U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:17−cv−00439−JWD−EWD

Imani et al v. City of Baton Rouge et al Assigned to: Judge John W. deGravelles Referred to: Magistrate Judge Erin Wilder−Doomes Related Cases: 3:16−cv−00520−JWD−EWD
3:17−cv−00179−JWD−EWD 3:17−cv−00324−JWD−EWD 3:17−cv−00436−JWD−EWD 3:17−cv−00438−JWD−EWD 3:17−cv−00328−EWD 3:17−cv−00443−JWD−EWD Cause: 42:1983 Civil Rights Act Plaintiff

Date Filed: 07/09/2017 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Blair Imani

represented by John Nelson Adcock Law Offices of John N. Adcock 3110 Canal Street LA New Orleans, LA 70119 225−284−6327 Fax: 504−308−1266 Email: JNADCOCK@GMAIL.COM LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Joseph Lanser Law Office of William Most 201 St. Charles Ave. Ste. 114 #101 New Orleans, LA 70107 504−533−4521 Email: david.lanser@gmail.com ATTORNEY TO BE NOTICED

Jack Rutherford Rutherford Law 1700 S. Rampart St. New Orleans, LA 70113 4157945639 Fax: 5044072131 Email: jmr@rfordlaw.com ATTORNEY TO BE NOTICED

William Brock Most Law Office of William Most 201 St. Charles Ave Suite 114 #101 New Orleans, LA 70170 (650) 465−5023 Email: williammost@gmail.com ATTORNEY TO BE NOTICED

Plaintiff Akeem Muhammad

represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Raae Pollard
Plaintiff Samantha Nichols
Plaintiff Tammy Cheney TERMINATED: 11/07/2019

David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most

Plaintiff Alexus Cheney
Plaintiff Victor Onuoha
Plaintiff Karen Savage
Plaintiff Cherri Foytlin

(See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Alisha Feldman
Plaintiff Antonio Castanon Luna
Plaintiff Nadia Salazar Sandi

David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Daniel Liebeskind Dr.
Plaintiff Finn Phoenix
Plaintiff Leah Fishbein
V. Defendant City of Baton Rouge

William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by John Nelson Adcock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Joseph Lanser (See above for address) ATTORNEY TO BE NOTICED
Jack Rutherford (See above for address) ATTORNEY TO BE NOTICED
William Brock Most (See above for address) ATTORNEY TO BE NOTICED
represented by

Defendant Parish of East Baton Rouge
Defendant Melvin Lee Holden Individually and as former Mayor−President of City/Parish also known as Kip
Defendant

Deelee S Morris Office of the Parish Attorney P.O. Box 1471 Baton Rouge, LA 70821 225−389−3809 Email: dsmorris@brla.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford McGlinchey Stafford, PLLC 301 Main Street Suite 1400 Baton Rouge, LA 70801 225−382−3663 Fax: 225−612−6732 Email: cford@mcglinchey.com ATTORNEY TO BE NOTICED
James L. Hilburn Office of Louisiana Attorney General Jeff Landry 1885 North Third Street Baton Rouge, LA 70802 225−326−6300 Fax: 225−326−6490 Email: hilburnj@ag.louisiana.gov TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED

East Baton Rouge Sheriff's Department TERMINATED: 07/24/2017 Defendant Sid J. Gautreaux, III Individually and Official Capacity as Sheriff of East Baton Rouge Parish
Defendant Carl Dabadie, Jr. Individually

represented by Mary G. Erlingson Erlingson Banks, PLLC 301 Main Street Suite 2110 Baton Rouge, LA 70801 225−218−4446 Fax: 225−246−2876 Email: merlingson@erlingsonbanks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine S. St. Pierre Erlingson Banks 301 Mainstreet, Ste. 2110 Baton Rouge Baton Rouge, LA 70801 225−218−4446 Fax: 225−246−2876 Email: cstpierre@erlingsonbanks.com ATTORNEY TO BE NOTICED
Craig Edmond Frosch Usry, Weeks & Matthews − NO 1615 Poydras Street Suite 1250 New Orleans, LA 70112 504−592−4600 Fax: 504−592−4641 Email: cfrosch@usryweeks.com ATTORNEY TO BE NOTICED
Rachel Marie Abadie Erlingson Banks, PLLC 301 Main Street Suite 2110 Baton Rouge, LA 70801 225−218−4446 Email: rabadie@erlingsonbanks.com ATTORNEY TO BE NOTICED
Tara Lynn Johnston Erlingson Banks, PLLC 301 Main Street Suite 2110 Baton Rouge, LA 70801 225−218−4446 Fax: 225−246−2876 Email: tjohnston@erlingsonbanks.com ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019

Defendant Louisiana State Police
Defendant Michael Edmonson

ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Celeste Brustowicz Burglass & Tankersley 5213 Airline Drive Metairie, LA 70001 504−836−2220 Fax: 504−836−2221 Email: cbrustowicz@clfnola.com TERMINATED: 05/01/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis J. Phayer Burglass & Tankersley, L.L.C. 5213 Airline Drive Metairie, LA 70001−5602 504−836−2220 Fax: 504−836−2221 Email: dphayer@burglass.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe Burglass & Tankersley 5213 Airline Drive New Orleans, LA 70001 504−836−0413 Email: alamothe@burglass.com ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham MG&M Law Firm 365 Canal Street Suite 3000 New Orleans, LA 70130 504−535−2880 Fax: 504−535−2886 Email: ecunningham@mgmlaw.com TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham

Defendant Kevin Reeves
Defendant Mike Cazes TERMINATED: 10/13/2017
Defendant Louisiana Sheriffs' Association TERMINATED: 10/13/2017

(See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Lloyd Frederick Schroeder Usry & Weeks 1615 Poydras Street Suite 1250 New Orleans, LA 70112 504−592−4600 Fax: 504−592−4641 Email: fschroeder@usryweeks.com TERMINATED: 10/22/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Craig Edmond Frosch (See above for address) ATTORNEY TO BE NOTICED
Thomas Allen Usry Usry, Weeks & Matthews − NO 1615 Poydras Street Suite 1250 New Orleans, LA 70112 504−592−4600 Fax: 504−592−4641 Email: ausry@usryweeks.com ATTORNEY TO BE NOTICED
represented by Lloyd Frederick Schroeder (See above for address) TERMINATED: 10/22/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Craig Edmond Frosch (See above for address) ATTORNEY TO BE NOTICED

Defendant Unknown Lapeyrouse Officer
Defendant Unknown Walker Officer, P10177 TERMINATED: 01/02/2018
Defendant J.E. Alceo Officer TERMINATED: 01/02/2018
Defendant R. Simeneaux Officer TERMINATED: 01/02/2018
Defendant Nathan Alexander Officer TERMINATED: 01/02/2018
Defendant Unknown Thomas Officer TERMINATED: 01/02/2018
Defendant Unknown Derouchewalt Sgt, 7021 TERMINATED: 01/02/2018
Defendant Curtis Wan Officer, P1057 TERMINATED: 01/02/2018
Defendant T. Giroir Officer, P10410 TERMINATED: 01/02/2018
Defendant A. Bell Officer, P10508 TERMINATED: 01/02/2018
Defendant Unknown O.N. Officer, 0420 TERMINATED: 01/02/2018

Thomas Allen Usry (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) ATTORNEY TO BE NOTICED

Defendant Unknown Detective 10128 TERMINATED: 01/02/2018 Defendant Unknown Cat Officer TERMINATED: 01/02/2018 Defendant Unknown Does 1−100 Law Enforcement TERMINATED: 01/02/2018 Defendant Atlantic Specialty Insurance Co. TERMINATED: 08/28/2017 Defendant Unknown Does 1−500 Insurance Company TERMINATED: 01/02/2018 Defendant Chuck Hurst TERMINATED: 10/13/2017
Defendant AIX Group doing business as Nova Casualty Company
Defendant

represented by Lloyd Frederick Schroeder (See above for address) TERMINATED: 10/22/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Craig Edmond Frosch (See above for address) ATTORNEY TO BE NOTICED
Thomas Allen Usry (See above for address) ATTORNEY TO BE NOTICED
represented by Mary G. Erlingson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine S. St. Pierre (See above for address) ATTORNEY TO BE NOTICED
Rachel Marie Abadie (See above for address) ATTORNEY TO BE NOTICED
Tara Lynn Johnston (See above for address) ATTORNEY TO BE NOTICED
represented by

Billy Walker Officer P10177
Defendant Reab Simoneaux, Jr. Officer P10121
Defendant William Alexander Officer P10539
Defendant Derrick Williams Sgt. P7021

Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED

Defendant Curtis Wilson Officer P1057
Defendant Taylor Giroir Officer P10410
Defendant Alex Bell Officer P10508
Defendant Travis Norman Officer P10420

represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019

Defendant Willie Williams Cpl.
Defendant Darren Hunt Officer
Defendant Earl Lapeyrouse Officer
Defendant Alaina Mancuso Cpl.

ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn

Defendant Jeff Pittman Sgt.
Defendant Jason Dohm Cpl.
Defendant Kenny Brewer Lt.
Defendant Richard McCloskey Cpl.

(See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED

Defendant James Thomas Officer
Defendant Earnest Jones Officer
Defendant Kirk Glover Sgt.
Defendant Keith Wilson Cpt.

James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address)

Defendant Beau Comeaux Lt.
Defendant Herman Newell LSP Sgt.
Defendant William Seymour Tpr.

TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

Defendant Joe Dessens Sr. Tpr.
Defendant Mark Dennis Sgt.
Defendant Jonathan James Tpr.

Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020

Defendant Gerald Varnado Sgt.
Defendant Samuel Capaci Master Tpr.
Defendant Kevin Curlee Sgt.

