Andrus v. Crowley et al
Filing
7
RULE 7(a) HEIGHTENED PLEADING REVIEW: After review, the undersigned concludes the plaintiff has supported his claims against the mayor, the chief, and the officers "with sufficient precision and factual specificity to raise a genuine issue as to the illegality of defendants' conduct at the time of the alleged acts." The undersigned concludes that they have. Accordingly, the undersigned concludes there is no need for an order banning or limiting discovery with regard to the plaintiff's claims against the defendants. Signed by Magistrate Judge Patrick J Hanna on 1/5/2016. (crt,Putch, A)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JARAI R. ANDRUS
CIVIL ACTION NO. 6:15-CV-02569
VERSUS
JUDGE DOHERTY
CITY OF CROWLEY, ET AL.
MAGISTRATE JUDGE HANNA
RULE 7(a) HEIGHTENED PLEADING REVIEW
In this § 1983 civil rights lawsuit, the plaintiff sued the City of Crowley,
Crowley mayor Greg Jones; Crowley Police Chief K.P. Gibson, and Crowley Police
Officers David Melancon, Chris Roberts, and Dwayne Shexnider. The mayor, the
chief, and the police officers were sued in their individual and official capacities. An
answer was filed on behalf of the defendants. In the answer, the defendants pleaded
qualified immunity. The undersigned has therefore conducted an evaluation of the
plaintiff’s complaint to determine whether it meets the applicable heightened pleading
requirement.1
After review, the undersigned concludes that the plaintiff has supported his
claims against the mayor, the chief, and the officers “with sufficient precision and
1
See Schultea v. Wood, 47 F.3d 1427, 1433-34 (5th Cir. 1995); Baker v. Putnal, 75 F.3d
190, 195 (5th Cir. 1996).
factual specificity to raise a genuine issue as to the illegality of defendants’ conduct
at the time of the alleged acts.”2
In the complaint, the plaintiff alleged that, on November 4, 2014, he was
driving a vehicle in Crowley, Louisiana. He allegedly had five passengers, including
a four-year-old child in the vehicle with him. Officer Schexnider allegedly decided
to pull the plaintiff over because his license plate light was not illuminated. But the
plaintiff claims that he did not understand that Officer Schexnider was trying to stop
his vehicle, so he proceeded for approximately three blocks, with Officer Schexnider
in pursuit. Officer Melancon, who was making an unrelated traffic stop, allegedly
observed the pursuit and parked his vehicle at the intersection of Sevenths Street and
Spann Avenue so as to partially block the plaintiff’s path. The plaintiff alleged that
videotape of the incident shows Officer Melancon firing into the plaintiff’s vehicle
as it approached the intersection. Bullets struck the plaintiff in the arm and in the
head. Briefly unconscious, the plaintiff allegedly drove his vehicle into a ditch. The
plaintiff alleged that Officer Melancon then removed the plaintiff from the vehicle
and handcuffed him before he was removed from scene by ambulance. Chief Gibson
arrived on the scene and allegedly attempted to alter the outcome of the Louisiana
State Police’s investigation into the officer-involved shooting. The plaintiff further
2
Schultea v. Wood, 47 F.3d at 1434.
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alleged that a timing inconsistency regarding Officer Melancon’s body camera
evidences an attempt to destroy evidence. The plaintiff also alleged that Officer
Roberts turned off the video recording equipment in another officer’s vehicle in an
attempt to destroy or tamper with the evidence at the scene.
The plaintiff alleged that the defendants violated his rights under Fourth and
Fourteenth Amendment to the United States Constitution to be free from
unreasonable search and seizure, racial discrimination, and excessive force. More
specifically, the plaintiff also alleged in his complaint that the chief and the mayor
implemented an unconstitutional policy that led to the plaintiff’s constitutional injury
by precluding the Crowley City Council from hiring, firing, and disciplining police
officers and by acting with deliberate indifference in hiring and firing officers on the
police force. The plaintiff further alleged that the chief was aware of Officer
Melancon’s aggressive behavior and propensity for the improper use of force and is
liable for failing to properly hire, train, and supervise him. Further, the plaintiff
alleged that the chief instituted a policy of targeting young black males in West
Crowley due to unrelated shootings.
Although the court may later determine the facts in favor of the defendants, the
sole issue presented here is whether the plaintiffs have satisfied the heightened
pleading requirement of Shultea v. Wood. The undersigned concludes that they have.
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Accordingly, the undersigned concludes that there is no need for an order banning or
limiting discovery with regard to the plaintiff’s claims against the defendants.
Signed at Lafayette, Louisiana on this 5th day of January 2016.
____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE
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