff’s Office (MPSO). The lawsuit was filed on behalf of Ms. Tamekia Olive, a Black woman who was threatened, unreasonably seized, and wrongfully arrested.
The United States District Court for the Western District of Louisiana entered a judgment in favor of Ms. Olive and against MPSO Sheriff Michael Tubbs and Investigator Alvin Holmes. The judgment, the first to date in the Justice Lab program’s three-year history, includes a money judgment and attorney’s fees.
“Initiating offers of judgment just after the filing of a legal complaint is a step toward repairing relationships between community members and the police officers sworn to serve and protect them. The Morehouse Sheriff’s Office did right by Ms. Olive in presenting this resolution. We hope that other police departments see the wisdom in taking their lead,” said Nora Ahmed, ACLU of Louisiana Legal Director. “This significant victory for our client signals an awareness by law enforcement that retaliating against black people for reporting police misconduct must not be tolerated.”
As alleged in the complaint, Ms. Olive went to file a complaint with MPSO the day after she was verbally threatened by an officer at her home. The Chief Deputy refused to allow her to do so without giving her name and threatened to arrest her if she did not leave the building. Ms. Olive, exercising her First Amendment right to film police in public spaces, recorded this interaction on her cell phone. After she exited the building, an investigator followed and illegally ordered Ms. Olive to identify herself, insisting she was required to do so regardless of whether he had probable cause or reasonable suspicion that she had committed a crime. When Ms. Olive declined to identify herself, which was within her legal rights, the officer wrongfully arrested her for ‘resisting by refusing to identify’ and, while handcuffing her, confiscated the cell phone she was recording on.
“Ms. Olive’s wrongful arrest was unfair, unconstitutional, and deeply harmful to her and her family. We are delighted to have helped her hold the MPSO accountable in partnership with the ACLU,” said Michael Scheininger of Covington & Burling LLP.
The lawsuit asserted violations of Ms. Olive’s constitutional rights under the First, Fourth, and Fourteenth Amendments and in violation of Louisiana’s common-law prohibition against false arrest. This suit further alleged that Sheriff Mike Tubbs, in his official capacity, created a custom of unlawfully arresting individuals who refused to identify and that the MPSO failed to supervise and train officers adequately.
Five months after the complaint was filed in federal court and before any substantive motions were filed, the defendants extended an offer allowing judgment to be made against them.
Olive v. Tubbs et al. was the 40th lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. This victory comes on the heels of four settlements, all announced within the last three months. Justice Lab has filed 50 cases across Louisiana against law enforcement agencies since launching in 2020. For more information, visit aclujusticelab.org.
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SETTLEMENT REACHED BY ACLU AND CITY OF HAMMOND IN CIVIL RIGHTS SUIT OVER ALLEGED POLICE MISCONDUCT
NEW ORLEANS – The ACLU of Louisiana and Holwell Shuster & Goldberg LLP – on behalf of their client Mr. Timothy Watkins – and the City of Hammond, Louisiana, today reached a settlement in a federal civil rights lawsuit brought by Tangipahoa Parish resident Timothy Watkins against the City and several Hammond police officers.
The case, Watkins v. Fox, et al., alleged that the City and the officers violated Mr. Watkins’s civil rights by, among other things, using excessive force and disregarding his pre-existing injuries when he was arrested and handcuffed on charges that were later dropped. The complaint alleged failures by the City in training and supervision. The defendants have denied wrongdoing, and by agreeing to the settlement, do not admit liability or wrongdoing.
“Today’s settlement resolves the pending claims asserted by Mr. Watkins,” said ACLU of Louisiana Justice Lab Staff Attorney Bridget Wheeler. “We’re hopeful that every law enforcement officer in Louisiana will view this lawsuit as a sign that civilian complaints about police violence must be taken seriously. We are pleased to take a small but significant step in that direction.”
“We’re pleased to have obtained a positive result for Mr. Watkins in this lawsuit to uphold his civil rights,” said Matthew Gurgel of Holwell Shuster & Goldberg. “We share the ACLU’s goals of deterring the unreasonable use of force by police and ensuring that citizen complaints are heard, and are honored to have played a part in this important effort.”