ATTORNEY TO BE NOTICED
represented by Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED

Defendant Kevin Cannatella Sgt.
Defendant John Clary Sgt.
Defendant Insurance Company Does 1−100 Defendant Law Enforcement Does 1−500 Defendant Officer Does 1−500 Defendant Jonny Dunnam Int. Chief

represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Dennis J. Phayer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexandra Marie Lamothe (See above for address) ATTORNEY TO BE NOTICED
Celeste Brustowicz (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
Erika Mullenbach Cunningham (See above for address) TERMINATED: 02/26/2020 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn

Defendant Jonathan Abadie Officer P10439
Defendant Unknown Thomas Officer Defendant Michael Dowden Sgt. Defendant Brandon McCall
Defendant Calvin Prater
Defendant Harry Howard
Defendant James Jamison
Defendant

(See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Candace B. Ford (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
James L. Hilburn (See above for address) TERMINATED: 08/29/2019 ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre Erlingson Banks LA 301 Mainstreet, Ste. 2110 Baton Rouge Baton Rouge, LA 70801 225−218−4446 Fax: 225−246−2876 Email: cstpierre@erlingsonbanks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Jones
Defendant Justin Walker
Defendant Marshall Menou
Defendant Troy Banks
Defendant Alan Hamilton
Defendant Brandon Blust
Defendant Christopher Bryan Taylor
Defendant David Wallace
Defendant James Crockett
Defendant Mike Walker

represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Catherine S. St. Pierre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Myron Daniels
Defendant Randall Wiedeman
Interested Party James W Craig

represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deelee S Morris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James William Craig Roderick & Solange MacArthur Justice Center 4400 S Carrollton Avenue New Orleans, LA 70119 (504) 620−2259 Email: jim.craig@macarthurjustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/09/2017
07/10/2017 07/11/2017 07/12/2017
07/13/2017 07/18/2017
07/18/2017

# Docket Text
1 COMPLAINT against All Plaintiffs ( Filing fee $ 400 receipt number 053N−1606891.), filed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Most, William) (Entered: 07/10/2017)
2 MOTION for Leave of Court to Conduct Limited Expedited Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Draft Order, # 3 Exhibit A, # 4 Exhibit B)(Most, William) Modified on 7/11/2017 to edit text. (EDC). (Entered: 07/10/2017)
MOTION(S) REFERRED: 2 MOTION for Discovery (Limited, Expedited). This motion is now pending before the USMJ. (EDC) (Entered: 07/11/2017)
3 NOTICE of Related Cases by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage (Most, William) Modified on 7/13/2017 to edit text. (EDC). (Entered: 07/12/2017)
Case Reassigned to Judge James J. Brady. Judge Shelly D. Dick no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW) (Entered: 07/13/2017)
4 ORDER: The Court having determined that the above captioned matter presents common questions of law and fact with 16−cv−520−JWD−EWD, DeRay McKesson, et al v. City of Baton Rouge, et al. The matter of Blair Imani, et al v. City of Baton Rouge, et al., 17−cv−439−JJB−RLB, is hereby TRANSFERRED to Judge John W.deGravelles and Magistrate Judge Erin Wilder−Doomes. Signed by Judge John W. deGravelles and Judge James J. Brady on 7/18/2017. (EDC) (Entered: 07/18/2017)
Case Reassigned to Judge John W. deGravelles and Magistrate Judge Erin Wilder−Doomes. Judge James J. Brady, Magistrate Judge Richard L. Bourgeois, Jr. no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) (Entered: 07/18/2017)

07/21/2017
07/25/2017 07/26/2017 07/27/2017 08/01/2017 08/01/2017
08/22/2017
08/22/2017 08/25/2017
08/28/2017 08/31/2017 09/02/2017

5 AMENDED COMPLAINT (First) against All Defendants, filed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Most, William) (Entered: 07/21/2017)
6 RULING denying 2 MOTION for Leave of Court to Conduct Limited Expedited Discovery. Signed by Magistrate Judge Erin Wilder−Doomes on 7/25/2017. (LLH) (Entered: 07/25/2017)
7 Summons Submitted (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Most, William) (Entered: 07/26/2017)
8 Summons Issued as to Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association, Louisiana State Police, Kevin Reeves. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) Attorney will re submit summons for Michael Edmondson. (LLH) (Entered: 07/27/2017)
9 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. AIX Group waiver sent on 7/21/2017, Aix answer due 9/19/2017. (Adcock, John) (Entered: 08/01/2017)
10 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Sid J. Gautreaux, III waiver sent on 7/21/2017, Sid Gautreaux III answer due 9/19/2017. (Adcock, John) (Entered: 08/01/2017)
11 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Louisiana Sheriffs' Association waiver sent on 7/13/2017, answer due 9/11/2017. (Adcock, John) (Entered: 08/22/2017)
12 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Akeem Muhammad, Blair Imani, Finn Phoenix, Alisha Feldman, Antonio Castanon Luna, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Nadia Salazar Sandi, Leah Fishbein, Karen Savage, Samantha Nichols, Tammy Cheney. Chuck Hurst waiver sent on 7/25/2017, answer due 9/25/2017. (Adcock, John) (Entered: 08/22/2017)
13 MOTION TO DISMISS/NOTICE of Dismissal of Defendant Atlantic Specialty Insurance Company by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage (Adcock, John) Modified on 8/25/2017 to change event type and edit text (ELW). (Entered: 08/25/2017)
14 ORDER approving 13 MOTION to Dismiss Defendant Atlantic Specialty Insurance Company only pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Signed by Judge John W. deGravelles on 08/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 08/28/2017)
15 ANSWER to 1 Original and First Amended 5 Amended Complaint, by Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association.(Schroeder, Lloyd) Modified on 8/31/2017 to edit text (ELW). (Entered: 08/31/2017)
16 MOTION for Leave of Court to Conduct Limited Expedited Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Draft Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Most, William) Modified to edit the text on 9/5/2017 (KAH). (Attachment 6 replaced on 9/5/2017) (KAH). (Entered: 09/02/2017)

09/05/2017 09/05/2017 09/05/2017 09/06/2017 09/07/2017
09/11/2017
09/11/2017
09/12/2017 09/12/2017 09/13/2017 09/18/2017
09/21/2017 09/28/2017 09/28/2017 09/29/2017

MOTION(S) REFERRED: 16 MOTION for Leave of Court to Conduct Limited Expedited Discovery. This motion is now pending before the USMJ. (KAH) (Entered: 09/05/2017)
17 MOTION to Enroll T. Allen Usry as Additional Attorney by Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association. (Attachments: # 1 Attachment PROPOSED ORDER)(Schroeder, Lloyd) (Entered: 09/05/2017)
MOTION(S) REFERRED: 17 MOTION to Enroll T. Allen Usry as Additional Attorney . This motion is now pending before the USMJ. (EDC) (Entered: 09/05/2017)
18 MEMORANDUM in Opposition to 16 MOTION for Leave of Court to Conduct Limited Expedited Discovery filed by Sid J. Gautreaux, III. (Attachments: # 1 Exhibit Exhibit A)(St. Pierre, Catherine) (Entered: 09/06/2017)
19 ORDER granting 17 Motion to Enroll Co−Counsel. T. Allen Usry be and hereby is allowed to enroll as co−counsel of record for Defendants, Sid J. Gautreaux III, in his capacity as President of the Louisiana Sheriffs Association, Mike Cazes, Chuck Hurst and Louisiana Sheriffs Association. Signed by Magistrate Judge Erin Wilder−Doomes on 9/7/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified on 9/8/2017 (NLT). (Entered: 09/07/2017)
20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. by City of Baton Rouge, Carl Dabadie, Jr, Melvin Lee Holden, Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee) (Entered: 09/11/2017)
21 ORDER granting in part and denying in part 16 MOTION for Leave to Conduct Limited Expedited Discovery. Plaintiffs are granted leave to issue a limited subpoena to BRPD as stated in the attached order. Plaintiff's request to conduct expedited discovery directed to EBRSO is denied. Signed by Magistrate Judge Erin Wilder−Doomes on 9/11/17. (DCB) (Entered: 09/11/2017)
MOTION(S) REFERRED: 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P.. This motion is now pending before the USMJ. (LLH) (Entered: 09/12/2017)
22 There is no Docket # 22. Entered in error by Case Administrator. (Entered: 09/12/2017)
Motions No Longer Referred: 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P.. This motion is now pending before the USDJ. (BLR) (Entered: 09/13/2017)
23 MOTION for Leave to File Memorandum in Excess of Page Limit by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Leave, # 2 Proposed Pleading; Proposed Order re Motion for Leave, # 3 Proposed Pleading; Motion to Dismiss, # 4 Memorandum in Support Memorandum in Support of Motion to Dismiss, # 5 Proposed Pleading; Proposed Order on Motion to Dismiss)(St. Pierre, Catherine) (Entered: 09/18/2017)
24 RETURN OF SERVICE of subpoena(s) executed upon Baton Rouge Police Department on 9/20/2017 by Personal (Adcock, John) (Main Document 24 replaced on 9/21/2017) (EDC). Modified on 9/21/2017 to rotate pages. (EDC). (Entered: 09/21/2017)
25 ORDER granting 23 MOTION for Leave to File Memorandum in Excess of Page Limit filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 09/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 09/28/2017)
26 MOTION to Dismiss and in the Alternative MOTION to Strike 5 First Amended Complaint, by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Order)(LLH) (Entered: 09/29/2017)
27 MOTION to Enlarge the Time to Serve the Remaining Defendants by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Adcock, John) Modified to edit the text on 10/2/2017 (KAH). (Entered: 09/29/2017)

10/02/2017 10/02/2017
10/02/2017 10/02/2017 10/03/2017 10/03/2017 10/10/2017 10/12/2017
10/13/2017 10/16/2017 10/19/2017 10/20/2017 10/20/2017

MOTION(S) REFERRED: 27 MOTION to Enlarge the Time to Serve the Remaining Defendants. This motion is now pending before the USMJ. (KAH) (Entered: 10/02/2017)
28 NOTICE of Briefing Schedule on 26 MOTION to Dismiss MOTION to Strike 5 Amended Complaint, : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/02/2017)
29 RESPONSE to 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. filed by All Plaintiffs. (Most, William) (Entered: 10/02/2017)
30 Ex Parte MOTION to Enroll Michelle Rutherford as Additional Attorney by All Plaintiffs. (Most, William) (Entered: 10/02/2017)
MOTION(S) REFERRED: 30 Ex Parte MOTION to Enroll Michelle Rutherford as Additional Attorney . This motion is now pending before the USMJ. (SGO) (Entered: 10/03/2017)
31 ORDER granting 30 Ex Parte Motion to Enroll Michelle M. Rutherford as Additional Counsel of record for Plaintiffs. Signed by Magistrate Judge Erin Wilder−Doomes on 10/3/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/03/2017)
32 ORDER granting in part and denying in part 27 Motion to Enlarge the time to Serve the Remaining Defendants. Plaintiffs have until October 31, 2017, to serve the remaining defendants. Signed by Magistrate Judge Erin Wilder−Doomes on 10/10/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/10/2017)
33 STIPULATION of Voluntary Dismissal of LSA Defendants by Antonio Castanon Luna, Alexus Cheney, Tammy Cheney, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage. (Most, William) Modified on 10/13/2017 to edit text. (EDC). Modified on 10/13/2017 to change event type. (EDC). (Entered: 10/12/2017)
34 ORDER approving 33 Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), dismissing plaintiffs' claims without prejudice against Defendants: Mike Cazes, Chuck Hurst and The Louisiana Sheriffs Association. Signed by Judge John W. deGravelles on 10/13/2017. (KDC) (Entered: 10/13/2017)
35 MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF MOTION TO STRIKE by City of Baton Rouge, Carl Dabadie, Jr, Melvin Lee Holden, Parish of East Baton Rouge. (Attachments: # 1 Attachment Order, # 2 Proposed Pleading;)(Morris, Deelee) (Entered: 10/16/2017)
36 STRICKEN FROM THE RECORD Opposition to 26 MOTION to Dismiss and in the Alternative MOTION to Strike 5 First Amended Complaint filed by All Plaintiffs. (Most, William) Modified to edit the text on 10/20/2017 (KAH). Modified on 10/24/2017 to remove document as it has been stricken (LLH). (Entered: 10/19/2017)
37 NOTICE OF NON−COMPLIANCE with LR 7(g) as to 36 Response. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KAH) (Entered: 10/20/2017)
38 MOTION for Leave to File Excess Pages and Strike Incorrect Pleading by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading;)(Most, William). Added MOTION to Strike on 10/23/2017 (KAH). (Entered: 10/20/2017)

10/24/2017 10/24/2017 10/30/2017 10/30/2017 10/31/2017
11/06/2017
11/07/2017 11/07/2017 11/08/2017 11/08/2017 11/13/2017
11/13/2017 11/14/2017
11/29/2017 11/29/2017

39 ORDER granting 38 Motion for Leave to File Excess Pages Motion to Strike 36 Memorandum in Opposition. Signed by Judge John W. deGravelles on 10/23/2017. (LLH) (Entered: 10/24/2017)
40 MEMORANDUM in Opposition to 26 MOTION to Dismiss and in the Alternative MOTION to Strike 5 Amended Complaint, filed by Plaintiffs. (LLH) (Entered: 10/24/2017)
41 Consent MOTION to Enlarge the Time to Serve Remaining Defendants by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Draft Order)(Most, William) Modified to edit text on 10/31/2017 (BLR). (Entered: 10/30/2017)
MOTION(S) REFERRED: 41 Consent MOTION for Extension of Time Serve Remaining Defendants. This motion is now pending before the USMJ. (LLH) (Entered: 10/30/2017)
42 ORDER granting 41 Consent Motion to Enlarge the Time to Serve Defendants for good cause. The time to serve Defendants under Fed. R. Civ. P. 4(m) is enlarged and the Plaintiffs therefore have until December 15, 2017, to serve the remaining defendants. Signed by Magistrate Judge Erin Wilder−Doomes on 10/31/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/31/2017)
43 MOTION for Leave to File Reply Memorandum in Excess of Page Limit by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support Memo in Support of Motion for Leave, # 2 Proposed Pleading; Reply Memo in Support of Motion to Dismiss, # 3 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 11/06/2017)
44 ORDER granting 43 MOTION for Leave to File Reply Memorandum in Excess of Page Limit filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 11/07/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/07/2017)
45 REPLY Memorandum to 40 Memorandum in Opposition In Support of 26 MOTION to Dismiss and in the Alternative MOTION to Strike filed by AIX Group, Sid J. Gautreaux, III. (KAH) (Entered: 11/07/2017)
46 Request for a Scheduling Conference Date by All Plaintiffs. (Most, William) Modified on 11/8/2017 to edit text. (EDC). (Entered: 11/08/2017)
MOTION(S) REFERRED: 46 MOTION for FRCP 16(b) Scheduling Conference Date. This motion is now pending before the USMJ. (EDC) (Entered: 11/08/2017)
47 ORDER granting 35 MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF MOTION TO STRIKE filed by Parish of East Baton Rouge, Carl Dabadie, Jr., Melvin Lee Holden, City of Baton Rouge. Signed by Judge John W. deGravelles on 11/13/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/13/2017)
49 REPLY MEMORANDUM in Support of 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. filed by East Baton Rouge, Carl Dabadie, Jr., Melvin Lee Holden(City/Parish defendants) (ELW) (Entered: 11/14/2017)
48 ORDER: The 46 Request for a Scheduling Conference is DENIED without prejudice to re−urging after all defendants have made an appearance. Signed by Magistrate Judge Erin Wilder−Doomes on 11/14/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/14/2017)
50 MOTION for Leave to File Supplemental Brief in Opposition to Sheriff's Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Order)(Most, William) (Entered: 11/29/2017)
51 MOTION for Leave to File Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Proposed Order)(Most, William) (Attachment 2 replaced on 12/14/2017) (ELW). Modified on

11/30/2017 11/30/2017 11/30/2017 12/10/2017 12/11/2017 12/13/2017 12/13/2017 01/02/2018 01/02/2018 01/02/2018
01/10/2018

12/14/2017 replaced as order by rec doc 56 (ELW). (Entered: 11/29/2017)
MOTION(S) REFERRED: 51 MOTION for Leave to File Second Amended Complaint . This motion is now pending before the USMJ. (ELW) (Entered: 11/30/2017)
52 ORDER granting 50 MOTION for Leave to File Supplemental Brief in Opposition to Sheriff's 26 Motion to Dismiss. Signed by Judge John W. deGravelles on 11/30/2017. (LLH) (Entered: 11/30/2017)
53 SUPPLEMENTAL BRIEF in Opposition to 26 MOTION to Dismiss or in the Alternative MOTION to Strike 5 Amended Complaint, filed by All Plaintiffs. (LLH) (Entered: 11/30/2017)
54 MOTION to Strike and Replace 51 Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Draft Order)(Most, William) Modified to edit the text on 12/11/2017 (KAH). (Entered: 12/10/2017)
MOTION(S) REFERRED: 54 MOTION to Strike and Replace 51 Second Amended Complaint. This motion is now pending before the USMJ. (KAH) (Entered: 12/11/2017)
55 MOTION for Leave to File Supplemental Reply Memorandum by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Motion for Leave to File in Excess of Page Limit, # 2 Proposed Pleading; Supplemental Reply Memorandum, # 3 Proposed Pleading; Proposed Order re Motion for Leave to file Supplemental Reply, # 4 Proposed Pleading; Proposed Order re Motion for Leave to File in Excess of Page Limitation)(St. Pierre, Catherine) (Entered: 12/13/2017)
56 ORDER granting 54 MOTION to Strike and Replace Second Amended Complaint (R. Doc. 51−2). The clerk's office is directed to replace R. Doc. 51−2 with 54−2. Signed by Magistrate Judge Erin Wilder−Doomes on 12/13/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/13/2017)
57 ORDER: Plaintiff's 51 Motion for Leave of Court to File Second Amended Complaint, to which no opposition has been timely filed, is GRANTED. The clerk's office is instructed to file the Second Amended Complaint (R. Doc. 51−2) into the record, which will become the operative complaint in this matter. Signed by Magistrate Judge Erin Wilder−Doomes on 1/2/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/02/2018)
58 NOTICE of Hearing: Status Conference set for 1/10/2018 at 11:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder−Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 01/02/2018)
59 SECOND AMENDED COMPLAINT against AIX Group, William Alexander, Alex Bell, Kenny Brewer, Kevin Cannatella, Samuel Capaci, City of Baton Rouge, John Clary, Beau Comeaux, Kevin Curlee, Carl Dabadie, Jr., Mark Dennis, Joe Dessens, Jason Dohm, Jonny Dunnam, Michael Edmonson, Sid J. Gautreaux, III, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Insurance Company Does 1−100, Jonathan James, Earnest Jones, Earl Lapeyrouse, Unknown Lapeyrouse, Law Inforcement Does 1−500, Louisiana State Police, Alaina Mancuso, Richard McCloskey, Herman Newell, Travis Norman, Officer Does 1−500, Parish of East Baton Rouge, Jeff Pittman, Kevin Reeves, William Seymour, Reab Simoneaux, Jr., James Thomas, Unknown Thomas, Gerald Varnado, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson, filed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad, Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols, Tammy Cheney, Jonathan Abadie.(LLH) Modified on 11/19/2019 to replace as per rec doc 190 (KAH). (Entered: 01/04/2018)
60 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad,