“The city was fully prepared to defend its actions and the actions of the officers which we believe were reasonable under the circumstances; however, after a mediation with the federal magistrate judge and consultation with the city’s insurers, we are pleased to resolve this claim in an amicable manner and without further expense to the city,” said Hammond City Attorney Andre Coudrain.
Watkins v. Fox, et al. was filed as part of the ACLU of Louisiana’s Justice Lab initiative, an intensive litigation, advocacy, and organizing effort through which the organization is litigating 50 cases and appeals against police across Louisiana.
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ACLU OF LOUISIANA ACHIEVES ANOTHER MILESTONE VICTORY, OVERCOMING QUALIFIED IMMUNITY IN WRONGFUL DEATH SUIT
HOUMA – The ACLU of Louisiana has defeated qualified immunity for the fourth time. This time, against the Louisiana State Police (LSP), overcoming the enormous legal challenge in a lawsuit that also names the Houma Police Department and the Terrebonne Police Department. The suit concerns the unjust seizure and wrongful death of Mr. Miguel Nevarez, a 36-year-old Afro-Latino man who officers fatally shot 17 times, and the subsequent failure to produce public records in connection with his death.
On January 24, 2023, the Honorable Sarah S. Vance of the U.S. District Court of the Eastern District of Louisiana denied a Motion to Dismiss brought by Louisiana State Police Officer-Defendants Anthony Dorris and Justin Leonard in the civil rights lawsuit filed by the ACLU and Akerman LLP on behalf of the surviving wife and children of Mr. Nevarez.
“Mr. Nevarez tragically lost his life following a disproportionate response by ill-trained, ill-supervised officers – an egregious incident representative of the oppressive policing practices against people of color that persist unchecked in this state,” said Nora Ahmed, ACLU of Louisiana legal director. “Having destroyed Mr. Nevarez’s family, leaving behind his wife and kids in the aftermath of his slaying, the Louisiana State Police had the audacity to go even further. They unlawfully obtained warrants and subsequently searched the car Mr. Nevarez was in during the incident, his family home, and his wife’s cell phone, which was unlawfully seized on the night her husband was killed. This was preposterous because the target of the warrants was no longer alive. Luckily, Judge Vance saw the situation exactly for what it was and held that the searches conducted were unconstitutional.”
In a 25-page decision, the Court concluded that LSP officers did not have probable cause in securing search warrants because Mr. Nevarez was deceased. Accordingly, they were not entitled to qualified immunity. In commenting that the LSP officers created a false narrative of criminality against Mr. Nevarez, the Court wrote, “A reasonable officer would understand that there is no probable cause to support a search warrant where, as here, the police were investigating their own use of force rather than pursuing an active criminal investigation.”
This ruling comes on the heels of three other successful Justice Lab challenges to the judge-made doctrine of qualified immunity in Perkins v. Hart et al., Washington et al. v. Smith et al., and Sampy v. Rabb et al., as well as three settlements in Kennedy v. Jackson et al., Celestine v. Bissell et al., and Jackson v. Snow et al.
As alleged in the complaint, on October 13, 2020, officers approached Mr. Nevarez, claiming to be investigating a 911 call, as he sat inside his car parked in his driveway. The officers asked Mr. Nevarez to exit his vehicle. When he declined, they unnecessarily escalated the situation, surrounding Mr. Nevarez’s home with police units, cordoning off his street, and blocking his car in the driveway with an armored truck. Officers held Mr. Nevarez at gunpoint for nearly two hours. They claim Mr. Nevarez then exited his car with a gun in hand, although they never saw any such gun before this point, and additionally claim that he allegedly attempted to flee. They subsequently shot Mr. Nevarez 17 times – 7 in his back. No one on the scene rendered aid, even though Mr. Nevarez was still breathing after they fired on him. Sixty-six officers and a BearCat were present at the scene during Mr. Nevarez’s death.
LSP’s unlawful searches of Mr. Nevarez’s car, home, and Mrs. Nevarez’s phone following the fatal encounter shed light on the unconstitutional policing practices for which they are currently under investigation by the Department of Justice. LSP, the agency responsible for investigating officer-involved incidents in Louisiana, alleged it investigated the incident and found none of the officers involved committed any wrongdoing.