01/10/2018
01/11/2018 01/11/2018 01/12/2018

Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols. Jonathan Abadie waiver sent on 12/10/2017, answer due 2/8/2018; William Alexander waiver sent on 12/10/2017, answer due 2/8/2018; Alex Bell waiver sent on 12/10/2017, answer due 2/8/2018; Kenny Brewer waiver sent on 12/10/2017, answer due 2/8/2018; Kevin Cannatella waiver sent on 12/10/2017, answer due 2/8/2018; City of Baton Rouge waiver sent on 7/13/2017, answer due 9/11/2017; John Clary waiver sent on 12/10/2017, answer due 2/8/2018; Beau Comeaux waiver sent on 10/17/2017, answer due 12/16/2017; Kevin Curlee waiver sent on 12/10/2017, answer due 2/8/2018; Carl Dabadie, Jr waiver sent on 7/13/2017, answer due 9/11/2017; Mark Dennis waiver sent on 12/10/2017, answer due 2/8/2018; Joe Dessens waiver sent on 12/10/2017, answer due 2/8/2018; Jason Dohm waiver sent on 12/10/2017, answer due 2/8/2018; Michael Edmonson waiver sent on 7/13/2017, answer due 9/11/2017; Taylor Giroir waiver sent on 12/10/2017, answer due 2/8/2018; Kirk Glover waiver sent on 12/10/2017, answer due 2/8/2018; Melvin Lee Holden waiver sent on 7/13/2017, answer due 9/11/2017; Darren Hunt waiver sent on 12/10/2017, answer due 2/8/2018; Jonathan James waiver sent on 12/10/2017, answer due 2/8/2018; Earnest Jones waiver sent on 12/10/2017, answer due 2/8/2018; Earl Lapeyrouse waiver sent on 12/10/2017, answer due 2/8/2018; Alaina Mancuso waiver sent on 12/10/2017, answer due 2/8/2018; Richard McCloskey waiver sent on 12/10/2017, answer due 2/8/2018; Travis Norman waiver sent on 12/10/2017, answer due 2/8/2018; Jeff Pittman waiver sent on 12/10/2017, answer due 2/8/2018; Kevin Reeves waiver sent on 7/13/2017, answer due 9/11/2017; William Seymour waiver sent on 10/17/2017, answer due 12/16/2017; Reab Simoneaux, Jr. waiver sent on 12/10/2017, answer due 2/8/2018; James Thomas waiver sent on 12/10/2017, answer due 2/8/2018; Gerald Varnado waiver sent on 12/10/2017, answer due 2/8/2018; Billy Walker waiver sent on 12/10/2017, answer due 2/8/2018; Derrick Williams waiver sent on 12/10/2017, answer due 2/8/2018; Willie Williams waiver sent on 12/10/2017, answer due 2/8/2018; Keith Wilson waiver sent on 12/10/2017, answer due 2/8/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Most, William) (Entered: 01/10/2018)
61 Minute Entry/Conference Report and ORDER for proceedings held before Magistrate Judge Erin Wilder−Doomes: Status Conference held on 1/10/2018. Counsel for the parties discussed the pending cases and preliminary issues with respect to each case. The parties also discussed possible consolidation of these matters for purposes of discovery and/or pretrial procedures. The parties discussed the possibility of settlement of any or all of these matters All responsive pleadings on behalf of all defendants who were served or for whom service has been waived shall be filed by no later than 1/24/2018. The court will issue a supplemental Notice and Order shortly setting out instructions for filing revised Motions to Dismiss based on qualified immunity and the current operative complaints. A in person Status Conference set for 2/5/2018 at 10:30 AM in Courtroom 5. The 43, 54 Motions for Rule 16 Scheduling conference in 17−CV−323 and 17−CV−324 are DENIED. The undersigned will set scheduling conferences in all matters at a later date to be determined by the Court. (LLH) (Entered: 01/11/2018)
62 MOTION to Withdraw 26 MOTION to Dismiss MOTION to Strike 5 Amended Complaint, by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 01/11/2018)
63 MOTION to Withdraw 20 MOTION to Strike PLAINTIFFS COMPLAINT AND FIRST AMENDED COMPLAINT UNDER RULE 12(f). FED.R.CIV.P. by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Attachment Order)(Morris, Deelee) (Entered: 01/11/2018)
64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis

01/12/2018 01/12/2018 01/17/2018 01/22/2018
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01/23/2018
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Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Morris, Deelee) (Entered: 01/12/2018)
65 ORDER granting 62 Motion to Withdraw 26 MOTION to Dismiss. Signed by Judge John W. deGravelles on 1/12/2018. (KAH) (Entered: 01/12/2018)
66 ORDER granting 63 Motion to Withdraw City/Parish Defendants' Motion to Strike Plaintiffs' Complaint, First Amended Complaint Under Rule 12(f), Fed.R.Civ.P. Signed by Judge John W. deGravelles on 1/12/2018. (SGO) (Entered: 01/12/2018)
67 ORDER denying as moot 55 MOTION for Leave to File Supplemental Reply Memorandum filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 01/17/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/17/2018)
68 MOTION to Strike 59 Amended Complaint by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit B from Original Complaint)(Brustowicz, Celeste) (Entered: 01/22/2018)
69 MOTION to Dismiss by Louisiana State Police, Kevin Reeves. (Attachments: # 1 Memorandum in Support)(Brustowicz, Celeste) (Entered: 01/22/2018)
70 STRICKEN FROM THE RECORD MEMORANDUM in Opposition to 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. filed by All Plaintiffs. (Most, William) Modified on 1/24/2018 to remove document as it has been stricken (LLH). (Entered: 01/22/2018)
71 NOTICE OF NON−COMPLIANCE with LR 7(g) as to 70 Memorandum in Opposition to Motion. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (LLH) (Entered: 01/23/2018)
72 NOTICE of Briefing Schedule on 68 MOTION to Strike 59 Amended Complaint,,,, : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 01/23/2018)
73 NOTICE of Briefing Schedule on 69 MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/23/2018)
74 MOTION to Strike 70 Memorandum in Opposition to Motion and File Memorandum in Excess of Page Limit by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Proposed Pleading), # 3 Draft Order)(Most, William) Modified on 1/24/2018 to edit text (LLH). (Entered: 01/23/2018)
75 MOTION to Dismiss for Failure to State a Claim by Michael Edmonson. (Attachments: # 1 Memorandum in Support)(Brustowicz, Celeste) (Entered: 01/24/2018)
76 ORDER granting 74 Motion to Strike 70 and File Memorandum in Excess of Page Limit. Signed by Judge John W. deGravelles on 1/24/2018. (LLH) (Entered:

01/24/2018 01/24/2018 01/24/2018 01/25/2018
01/25/2018 01/26/2018
01/31/2018 02/01/2018
02/01/2018 02/05/2018
02/05/2018 02/05/2018

01/24/2018)
77 MEMORANDUM in Opposition to 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. filed by All Plaintiffs. (LLH) (Entered: 01/24/2018)
78 ANSWER to 59 Second Amended Complaint, by Kevin Cannatella, Beau Comeaux, Herman Newell, William Seymour.(Phayer, Dennis) Modified on 1/25/2018 to edit text (LLH). (Entered: 01/24/2018)
79 MOTION to Dismiss for Failure to State a Claim by Samuel Capaci, John Clary, Kevin Curlee, Mark Dennis, Joe Dessens, Jonathan James, Gerald Varnado. (Attachments: # 1 Memorandum in Support)(Phayer, Dennis) (Entered: 01/24/2018)
80 NOTICE of Briefing Schedule on 79 MOTION to Dismiss for Failure to State a Claim , 75 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/25/2018)
81 MOTION to Dismiss by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Memorandum in Support)(Phayer, Dennis) (Entered: 01/25/2018)
82 NOTICE of Briefing Schedule on 81 MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/26/2018)
83 Consent MOTION for Extension of Time to File Response to 79 MOTION to Dismiss for Failure to State a Claim , 75 MOTION to Dismiss for Failure to State a Claim by All Plaintiffs. (Attachments: # 1 Proposed Order)(Adcock, John) (Entered: 01/31/2018)
84 MOTION for Leave to File Reply Memorandum in Support of Motion to Strike by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading;)(Morris, Deelee) (Entered: 02/01/2018)
85 ORDER granting 83 Consent Motion for Extension of Time to File Response to 75 , 79 MOTION to Dismiss for Failure to State a Claim . Oppositions due by 2/28/2018. Signed by Judge John W. deGravelles on 2/1/2018. (LLH) (Entered: 02/01/2018)
86 Notice to Counsel: In light of the attached letter requesting a continuance, the Status Conference set for 2/5/2018 is CANCELLED. Plaintiff's counsel in 17−CV−00443−JWD−EWD Batiste−Swilley v. City of Baton Rouge et al shall confer with all parties in all related cases and contact the court within 3 days with a date to reschedule the status conference that is mutually agreed upon by all parties. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 02/05/2018)
87 MEMORANDUM in Opposition to 69 MOTION to Dismiss of Col. Reeves and LSP filed by All Plaintiffs. (Most, William) (Entered: 02/05/2018)
88 MEMORANDUM in Opposition to 68 MOTION to Strike 59 Amended Complaint,,,, by LSP Defendants filed by All Plaintiffs. (Most, William) (Entered: 02/05/2018)

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02/28/2018

89 Notice to Counsel: In light of the attached letter, a Status Conference set for 2/20/2018 at 09:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder−Doomes. (BLR) (Entered: 02/08/2018)
90 MEMORANDUM in Opposition to 81 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit A (Dec. of William Most), # 2 Exhibit B (6/27/17 Email with EBRDA), # 3 Exhibit C (7/7/2017 Email with Parish Atty), # 4 Exhibit D (10/4/17 Email with Parish Atty), # 5 Exhibit E (1/31/18 Email with EBRDA), # 6 Exhibit F (2/5/2018 Email with Parish Atty))(Most, William) (Entered: 02/09/2018)
91 MOTION for Leave to File Excess Pages by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support Memo in Support of Motion for Leave, # 2 Proposed Pleading; Proposed Order re Motion for Leave, # 3 Proposed Pleading; Motion to Dismiss, # 4 Memorandum in Support Memo in Support of Motion to Dismiss, # 5 Proposed Pleading; Proposed Order re Motion to Dismiss)(St. Pierre, Catherine) (Entered: 02/20/2018)
92 MOTION to Stay Discovery by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 02/20/2018)
100 Minute Entry/ Status Conference Report and ORDER for proceedings held before Magistrate Judge Erin Wilder−Doomes: Status Conference held on 2/20/2018. Counsel for the Parties discussed the pending cases and preliminary issues with respect as to each case. The Ex Parte MOTION for Extension of Time to File Response to MOTIONS to Stay Discovery are GRANTED. In Tennart, Smith and Batiste−Swilley, the parties shall have until 3/15/2018 in which to file a response In Jackson, the parties shall have until 3/19/2018. Scheduling conferences will be set at a later date. (LLH) (Entered: 03/07/2018)
MOTION(S) REFERRED: 92 MOTION to Stay Discovery . This motion is now pending before the USMJ. (LLH) (Entered: 02/22/2018)
93 ORDER granting 91 Motion for Leave to File Memo in Excess Page Limit. Signed by Judge John W. deGravelles on 02/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 02/26/2018)
96 MOTION to Dismiss and in the Alternative MOTION to Strike 59 Amended Complaint, by AIX Group, Sid J. Gautreaux, III, in his capacity as Sheriff of East Baton Rouge Parish. (Attachments: # 1 Memorandum in Support, # 2 Order)(LLH) (Entered: 02/27/2018)
94 ORDER granting 84 MOTION for Leave to File Reply Memorandum in Support of 64 Motion to Strike. Signed by Judge John W. deGravelles on 2/27/2018. (LLH) (Entered: 02/27/2018)
95 REPLY Memorandum in Support of 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. filed by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr., Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (LLH) (Entered: 02/27/2018)
97 NOTICE of Briefing Schedule on 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint, : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 02/28/2018)
98 MEMORANDUM in Opposition to 79 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Adcock, John) (Entered: 02/28/2018)

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99 MEMORANDUM in Opposition to 75 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Adcock, John) (Entered: 02/28/2018)
101 MEMORANDUM in Opposition to 92 MOTION to Stay Discovery filed by All Plaintiffs. (Most, William) (Entered: 03/15/2018)
102 MOTION for Leave to File Excess Pages for Brief in Opposition to Sheriff/AIX's Renewed Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Draft Order)(Most, William) (Entered: 03/19/2018)
103 ORDER granting 102 Motion for Leave to file opposition in excess of page limits. Signed by Judge John W. deGravelles on 03/21/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 03/21/2018)
104 MEMORANDUM in Opposition to 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint, filed by All Plaintiffs. (SWE) (Entered: 03/22/2018)
105 Unopposed MOTION for Extension of Time Reply to Plaintiff's Memorandum in Opposition to Sheriff Gautreaux's Motion for Dismissal by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) Modified on 3/27/2018 to edit event (LLH). (Entered: 03/23/2018)
106 ORDER granting 105 Unopposed Motion for Extension of Time to File Response to 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint. Replies due by 4/26/2018. Signed by Judge John W. deGravelles on 3/26/2018. (LLH) (Entered: 03/27/2018)
107 MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Discovery by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Proposed Order re Motion for Leave to File Reply Memo, # 2 Proposed Pleading; Motion for Leave to File in Excess of Page Limitation, # 3 Proposed Pleading; Order re Motion for Leave to File in Excess of Page Limitation, # 4 Proposed Pleading; Reply Memo in Support of Motion to Stay Discovery)(St. Pierre, Catherine) (Entered: 03/29/2018)
MOTION(S) REFERRED: 107 MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Discovery . This motion is now pending before the USMJ. (NLT) (Entered: 03/30/2018)
108 ORDER granting 107 MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Discovery and in Excess of Page Limitation. The clerk's office is directed to filed R. Doc. 107−4 into the record. Signed by Magistrate Judge Erin Wilder−Doomes on 4/4/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 04/04/2018)
109 REPLY Memorandum in Support of 92 MOTION to Stay Discovery filed by AIX Group, Sid J. Gautreaux, III. (LLH) (Entered: 04/05/2018)
110 NOTICE of Hearing on Motion 69 MOTION to Dismiss , 79 MOTION to Dismiss for Failure to State a Claim , 68 MOTION to Strike 59 Amended Complaint,,,, , 75 MOTION to Dismiss for Failure to State a Claim , 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint,, 81 MOTION to Dismiss , 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. : A two day motion hearing is hereby assigned to begin at 9:00 AM on 08/21/2018 in Courtroom 1 before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/18/2018)
111 MOTION to Enroll Erika Mullenbach Cunningham as Additional Attorney by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Proposed Order)(Phayer, Dennis) Modified on 4/30/2018 to replace document as per Order #114 (LLH). (Entered: 04/25/2018)

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07/06/2018

MOTION(S) REFERRED: 111 MOTION to Enroll Erika Mullenbach Cunningham as Additional Attorney . This motion is now pending before the USMJ. (KAH) (Entered: 04/25/2018)
112 MOTION to Substitute Pleading by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Phayer, Dennis) Modified on 4/26/2018 to edit text. (EDC). (Entered: 04/25/2018)
MOTION(S) REFERRED: 112 MOTION to Substitute File Motion to Enroll and Substitute Counsel . This motion is now pending before the USMJ. (EDC) (Entered: 04/26/2018)
113 MOTION for Leave of Court to File Reply Memorandum in Support of Motion to Dismiss and in the Alternative Motion to Strike in Excess of Page Limitation by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading; Proposed Order, # 2 Proposed Pleading; Reply Memo in Support of Motion to Dismiss)(St. Pierre, Catherine). Modified on 4/26/2018 to edit the text (KAH). (Entered: 04/26/2018)
114 ORDER granting 112 Motion to Substitute pleadings. The clerk's office is directed to replace R. Doc. 111 with R. Doc. 112−2. Signed by Magistrate Judge Erin Wilder−Doomes on 4/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified on 4/30/2018 to edit text (LLH). (Entered: 04/26/2018)
115 ORDER granting 113 Motion for Leave to File Reply Memorandum in Support of 96 Motion to Dismiss and in the Alternative Motion to Strike. Signed by Judge John W. deGravelles on 4/29/2018. (LLH) (Entered: 04/30/2018)
116 REPLY Memorandum in Support of 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint filed by AIX Group, Sid J. Gautreaux, III. (LLH) (Entered: 04/30/2018)
117 ORDER granting 111 Motion to Enroll Additional Attorney. Added attorney Erika Mullenbach Cunningham for Kevin Cannatella,Erika Mullenbach Cunningham for Samuel Capaci,Erika Mullenbach Cunningham for John Clary,Erika Mullenbach Cunningham for Beau Comeaux,Erika Mullenbach Cunningham for Kevin Curlee,Erika Mullenbach Cunningham for Mark Dennis,Erika Mullenbach Cunningham for Joe Dessens,Erika Mullenbach Cunningham for Michael Edmonson,Erika Mullenbach Cunningham for Jonathan James,Erika Mullenbach Cunningham for Louisiana State Police,Erika Mullenbach Cunningham for Herman Newell,Erika Mullenbach Cunningham for Kevin Reeves,Erika Mullenbach Cunningham for William Seymour,Erika Mullenbach Cunningham for Gerald Varnado.. Signed by Magistrate Judge Erin Wilder−Doomes on 5/1/2018. (LLH) (Entered: 05/01/2018)
118 RULING and ORDER granting in part 92 Motion to Stay Discovery. Discovery in this matter, with the exception of written discovery between Plaintiffs and the non−moving defendants (i.e., parties other than EBRSO Defendants), is STAYED pending resolution of the issues raised in the Motion to Dismiss. Signed by Magistrate Judge Erin Wilder−Doomes on 5/14/2018. (EDC) (Entered: 05/14/2018)
119 NOTICE of Hearing on Motion 69 MOTION to Dismiss , 79 MOTION to Dismiss for Failure to State a Claim , 68 MOTION to Strike 59 Amended Complaint , 75 MOTION to Dismiss for Failure to State a Claim , 96 MOTION to Dismiss MOTION to Strike 59 Amended Complaint 81 MOTION to Dismiss , 64 MOTION to Strike Plaintiffs' Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f). Fed.R.Civ.P. : Motion Hearing RESET for 9/7/2018 at 9:00 AM in Courtroom 1 before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/28/2018)
120 ORDER: Concerning the LSP Defendants' Motion to Dismiss [or] Alternatively, Request for Stay as to Certain Plaintiffs under Authority of Heck v. Humphrey (Doc. 81), Plaintiffs represented on February 9, 2018, in their last briefing on this motion (Doc. 90) that the East Baton Rouge District Attorney's Office had not yet decided

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whether to institute charges against seven of the Plaintiffs. (Doc. 90 at 2 & n. 3.) The parties are hereby given until July 13, 2018, at 12:00 p.m. to file short briefs (not to exceed five pages) to update the court on the status of the D.A.'s decision and on whether these seven Plaintiffs will be prosecuted. Signed by Judge John W. deGravelles on 07/06/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 07/06/2018)
121 MOTION for Order to Show Cause why Plaintiffs' Attorney has not Violated the Stay Order by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 1−A, # 4 Exhibit Exhibit 1−B, # 5 Exhibit Exhibit 1−C, # 6 Exhibit Exhibit 1−D, # 7 Exhibit Exhibit 1−E, # 8 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) (Entered: 07/09/2018)
MOTION(S) REFERRED: 121 MOTION for Order to Show Cause why Plaintiffs' Attorney has not Violated the Stay Order. This motion is now pending before the USMJ. (LLH) (Entered: 07/09/2018)
122 NOTICE of TELEPHONE CONFERENCE: Telephone Conference set for 7/17/2018 at 11:00 AM before Magistrate Judge Erin Wilder−Doomes to discuss 121 Motion for Order to Show Cause. Counsel participating in the Conference shall call 877−336−1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 07/12/2018)
123 MEMORANDUM IN RESPONSE to 120 Order filed by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Louisiana State Police, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Phayer, Dennis) Modified on 7/12/2018 to edit text. (EDC). (Entered: 07/12/2018)
124 BRIEF in Response to 120 Order, regarding Plaintiffs' Lack of Criminal Charges filed by All Plaintiffs. (Attachments: # 1 Exhibit A (Email from EBR Dist. Atty.))(Most, William) Modified on 7/13/2018 to edit text (LLH). (Entered: 07/12/2018)
125 ORDER: Considering the recent filings from the parties (Docs. 123, 124), IT IS ORDERED that the LSP Defendants' Motion to Dismiss [or] Alternatively, Request for Stay as to Certain Plaintiffs under Authority of Heck v. Humphrey (Doc. 81) is DENIED AS MOOT.

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(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) Modified on 7/13/2018 (SWE). (Entered: 07/13/2018)
126 Minute Entry for proceedings held before Magistrate Judge Erin Wilder−Doomes: Telephone Conference held on 7/17/2018. Based on the agreement of the parties, the 121 MOTION for Order to Show Cause why Plaintiffs' Attorney has not Violated the Stay Order filed by Sid J. Gautreaux, III, AIX Group is DENIED AS MOOT. (SWE) (Entered: 07/17/2018)
127 ORAL ORDER denying as moot 121 MOTION for Order to Show Cause why Plaintiffs' Attorney has not Violated the Stay Order filed by Sid J. Gautreaux, III, AIX Group. Signed by Magistrate Judge Erin Wilder−Doomes on 07/17/2018. (NLT) (Entered: 07/19/2018)
128 MOTION to Enroll Candace B. Ford as Additional Attorney by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Pleading; Order)(Morris, Deelee) (Entered: 08/06/2018)
MOTION(S) REFERRED: 128 MOTION to Enroll Candace B. Ford as Additional Attorney . This motion is now pending before the USMJ. (LLH) (Entered: 08/06/2018)
129 ORDER granting 128 Motion to Enroll Additional Attorney. Added attorney Candace B. Ford for Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of