In pursuit of objective evidence about Mr. Nevarez’s death, including the body-worn camera footage showing his final moments, the family submitted public records requests to the records custodians of Terrebonne Parish and LSP. Those requests went largely unanswered amid various excuses, including that LSP’s investigation was ongoing. But this did not add up because Terrebonne Parish had previously produced documents showing that LSP’s investigation had closed months earlier.
Nevarez v. Coleman et al. is the 24th lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. The program has filed 50 lawsuits against law enforcement agencies across Louisiana since launching in 2020. For more information, visit aclujusticelab.org.
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ACLU AND LINKLATERS LAW FIRM OVERCOME NEARLY IMPOSSIBLE LEGAL HURDLE, DEFEATING QUALIFIED IMMUNITY AFTER OFFICER RACIALLY PROFILES BLACK MAN, FORCES HIM TO SUBMIT TO UNCONSTITUTIONAL SEARCH
“For decades, qualified immunity – which functions as near absolute immunity – has shielded police officers and other government employees from being held responsible for all sorts of malfeasance,” said Nora Ahmed, ACLU of Louisiana legal director. “As we approach the third anniversary of the killing of George Floyd and the launch of our Justice Lab program, ending this obscure, judge-made legal doctrine with no basis in statutory law is critical. We achieved a major victory for our client in defeating qualified immunity here, but the battle is far from over. Rather than do the right thing and come to the table in earnest, the St. Tammany Parish Sheriff’s Office is seeking to overturn this ruling at the United States Court of Appeals for the Fifth Circuit.”
This ruling comes on the heels of another successful Justice Lab challenge to the qualified immunity doctrine brought against the St. Tammany Parish Sheriff’s Office in Perkins v. Hart et. al. In denying the bulk of the officers’ motion for summary judgment, the District Court there, the Honorable Wendy B. Vitter, held that the deputies were not entitled to qualified immunity on the excessive force and First Amendment claims brought by Ms. Teliah Perkins, given the significant evidence showing violations of multiple constitutional rights. On March 5, 2020, officers violently seized Ms. Perkins, a Black woman, and mother, forcing her face into the pavement and digging their knees into her back and legs. Ms. Perkins’ son, a minor, helplessly recorded the brutal arrest. Unfortunately, the St. Tammany Parish Sheriff’s Office also refuses to accept responsibility for its misconduct in this case, choosing instead to ask the Fifth Circuit to overturn that ruling as well.
Mr. Washington’s lawsuit, like Ms. Perkins’, similarly arises out of a racially motivated traffic stop that resulted in his unlawful search and harassment, indicative of the well-documented and pervasive culture of racial prejudice and discrimination within the St. Tammany Police Department against Black community members.
On the night of March 13, 2021, St. Tammany Sheriff deputies followed, stopped, and interrogated Mr. Washington and Mr. Lane, both Black men, and subjected both men to pat-down searches. After Mr. Washington said he knew his rights under the law, Deputy Alexander Thomas threatened that Mr. Washington was going to make the traffic stop “go a different way than it has to be.” After 20 minutes of harassment, a deputy issued an unsubstantiated traffic citation to Mr. Washington, which was later dropped by a prosecutor. Mr. Washington and Mr. Lane attempted to file a misconduct complaint against the deputies, only to be repeatedly turned away. In response to Mr. Washington’s concerns, one STPSO employee grumbled, “that’s what’s wrong with y’all people, you want to complain every time something doesn’t go your way,” in an apparent reference to Black Americans, and then stated that he would never write up one of his deputies.
In denying STPSO’s Motion for Summary Judgment, the Court concluded that Deputy Thomas was not entitled to qualified immunity on the issue of the unlawful search given the significant issues surrounding (1) whether Mr. Washington had consented to Deputy Thomas’s search, (2) whether any consent could really be valid immediately following the deputy’s threat of arrest or force, and (3) whether the deputy had reasonable suspicion to search Mr. Washington in the first place. In particular, the Court found that Deputy Thomas was not entitled to qualified immunity because the facts could lead a jury to find that it was not “objectively reasonable for Thomas to believe that he had Washington’s consent for the frisk,” and therefore that he had violated Mr. Washington’s constitutional rights.
“Although we still have a long way to go toward addressing unconstitutional stop-and-searches by law enforcement of Black people in Louisiana, we are satisfied that the Court’s summary judgment decision, in this case, is a step in the right direction,” said Linklaters Senior Associate Elizabeth Raulston. “In denying qualified immunity to Deputy Thomas, the Court has confirmed that clearly established Fourth Amendment law prohibits law enforcement from searching people, like Mr. Washington, where officers have neither reasonable suspicion nor the person’s consent.”
The St. Tammany Parish Sheriff’s Office’s culture of racism against the Black community is well documented. In 2010, then-Sheriff Rodney “Jack” Strain ranted to a local news reporter on camera, “If you’re gonna walk the streets of St. Tammany Parish with dreadlocks and chee wee hairstyles, then you can expect to be getting a visit from a sheriff’s deputy.” Years later, several high-ranking detectives were exposed for exchanging racist and offensive emails, including referring to Black individuals as “monkey[s]” and “animals.” This behavior permeates from the top-down in state-wide policing and has resulted in shockingly disparate treatment of Black individuals by law enforcement such that in Louisiana, Black people constitute 33% of state residents, but 67% of people in prison and 52% of people in jail.
Washington et al. v. Smith et al. was the 34th lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. The program has filed 50 cases across Louisiana against law enforcement agencies since first launching in 2020. For more information, visitaclujusticelab.org.
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ACLU OF LOUISIANA RESPONDS TO DOJ INDICTMENT OF SHERIFF’S DEPUTY FOR BRUTAL BEATING OF JUSTICE LAB CLIENT
NEW ORLEANS – The ACLU of Louisiana released the following statement after the U.S. Department of Justice (DOJ) announced the indictment of former DeSoto Parish Sheriff’s Office (DPSO) deputy Javarrea Pouncy, and the related guilty plea of former deputy Demarkes Grant. Both former deputies brutally attacked Justice Lab client Jarius Brown after he was arrested for nonviolent vehicle offenses in 2019.
“With the Department of Justice’s indictment of former DPSO officer Pouncy and the concurrent guilty plea of officer Grant for the brutal beating of Jarius Brown, there remains no question that Mr. Brown’s constitutional rights were violated when he suffered a brutal beating at the hands of officer Grant while being held in DPSO detention.
“Yet, while officer Grant’s guilty plea and the indictment of officer Pouncy confirm the essential facts that Mr. Brown was the victim of violent police misconduct, Louisiana is blocking Mr. Brown from seeking justice and accountability for what happened to him in September 2019. Louisiana is one of only three states that limit victims to just one year to file a lawsuit for unconstitutional policing, regardless of the extent of injuries, recovery, or obstructive tactics employed by law enforcement to keep victims from using the legal process to fight for accountability. All victims of police brutality deserve the same amount of time in which to bring a claim against their attackers – one year is simply not enough.
“We look forward to arguing this point at the Fifth Circuit on October 4, 2023, on behalf of Jarius Brown’s right to seek justice, and countless other individuals in Louisiana, Kentucky, and Tennessee who are now being locked out of the courthouse doors.”
“The statute of limitations affects thousands of people across Louisiana, Kentucky, and Tennessee – people like Mr. Brown, whose trauma and circumstances resulting from police brutality prohibit filing a federal civil rights lawsuit within a year’s time frame. Several organizations have filed amicus briefs in this case, in support of standardizing the statute of limitations and removing it as an often insurmountable barrier for victims of police violence, including the Law Enforcement Action Project, the National Police Accountability Project, the Orleans Public Defenders, and Public Justice.”
Argument will be heard on Mr. Jarius Brown’s case on October 4, 2023 at 1:00 p.m, at the United States Court of Appeals for the Fifth Circuit.
The full DOJ announcement can be found here.
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FIFTH CIRCUIT RULES IN FAVOR OF ACLU JUSTICE LAB CLIENT, SENDING ST. TAMMANY PARISH POLICE MISCONDUCT CASE TO TRIAL
Case of Black St. Tammany Parish resident illegally searched will proceed to trial
NEW ORLEANS – In a significant victory for police accountability in Louisiana, the Fifth Circuit Court of Appeals upheld a lower court ruling in the case of ACLU of Louisiana Justice Lab client Bruce Washington, a 54-year-old Black man and St. Tammany Parish resident who was illegally frisked by St. Tammany Parish Sheriff’s Deputy Alexander Thomas during an unnecessary traffic stop. The Fifth Circuit’s ruling allows the case to proceed to trial and requires the St. Tammany Parish Sheriff’s Office to pay for Mr. Washington’s costs associated with the appeal.