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Baton Rouge, Carl Dabadie, Jr., Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. Signed by Magistrate Judge Erin Wilder−Doomes on 8/7/2018. (EDC) (Entered: 08/07/2018)
130 ORDER granting in part and denying in part 69 Motion to Dismiss. Signed by Judge John W. deGravelles on 09/07/2018. (NLT) (Entered: 09/07/2018)
131 ORDER granting in part and denying in part 75 Motion to Dismiss for Failure to State a Claim. Signed by Judge John W. deGravelles on 09/07/2018. (NLT) (Entered: 09/07/2018)
132 ORDER granting in part and denying in part 79 Motion to Dismiss for Failure to State a Claim by Certain LSP Troopers. Signed by Judge John W. deGravelles on 09/07/2018. (NLT) (Entered: 09/07/2018)
133 ORDER granting in part and denying in part 64 Motion to Strike Plaintiffs Complaint, First Amended Complaint, and Second Amended Complaint Under Rule 12(f), Fed.R.Civ.P., and 68 Motion to Strike. Signed by Judge John W. deGravelles on 9/7/2018. (LLH) (Entered: 09/07/2018)
134 ORDER granting in part, denying in part, deferring in part 96 Motion to Dismiss and in the Alternative Motion to Strike. Signed by Judge John W. deGravelles on 09/07/2018. (NLT) (Entered: 09/07/2018)
135 Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 9/7/2018 as to all pending motions. Counsel presented arguments on all motions listed. After hearing arguments, the Court advised counsel written rulings will be issued with oral reasons to follow. The reading of oral reasons will resume at 9:00 a.m. on Monday, 9/10/2018. (Court Reporter G. Delatte−Richard.) (LLH) (Entered: 09/12/2018)
140 Minute Entry for proceedings held before Judge John W. deGravelles: The Court continued issuing oral reasons. Court concluded for the day. Oral reasons will continue at 1:00 PM on Tuesday 9/11/2018. (Court Reporter N. Breaux.) (Court Reporter N. Breaux.) (LLH) (Entered: 09/13/2018)
138 Minute Entry for proceedings held before Judge John W. deGravelles: Continuation of oral reasons continued on 9/11/2018. Court concluded for the day and will continue reading oral reasons at 3:30 PM on Wednesday, 9/12/2108. (Court Reporter G. Delatte−Richard.) (LLH) (Entered: 09/13/2018)
136 TRANSCRIPT REQUEST by James W Craig for proceedings held on 9/7/2018 − 9/14/2018 before Judge deGravelles.. (Craig, James) Modified on 9/13/2018 to rotate the document (KAH). (Entered: 09/12/2018)
139 Minute Entry for proceedings held before Judge John W. deGravelles: This matter came on 9/12/2018 for a continuation of oral reasons. The Court concluded reading oral reasons. (Court Reporter G. Delatte−Richard.) (LLH) (Entered: 09/13/2018)
137 TRANSCRIPT REQUEST by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson for proceedings held on 9/7/2018 before Judge John W. deGravelles.. (Ford, Candace) (Entered: 09/13/2018)
141 TRANSCRIPT REQUEST by AIX Group, Sid J. Gautreaux, III for proceedings held on 09/11/2018 − 09/12/2018 before Judge deGravelles.. (St. Pierre, Catherine) (Entered: 09/27/2018)
142 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion hearing before Judge John W. deGravelles held on September 7, 2018. Court Reporter: Gina Delatte−Richard. Phone Number: 225−389−3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

10/10/2018

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. (Delatte−Richard, Gina) (Entered: 10/10/2018)
143 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings before Judge John W. deGravelles held on September 7, 2018. Court Reporter: Gina Delatte−Richard. Phone Number: 225−389−3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

10/10/2018

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. (Delatte−Richard, Gina) (Entered: 10/10/2018)
144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings before Judge John W. deGravelles held on September 11, 2018. Court Reporter: Gina Delatte−Richard. Phone Number: 225−389−3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

10/10/2018

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. (Delatte−Richard, Gina) (Entered: 10/10/2018)
145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings before Judge John W. deGravelles held on September 12, 2018. Court Reporter: Gina Delatte−Richard. Phone Number: 225−389−3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

10/19/2018

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. (Delatte−Richard, Gina) (Entered: 10/10/2018)
146 MOTION for Fred Schroeder to Withdraw as Attorney by Mike Cazes, Sid J. Gautreaux, III, Chuck Hurst, Louisiana Sheriffs' Association. (Attachments: # 1 Proposed Pleading;)(Frosch, Craig) (Entered: 10/19/2018)

10/19/2018 10/22/2018 12/06/2018
12/10/2018 12/11/2018 12/11/2018 12/11/2018 12/14/2018
12/14/2018 01/15/2019 01/16/2019 01/16/2019
01/18/2019
01/23/2019

MOTION(S) REFERRED: 146 MOTION for Fred Schroeder to Withdraw as Attorney . This motion is now pending before the USMJ. (NLT) (Entered: 10/19/2018)
147 ORDER granting 146 Motion to Withdraw as Attorney. Attorney Fred Schroeder is withdrawn. Signed by Magistrate Judge Erin Wilder−Doomes on 10/22/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/22/2018)
148 Discovery Conference Notice and ORDER: A Discovery Conference is set for 1/23/2019 at 10:30 AM in Courtroom 5 before Magistrate Judge Erin Wilder−Doomes.The parties in each case shall jointly submit, no later than 01/15/2019, a joint submission setting forth the items stated herein. Signed by Magistrate Judge Erin Wilder−Doomes on 12/04/2018. (NLT) (Entered: 12/06/2018)
149 MOTION to Enroll Rachel M. Abadie as Additional Attorney by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading;)(St. Pierre, Catherine) Modified on 12/17/2018 to replace document as per Order #151 (LLH). (Entered: 12/10/2018)
MOTION(S) REFERRED: 149 MOTION to Enroll Rachel M. Abadie as Additional Attorney . This motion is now pending before the USMJ. (KAH) (Entered: 12/11/2018)
150 MOTION to Substitute 149 Motion to Enroll as Additional Counsel by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Order, # 2 Proposed Pleading;, # 3 Order to Proposed Pleading)(St. Pierre, Catherine) Modified on 12/11/2018 to edit the text (KAH). (Entered: 12/11/2018)
MOTION(S) REFERRED: 150 MOTION to Substitute Motion to Enroll as Additional Counsel [Doc. 149] . This motion is now pending before the USMJ. (KAH) (Entered: 12/11/2018)
151 ORDER granting 150 MOTION to Substitute 149 Motion to Enroll as Additional Counsel. The clerk is directed to replace R. Doc. 149 with 150−2. Signed by Magistrate Judge Erin Wilder−Doomes on 12/14/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/14/2018)
152 ORDER granting 149 MOTION to Enroll Rachel M. Abadie as Additional Attorney by AIX Group, Sid J. Gautreaux, III. Signed by Magistrate Judge Erin Wilder−Doomes on 12/14/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/14/2018)
153 Joint MOTION for Extension of Time to File to File the Joint Submission in Response to This Courts December 6, 2018 Order by All Plaintiffs. (Attachments: # 1 Proposed Order)(Adcock, John) (Entered: 01/15/2019)
MOTION(S) REFERRED: 153 Joint MOTION for Extension of Time to File to File the Joint Submission in Response to This Courts December 6, 2018 Order. This motion is now pending before the USMJ. (NLT) (Entered: 01/16/2019)
154 ORDER granting 153 Joint Motion for a Three Day Extension of Time to File the Joint Submission in Response to this Court's December 6, 2018 Order to 1/18/2019. Signed by Magistrate Judge Erin Wilder−Doomes on 1/16/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 01/16/2019)
155 NOTICE of Joint Submission Pursuant to this Court's 148 December 6, 2018 Order by Alexus Cheney, Tammy Cheney, James W Craig, Alisha Feldman, Leah Fishbein, Cherri Foytlin, Blair Imani, Daniel Liebeskind, Akeem Muhammad, Samantha Nichols, Victor Onuoha, Finn Phoenix, Raae Pollard, Nadia Salazar Sandi, Karen Savage (Attachments: # 1 Proposed Discovery)(Adcock, John) Modified on 1/22/2019 to edit the text (NLT). (Entered: 01/18/2019)
156 Discovery Hearing Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder−Doomes: Discovery Hearing held on 1/23/2019. The parties shall comply with the deadlines and instructions set forth herein. To the extent all parties in a particular case agree, they shall contact the court at (225) 389−3584 to schedule a settlement conference. Signed by Magistrate Judge Erin Wilder−Doomes

01/31/2019

on 1/25/2019.l (SWE) (Entered: 01/25/2019)
157 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Discovery Hearing Conference hearing before Judge Erin Wilder−Doomes held on 01/23/19. Court Reporter: Janice Russell Transcripts. Phone Number: (757) 422−9089; e−mail: trussell31@tdsmail.com.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

03/14/2019
03/15/2019 03/18/2019 03/18/2019 03/18/2019 03/19/2019
03/21/2019 03/21/2019 03/26/2019 06/24/2019

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/21/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/1/2019. (Russell, J.) (Entered: 01/31/2019)
158 MOTION for Protective Order by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Ford, Candace) (Entered: 03/14/2019)
MOTION(S) REFERRED: 158 MOTION for Protective Order . This motion is now pending before the USMJ. (SWE) (Entered: 03/15/2019)
159 Notice to Counsel: Any party who objects to the 158 Motion for Protective Order shall file a notice with the court by no later that 3/22/2019 advising of the intent to file an opposition memorandum. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 03/18/2019)
Reset Deadlines as to 158 MOTION for Protective Order . (NLT) (Entered: 03/18/2019)
160 RESPONSE to 158 MOTION for Protective Order filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 03/18/2019)
161 ORDER: The 158 Motion for Protective Order (the "Motion") filed by the City of Baton Rouge ("Movant") is DENIED WITHOUT PREJUDICE for failure to fully comply with FRCP 37(a)(1). Although Movant certifies that counsel for the parties "conferred in a good−faith effort to resolve the discovery matters that are the subject of this motion between December 12, 2018 through March 13, 2019, R. Doc. 158, p. 2, Plaintiffs assert in response to the Motion that they "do not object, in principle, to the entry of a protective order" but that the scope of the order proposed by Movant is too broad. R. Doc. 160, p. 1. Considering Plaintiffs' representations, it appears that counsel for the parties have not exhausted their conferral obligations. The parties are instructed to confer in an effort to resolve the issues raised in the Motion without the necessity of court intervention, as required under FRCP 37(a)(1). Signed by Magistrate Judge Erin Wilder−Doomes on 3/19/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 03/19/2019)
162 Joint MOTION for Protective Order by City of Baton Rouge, Parish of East Baton Rouge. (Attachments: # 1 Proposed Order)(Ford, Candace) (Entered: 03/21/2019)
MOTION(S) REFERRED: 162 Joint MOTION for Protective Order . This motion is now pending before the USMJ. (EDC) (Entered: 03/21/2019)
163 Protective ORDER. Signed by Magistrate Judge Erin Wilder−Doomes on 03/26/2019. (ELW) (Entered: 03/26/2019)
164 MOTION to Dismiss for Failure to State a Claim by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;, # 3 Exhibit)(St. Pierre, Catherine) (Entered: 06/24/2019)