“This is a huge win for Mr. Washington and all Louisianans,” said Nora Ahmed, ACLU of Louisiana legal director. “The St. Tammany Parish Sheriff’s Office should immediately cease engaging in the practice of targeting people of color for frivolous traffic violations and using them as a pretext to conduct invasive and unconstitutional searches aimed at entrapping law-abiding citizens.”
On March 13, 2021, Mr. Washington was pulled over and told by an officer that he had failed to use a turn signal, which Mr. Washington denied. The officer threatened Mr. Washington and his passenger, Gregory Lane, saying that he was going to make the traffic stop “go a different way than it has to be,” and instructed both men to step out of the vehicle. Mr. Washington and Mr. Lane were subjected to a pat-down search under coercion, verbally accosted, and then ticketed for making an improper turn and failing to use a turn signal.
“Despite what the St. Tammany Parish Sheriff’s Office has repeatedly argued, a black man driving at night and calmly asking questions of police during a traffic stop does not create reasonable suspicion that he is armed and dangerous, and therefore subject to search without his consent,” said Linklaters Senior Associate, Elizabeth Raulston. “The arguments of the St. Tammany Parish Sheriff’s Office in this case only perpetuate the racist stereotype that black men are inherently dangerous – and we’re pleased that these arguments have failed at every stage of this litigation.”
The Fifth Circuit’s decision is the latest victory for ACLU of Louisiana’s Justice Lab program, which has filed more than 50 cases throughout the state against law enforcement agencies since launching in 2020. Washington et al. v Smith et al. is brought by the ACLU and Linklaters LLP. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA’S JUSTICE LAB PROGRAM MARKS THIRD ANNIVERSARY WITH LANDMARK WIN AGAINST RACIST POLICING
NEW ORLEANS – Justice Lab, the ACLU of Louisiana’s campaign against racist policing, marked its third anniversary this summer, litigating its 55th case. Founded in June 2020 following the murder of George Floyd, Justice Lab works through litigation, advocacy, and storytelling to hold law enforcement accountable for violent misconduct that is disproportionately inflicted upon Louisianans of color.
“Americans across the political spectrum recognize that racist policing doesn’t result from a few ‘bad apples.’ It is a systemic issue that demands transformational reform,” said Nora Ahmed, legal director for the ACLU of Louisiana. “Bringing together hundreds of attorneys from across the nation dedicated to working thousands of hours pro bono, Justice Lab reimagines what civil rights litigation and storytelling against law enforcement look like. In doing so, over the past three years, we have achieved once unimaginable legal victories against police departments in Louisiana that for too long escaped judgment and scrutiny. In representing our clients and amplifying the perspectives of our storytellers, Justice Lab gives victims of racist policing a critical voice in narratives that frequently erase their humanity and paint them, not the law enforcement officers who harmed them, as perpetrators of illegal conduct.”
In its first three years, Justice Lab has provided a substantive check on police misconduct, clarifying how the vestiges of slavery and racism contribute to the dire reality that people of color face when interacting with police. Most cases focus on the traumatic impact of police encounters that fall short of maiming or killing. The program’s litigation has resulted in landmark progress toward combating both qualified and absolute immunity, virtually impenetrable doctrines that, when defeated, provide a critical step in holding law enforcement accountable for harms suffered by Louisianans. Take, for example, the case of Gregory Bledsoe, the plaintiff in Justice Lab’s 31st case and a 65-year-old Shreveport man who was wrongfully arrested, jailed, and maliciously prosecuted for a crime he did not commit.
As alleged in the complaint, Mr. Bledsoe was an independent contractor working for a property management company who was sent to repair a tenant’s window after a break-in. He cut himself during the repair. When Officers, who had previously investigated the scene and collected fingerprints, came to re-interview the tenant, they collected a newly-identified blood sample from the window where Mr. Bledsoe had cut himself. Officers used that blood sample as a basis to charge Mr. Bledsoe for the break-in.
Mr. Bledsoe was arrested, pleaded not guilty, and was released on bond. After release, Mr. Bledsoe obtained documents from the property management company demonstrating that he was authorized to be at the property to repair the broken window. In spite of this evidence, the Caddo Parish District Attorney continued a malicious prosecution of Mr. Bledsoe for more than six years. During that time, he was incarcerated for nearly two years without a trial.
In March 2023, the Honorable Elizabeth Erny Foote of the U.S. District Court for the Western District of Louisiana denied both qualified and absolute immunity defenses to malicious prosecution pled by the Shreveport Police Department officers who arrested Mr. Bledsoe and the Caddo Parish Assistant District Attorney who prosecuted him.
This notable ruling in Mr. Bledsoe’s case puts the Justice Lab initiative at 38 hard-fought legal victories: twenty qualified immunity wins, one absolute immunity success, defeating four alleged Heck or standing bars to litigation, two Monell policy wins, ten settlements, and an offer of judgment – all achieved between the final quarter of 2022 and the first half of 2023.
To date, with the help of 50 partnering law firms, 20 law school legal clinics, and hundreds of volunteers, Justice Lab has published dozens of narratives from individuals who have experienced brutality at the hands of police, authored multiple volumes on court dockets, and initiated a successful call for the Department of Justice to investigate the Louisiana State Police’s pattern and practice of racist policing – the first investigation of a state police agency in 20 years. The Justice Lab team has also published a manual for communities and organizations seeking to replicate the program in other areas across the country. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA APPLAUDS GOVERNOR EDWARDS’ VETO OF BILL RESTRICTING PUBLIC OBSERVATION OF POLICE
BATON ROUGE — The ACLU of Louisiana released the following statement applauding Governor John Bel Edwards’ veto of House Bill 85, an unconstitutional bill that would have made it a crime to be within 25 feet of law enforcement engaged in official duties when ordered by officers to stay away.
“House Bill 85 was a significant government overstep that would have interfered with people’s ability to exercise their First Amendment rights and, ultimately, their ability to hold law enforcement accountable.
People have a constitutional right to move freely and observe public officials while doing their jobs. It’s no secret that in recent years, bystander accounts and video footage have been the most powerful evidence of widespread police misconduct. Observations of law enforcement are invaluable in promoting police accountability.
In addition to chilling the free speech of citizens and journalists seeking to monitor or document interactions between police and the public, HB 85 was unconstitutionally vague in conveying when and how police could enforce the law, and how the public could avoid breaking the law.
We applaud Governor Edwards for vetoing HB 85 and protecting our First Amendment rights to observe and record police – a critical check and balance between community members and law enforcement.”
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ACLU OF LOUISIANA JUSTICE LAB CLIENTS URGE U.S. SUPREME COURT TO HEAR CHALLENGE TO POLICE ACCOUNTABILITY CASE
NEW ORLEANS – ACLU of Louisiana Justice Lab clients have requested the U.S. Supreme Court review a decision from the U.S. Court of Appeals for the Fifth Circuit, which ruled that the Louisiana State Police (LSP) should not be held liable for failing to intervene and protect peaceful protesters during a June 3, 2020 demonstration in New Orleans after the murder of George Floyd. On that day, peaceful protestors were unlawfully attacked with batons, sprayed with rubber bullets, and doused with tear gas, all while LSP troopers stood by watching.
Cleary Gottlieb Steen & Hamilton LLP filed the petition on behalf of Remingtyn Williams, Lauren Chustz, and Bilal Ali-Bey—putative class action plaintiffs who participated in the protest that was dispersed by law enforcement officers with excessive force.
“The Fifth Circuit’s decision, in this case, represents the disarray among the courts of appeals on the issue of pendent appellate jurisdiction, and the Supreme Court’s intervention is necessary to align the circuits and correct the harm caused by the decision below,” said Charity Lee, a senior associate at Cleary Gottlieb Steen & Hamilton LLP.
The petition urges the Supreme Court to resolve the split among the circuits that now results in some and not others taking up the issue of legal standing when inappropriate to do so. The petition argues that the Fifth Circuit failed to apply the proper test for determining whether it could decide the question of whether LSP could be sued in the first place. That issue was not essential to resolving the question of whether LSP was immune from suit for its conduct during the June 3, 2020, protest.