06/25/2019
06/26/2019 06/27/2019 06/27/2019 07/08/2019 07/19/2019 07/19/2019 07/22/2019 07/29/2019 07/31/2019
07/31/2019 08/03/2019
08/05/2019

165 NOTICE of Briefing Schedule on 164 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 06/25/2019)
166 Ex Parte MOTION to Enroll David Lanser as Additional Attorney by All Plaintiffs. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 06/26/2019)
MOTION(S) REFERRED: 166 Ex Parte MOTION to Enroll David Lanser as Additional Attorney . This motion is now pending before the USMJ. (SWE) (Entered: 06/27/2019)
167 ORDER granting 166 Motion to Enroll Additional Attorney. David Lanser, of the Law Office of William Most, shall be and is hereby enrolled as additional counsel of record for all Plaintiffs in the above−captioned matter. Signed by Magistrate Judge Erin Wilder−Doomes on 6/27/2019. (KAH) (Entered: 06/27/2019)
168 MEMORANDUM in Opposition to 164 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Lanser, David) (Entered: 07/08/2019)
169 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(St. Pierre, Catherine) (Entered: 07/19/2019)
170 ORDER granting 169 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss filed by Sid J. Gautreaux, III, AIX Group. Signed by Judge John W. deGravelles on 07/22/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 07/22/2019)
171 REPLY MEMORANDUM in Support of 164 MOTION to Dismiss for Failure to State a Claim filed by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Attachment)(ELW) (Entered: 07/23/2019)
172 ORDER: Status Conference set for 8/7/2019 at 02:00 PM in Courtroom 5 before Magistrate Judge Erin Wilder−Doomes to discuss the status of discovery. Signed by Magistrate Judge Erin Wilder−Doomes on 7/26/2019. (SWE) (Entered: 07/29/2019)
173 MOTION to Enroll James L. Hilburn as Additional Attorney by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Order)(Ford, Candace) (Entered: 07/31/2019)
MOTION(S) REFERRED: 173 MOTION to Enroll James L. Hilburn as Additional Attorney . This motion is now pending before the USMJ. (KMW) (Entered: 07/31/2019)
174 MOTION for Contempt for Failure to Comply with Subpoena and Court Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A (Subpoena to BRPD), # 4 Exhibit B (BRPD's First Subpoena Response), # 5 Exhibit C (BRPD's Supplemental Response), # 6 Exhibit D (BRPD's Supplemental Response), # 7 Exhibit E (BRPD's Supplemental Response), # 8 Exhibit F (Interrogatories), # 9 Exhibit G (Answer to Interrogatories), # 10 Exhibit H (Meet and Confer Emails), # 11 Exhibit I (List of Officers to "Voluntarily Dismiss"), # 12 Exhibit J (Dec. of William Most), # 13 Exhibit K (Subpoena Response Attachment), # 14 Exhibit L (Meet and Confer Emails), # 15 Exhibit M (Meet and Confer Emails), # 16 Exhibit N (Meet and Confer Emails))(Most, William) Modified on 8/5/2019 to edit the docket text (KMW). (Entered: 08/03/2019)
MOTION(S) REFERRED: 174 MOTION for Contempt of Court−Ordered Subpoena. This motion is now pending before the USMJ. (KMW) (Entered: 08/05/2019)

08/07/2019 08/07/2019 08/07/2019
08/28/2019 08/28/2019 08/29/2019 08/30/2019

175 ORDER granting 173 Motion to Enroll Additional Attorney. Added attorney James L. Hilburn for Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr., Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, and Keith Wilson. Signed by Magistrate Judge Erin Wilder−Doomes on 08/06/2019. (NLT) (Entered: 08/07/2019)
176 ORAL ORDER as to 164 MOTION to Dismiss for Failure to State a Claim: It is RECOMMENDED that the Motion be denied without Prejudice. MOTION for Contempt of Court−Ordered Subpoena 174 is DENIED. Signed by Magistrate Judge Erin Wilder−Doomes on 08/07/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(ELW) Modified on 8/14/2019 to edit text (LLH). (Entered: 08/13/2019)
177 Status Conference report and Order/Minute Entry for proceedings held before Magistrate Judge Erin Wilder−Doomes.An in−person status conference was held before Magistrate Judge Erin Wilder−Doomes held on 8/7/2019. Imani plaintiffs are GRANTED LEAVE to propound, within fourteen (14) days written discovery to the EBRSO Defendants and the EBRSO Defendants shall meet and confer regarding the proposed written discovery. EBRSO Defendants shall respond no later than October 15, 2019. The undersigned RECOMMENDS that the Motion to Dismiss,39 be denied without prejudice.Motion for Contempt for Failure to Comply with Subpoena and Court Order filed in Imani 40 is DENIED AS MOOT.The Supplemental Memorandum in Support of Motion to Compel filed in Geller 41 is STRICKEN for failure to obtain leave of court.The Motion to Compel Responses to Interrogatories is DENIED. Mr. Geller is, GRANTED LEAVE to propound, within fourteen (14) days written discovery to the EBRSO Defendants. Mr. Geller and the EBRSO Defendants shall meet and confer regarding the proposed written discovery and EBRSO Defendants shall respond no later than October 15, 2019. Plaintiffs in the Tennart, Smith, and Batiste−Swilley actions shall file by no later than August 14, 2019 either: (1) a motion requesting further discovery; or (2) a notice stating that plaintiffs are not requesting further discovery at this time.A deadline of Tuesday, October 15, 2019 is set for the parties to complete the limited written discovery allowed in these cases necessary to rule on the various assertions of qualified immunity. On or before November 14, 2019, plaintiffs in Tennart, Geller, Smith, Jackson, Imani, and Batiste−Swilley shall file Motions to Substitute their currently operative Complaints as ordered herein. Plaintiffs comprehensive amended complaints shall maintain the same numbering as the currently operative complaints such that it is not necessary for defendants to file another answer. (LLH) (Entered: 08/14/2019)
178 MOTION for Candace B. Ford and James L. Hilburn to Withdraw as Attorney by Jonathan Abadie, William Alexander, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Order)(Morris, Deelee) (Entered: 08/28/2019)
MOTION(S) REFERRED: 178 MOTION for Candace B. Ford and James L. Hilburn to Withdraw as Attorney . This motion is now pending before the USMJ. (KAH) (Entered: 08/28/2019)
179 ORDER granting 178 Motion to Withdraw Candace B. Ford and James L. Hilburn as Counselors of Record. Signed by Magistrate Judge Erin Wilder−Doomes on 8/29/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/29/2019)
180 MOTION to Compel Discovery Responses by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Propounded Discovery, # 3 Exhibit B: Defendants' Objections, # 4 Exhibit C: Transcript, # 5 Exhibit D: Email from Catherine St. Pierre, # 6 Exhibit E: Declaration of David Lanser)(Lanser, David) Modified on 9/3/2019 to edit the text (KAH). (Entered: 08/30/2019)

09/03/2019 09/03/2019
09/03/2019 09/03/2019 09/05/2019
09/12/2019
09/12/2019 11/06/2019
11/07/2019 11/14/2019 11/15/2019 11/19/2019
11/21/2019

MOTION(S) REFERRED: 180 MOTION to Compel Discovery Responses. This motion is now pending before the USMJ. (KAH) (Entered: 09/03/2019)
181 NOTICE: A telephone conference is SET for Thursday, September 12, 2019 at 2:30 p.m. to discuss the 180 Motion to Compel Discovery Responses (the "Motion"). Counsel participating in the telephone conference shall call 877−336−1839 using access code 9565780 five minutes prior to conference. Because the purpose of the telephone conference is to discuss the Motion prior to defendants expending time and resources preparing a written opposition, the parties are NOTIFIED that no additional briefing regarding the Motion is required prior to the September 12, 2019 conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 09/03/2019)
182 MEMORANDUM in Opposition to 180 MOTION to Compel Discovery Responses filed by Sid J. Gautreaux, III. (St. Pierre, Catherine) (Entered: 09/03/2019)
183 Exhibit(s) to 182 Memorandum in Opposition to Motion by Sid J. Gautreaux, III. (St. Pierre, Catherine) Modified on 9/5/2019 to link documents (KAH). (Entered: 09/03/2019)
184 NOTICE of TELEPHONE CONFERENCE: Due to a scheduling conflict, the Telephone Conference is reset for 9/12/2019 at 09:30 AM before Magistrate Judge Erin Wilder−Doomes. NOTE: TIME CHANGE ONLY. Counsel participating in the Conference shall call 877−336−1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 09/05/2019)
185 Telephone Conference Report and Order/Minute Entry for proceedings held before Magistrate Judge Erin Wilder− Doomes: Telephone Conference held on 9/12/2019. The parties discussed the 180 Motion to Compel Discovery Responses. Sheriff Gautreaux shall respond to Interrogatories 23, 24, 25, 26, 27, and 28, to the extent possible, by no later than 10/15/2019. The Motion to Compel is TERMINATED AS MOOT based on the agreement of the parties. (KAH) Modified on 9/12/2019 to edit the text (KAH). (Entered: 09/12/2019)
186 ORAL ORDER: The 180 Motion to Compel is TERMINATED AS MOOT based on the agreement of the parties. Signed by Magistrate Judge Erin Wilder−Doomes on 9/12/2019. (KAH) (Entered: 09/12/2019)
187 Joint MOTION to Dismiss by Plaintiff, Tammy Cheney and by Jonathan Abadie, William Alexander, A. Bell, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, T. Giroir, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Unknown Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, R. Simeneaux, Reab Simoneaux, Jr., James Thomas, Unknown Thomas, Billy Walker, Unknown Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Order)(Morris, Deelee) (Entered: 11/06/2019)
188 JUDGMENT OF DISMISSAL granting 187 Motion to Dismiss. Signed by Judge John W. deGravelles on 11/7/2019. (SWE) (Entered: 11/07/2019)
189 MOTION to Substitute R. Doc. 59 with Third Amended Complaint by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Third Amended Complaint)(Lanser, David) (Entered: 11/14/2019)
MOTION(S) REFERRED: 189 MOTION to Substitute R. Doc. 59 with Third Amended Complaint. This motion is now pending before the USMJ. (KAH) (Entered: 11/15/2019)
190 ORDER: Consistent with the Court August 7, 2019 Status Conference Report and Order, IT IS HEREBY ORDERED that the Motion to Substitute R. Doc. 59 is GRANTED. The Clerk is directed to replace plaintiffs' Second Amended Complaint (R. Doc. 59) with R. Doc. 189−1. Signed by Magistrate Judge Erin Wilder−Doomes on 11/19/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 11/19/2019)
191 Joint MOTION to Dismiss Plaintiff Tammy Cheney by All Plaintiffs. (Attachments: # 1 Proposed Order)(Lanser, David) (Entered: 11/21/2019)