“The people entrust the courts to follow the law and for circuit courts to uphold the law when the lower court gets it right,” said Nora Ahmed, Legal Director for the ACLU of Louisiana. “When lower courts are in disagreement and disarray, the Supreme Court has the last word in protecting our rights.”
Nelson Mullins Riley & Scarborough LLP is representing the plaintiffs at the trial court, where they were initially successful in overcoming LSP’s efforts to escape accountability. The Fifth Circuit improperly reversed the lower court’s decision, ruling that LSP could not be held liable for its misconduct.
The Louisiana State Police is currently under investigation by the U.S. Department of Justice (DOJ). The DOJ indicated that they are examining allegations “of use of excessive force by LSP Troopers” and “of discriminatory policing by LSP, including on the basis of race,” and have invited community members to share testimonials of LSP misconduct to aid in the investigation. Learn more about the investigation and how to submit a complaint against LSP by visiting laaclu.org/doj-investigation.
Williams et al. v Davis is the 51st lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. This filing comes on the heels of six settlements and an offer of judgment, all announced within the first quarter of this year. Justice Lab has filed over 50 cases and appeals against Louisiana law enforcement agencies since launching in 2020. For more information, visit aclujusticelab.org.
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ACLU OF LOUISIANA SECURES OFFER OF JUDGMENT IN UNREASONABLE SEIZURE AND WRONGFUL ARREST CASE
BASTROP – The ACLU of Louisiana, alongside Covington & Burling LLP, secured an offer of judgment in a civil rights lawsuit against the Morehouse Parish Sheriff’s Office (MPSO). The lawsuit was filed on behalf of Ms. Tamekia Olive, a Black woman who was threatened, unreasonably seized, and wrongfully arrested.
The United States District Court for the Western District of Louisiana entered a judgment in favor of Ms. Olive and against MPSO Sheriff Michael Tubbs and Investigator Alvin Holmes. The judgment, the first to date in the Justice Lab program’s three-year history, includes a money judgment and attorney’s fees.
“Initiating offers of judgment just after the filing of a legal complaint is a step toward repairing relationships between community members and the police officers sworn to serve and protect them. The Morehouse Sheriff’s Office did right by Ms. Olive in presenting this resolution. We hope that other police departments see the wisdom in taking their lead,” said Nora Ahmed, ACLU of Louisiana Legal Director. “This significant victory for our client signals an awareness by law enforcement that retaliating against black people for reporting police misconduct must not be tolerated.”
As alleged in the complaint, Ms. Olive went to file a complaint with MPSO the day after she was verbally threatened by an officer at her home. The Chief Deputy refused to allow her to do so without giving her name and threatened to arrest her if she did not leave the building. Ms. Olive, exercising her First Amendment right to film police in public spaces, recorded this interaction on her cell phone. After she exited the building, an investigator followed and illegally ordered Ms. Olive to identify herself, insisting she was required to do so regardless of whether he had probable cause or reasonable suspicion that she had committed a crime. When Ms. Olive declined to identify herself, which was within her legal rights, the officer wrongfully arrested her for ‘resisting by refusing to identify’ and, while handcuffing her, confiscated the cell phone she was recording on.
“Ms. Olive’s wrongful arrest was unfair, unconstitutional, and deeply harmful to her and her family. We are delighted to have helped her hold the MPSO accountable in partnership with the ACLU,” said Michael Scheininger of Covington & Burling LLP.
The lawsuit asserted violations of Ms. Olive’s constitutional rights under the First, Fourth, and Fourteenth Amendments and in violation of Louisiana’s common-law prohibition against false arrest. This suit further alleged that Sheriff Mike Tubbs, in his official capacity, created a custom of unlawfully arresting individuals who refused to identify and that the MPSO failed to supervise and train officers adequately.
Five months after the complaint was filed in federal court and before any substantive motions were filed, the defendants extended an offer allowing judgment to be made against them.
Olive v. Tubbs et al. was the 40th lawsuit filed as part of the ACLU of Louisiana’s Justice Lab campaign. This victory comes on the heels of four settlements, all announced within the last three months. Justice Lab has filed 50 cases across Louisiana against law enforcement agencies since launching in 2020. For more information, visit aclujusticelab.org.
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