11/22/2019 12/03/2019
12/04/2019
12/20/2019 12/20/2019 12/26/2019 01/06/2020 01/10/2020
01/10/2020 01/14/2020

192 ORDER granting 191 Joint Motion to Dismiss Tammy Cheney. Signed by Judge John W. deGravelles on 11/22/2019. (KMW) (Entered: 11/22/2019)
193 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad, Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols. Brandon McCall waiver sent on 11/21/2019, answer due 1/21/2020; Calvin Prater waiver sent on 11/21/2019, answer due 1/21/2020; Harry Howard waiver sent on 11/21/2019, answer due 1/21/2020; James Jamison waiver sent on 11/21/2019, answer due 1/21/2020; Jason Jones waiver sent on 11/21/2019, answer due 1/21/2020; Justin Walker waiver sent on 11/21/2019, answer due 1/21/2020; Marshall Menou waiver sent on 11/21/2019, answer due 1/21/2020; Troy Banks waiver sent on 11/21/2019, answer due 1/21/2020. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment)(Lanser, David) (Entered: 12/03/2019)
194 WAIVER OF SERVICE Returned Executed by Victor Onuoha, Alisha Feldman, Antonio Castanon Luna, Nadia Salazar Sandi, Leah Fishbein, Akeem Muhammad, Blair Imani, Finn Phoenix, Daniel Liebeskind, Alexus Cheney, Raae Pollard, Cherri Foytlin, Karen Savage, Samantha Nichols. Alan Hamilton waiver sent on 12/3/2019, answer due 2/3/2020; Brandon Blust waiver sent on 12/3/2019, answer due 2/3/2020; Christopher Bryan Taylor waiver sent on 12/3/2019, answer due 2/3/2020; David Wallace waiver sent on 12/3/2019, answer due 2/3/2020; James Crockett waiver sent on 12/3/2019, answer due 2/3/2020; Mike Walker waiver sent on 12/3/2019, answer due 2/3/2020; Myron Daniels waiver sent on 12/3/2019, answer due 2/3/2020; Randall Wiedeman waiver sent on 12/3/2019, answer due 2/3/2020. (Lanser, David) (Entered: 12/04/2019)
195 Unopposed MOTION for Extension of Time to File Responsive Pleadings by AIX Group, Sid J. Gautreaux, III. (Attachments: # 1 Proposed Pleading;)(St. Pierre, Catherine) (Entered: 12/20/2019)
MOTION(S) REFERRED: 195 Unopposed MOTION for Extension of Time to File Responsive Pleadings. This motion is now pending before the USMJ. (SWE) (Entered: 12/20/2019)
196 ORDER granting 195 Unopposed Motion for Extension of Time to File Responsive Pleadings. Responsive pleadings for Defendants Sheriff Sid J. Gautreaux, III, in his official capacity as Sheriff of East Baton Rouge, Parish; and AIX Group, d/b/a Nova Casualty Company, are due by no later than January 21, 2020. Signed by Magistrate Judge Erin Wilder−Doomes on 12/26/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EWD) (Entered: 12/26/2019)
197 ANSWER to 59 Amended Complaint,,,, by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado.(Cunningham, Erika) (Entered: 01/06/2020)
198 Unopposed Motion for Extension of Time to File Responsive Pleadings by Jonathan Abadie, William Alexander, A. Bell, Alex Bell, Kenny Brewer, City of Baton Rouge, Carl Dabadie, Jr, Jason Dohm, T. Giroir, Taylor Giroir, Kirk Glover, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., James Thomas, Billy Walker, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson. (Attachments: # 1 Proposed Order)(Morris, Deelee) Modified on 1/10/2020 to edit text. (EDC). (Entered: 01/10/2020)
MOTION(S) REFERRED: 198 Unopposed MOTION for Extension of Time TO FILE RESPONSIVE PLEADINGS. This motion is now pending before the USMJ. (EDC) (Entered: 01/10/2020)
199 ORDER granting 198 Motion for Extension of Time and Responsive pleadings are due on 2/3/2020. Signed by Magistrate Judge Erin Wilder−Doomes on 1/14/2020. (EDC) (Entered: 01/14/2020)

01/14/2020 01/21/2020 01/22/2020
01/30/2020
02/11/2020 02/17/2020 02/18/2020 02/24/2020
02/26/2020 02/26/2020 02/26/2020 02/26/2020

Set Deadlines: Responsive pleadings due by 2/3/2020. (EDC) (Entered: 01/14/2020)
200 MOTION to Dismiss by AIX Group, Troy Banks, Sid J. Gautreaux, III, Harry Howard, James Jamison, Jason Jones, Brandon McCall, Marshall Menou, Calvin Prater, Justin Walker. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Pleading;)(St. Pierre, Catherine) (Entered: 01/21/2020)
201 NOTICE of Briefing Schedule on 200 MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/22/2020)
202 Answer to 59 Second Amended Complaint by Jonathan Abadie, William Alexander, Alex Bell, Brandon Blust, Kenny Brewer, City of Baton Rouge, James Crockett, Carl Dabadie, Jr, Myron Daniels, Jason Dohm, Jonny Dunnam, Taylor Giroir, Kirk Glover, Alan Hamilton, Melvin Lee Holden, Darren Hunt, Earnest Jones, Earl Lapeyrouse, Alaina Mancuso, Richard McCloskey, Travis Norman, Parish of East Baton Rouge, Jeff Pittman, Reab Simoneaux, Jr., Christopher Bryan Taylor, James Thomas, Billy Walker, Mike Walker, David Wallace, Randall Wiedeman, Derrick Williams, Willie Williams, Curtis Wilson, Keith Wilson.(Morris, Deelee) Modified on 1/30/2020 to edit text. (EDC). (Entered: 01/30/2020)
203 MEMORANDUM in Opposition to 200 MOTION to Dismiss EBRSO filed by All Plaintiffs. (Lanser, David) (Entered: 02/11/2020)
204 MOTION for Erika M. Cunningham to Withdraw as Attorney and Substitute Alexandra M. Lamothe by Kevin Cannatella, Samuel Capaci, John Clary, Beau Comeaux, Kevin Curlee, Mark Dennis, Joe Dessens, Michael Edmonson, Jonathan James, Herman Newell, Kevin Reeves, William Seymour, Gerald Varnado. (Attachments: # 1 Proposed Pleading;)(Phayer, Dennis) (Entered: 02/17/2020)
MOTION(S) REFERRED: 204 MOTION for Erika M. Cunningham to Withdraw as Attorney and Substitute Alexandra M. Lamothe. This motion is now pending before the USMJ. (LT) (Entered: 02/18/2020)
205 MOTION for Leave to File Reply Memorandum in Support of 200 Motion to Dismiss in Excess of Page Limit by AIX Group, Troy Banks, Sid J. Gautreaux, III, Harry Howard, James Jamison, Jason Jones, Brandon McCall, Marshall Menou, Calvin Prater, Justin Walker. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;, # 3 Exhibit)(St. Pierre, Catherine) Modified on 2/25/2020 to edit text (LT). (Entered: 02/24/2020)
206 ORDER granting 204 Motion to Withdraw Attorney Erika M. Cunningham as Attorney. Signed by Magistrate Judge Erin Wilder−Doomes on 02/26/2020. (KMW) (Entered: 02/26/2020)
207 ORDER granting 205 MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss in Excess of Page Limit filed by Calvin Prater, Troy Banks, James Jamison, Sid J. Gautreaux, III, Marshall Menou, Jason Jones, Harry Howard, Brandon McCall, Justin Walker, AIX Group. Signed by Judge John W. deGravelles on 02/26/2020. (KMW) (Entered: 02/26/2020)
208 REPLY Memorandum in Support of 200 MOTION to Dismiss filed by AIX Group, Troy Banks, Sid J. Gautreaux, III, Harry Howard, James Jamison, Jason Jones, Brandon McCall, Marshall Menou, Calvin Prater, Justin Walker. (KMW) (Entered: 02/26/2020)
209 MOTION for Partial Summary Judgment by Antonio Castanon Luna, Nadia Salazar Sandi. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Exhibit A (Declaration of Nadia Salazar Sandi), # 4 Exhibit B (Declaration of Antonio Castanon Luna), # 5 Exhibit C (Supplemented Answers to Interrogatories), # 6 Exhibit G (Antonio Castanon Luna Affidavit of Probable Cause), # 7 Exhibit H (Nadia Salazar Sandi Incident Report), # 8 Exhibit I (Less−Lethal Force Policy), # 9

02/26/2020 02/27/2020
02/27/2020 03/06/2020 03/09/2020
03/18/2020 03/19/2020
04/22/2020 04/22/2020 04/23/2020

Exhibit J (Nadia Salazar Sandi Discovery Responses − Partially Confidential), # 10 Exhibit K (Antonio Castanon Luna Discovery Responses − Partially Confidential))(Lanser, David) (Attachment 9 and 10 replaced to remove stricken document on 2/27/2020) (LT). (Entered: 02/26/2020)
210 MOTION to Strike and Replace exhibits 209 MOTION for Partial Summary Judgment (Exhibits J and K Only) by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A ("Nadia Salazar Sandi Redacted Responses to Discovery"), # 3 Exhibit B ("Antonio Castanon Luna Redacted Responses to Discovery"))(Lanser, David) Modified on 2/27/2020 to edit text (ELW). (Entered: 02/26/2020)
211 NOTICE of Briefing Schedule on 209 MOTION for Partial Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 02/27/2020)
212 ORDER granting 210 Motion to Strike and Replace R. Doc. 209−9 with Exhibit A and R. Doc 209−10 with Exhibit B of 209 MOTION for Partial Summary Judgment . Signed by Judge John W. deGravelles on 02/27/2020. (LT) (Entered: 02/27/2020)
213 Unopposed MOTION to Extend Deadline in Which to File an Opposition to 209 MOTION for Partial Summary Judgment by Brandon Blust, City of Baton Rouge, James Crockett, Alan Hamilton, Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order)(Morris, Deelee) Modified on 3/6/2020 to edit text. (EDC). (Entered: 03/06/2020)
214 ORDER granting 213 Motion for Extension of Time until 4.1.2020 to File Response to 209 MOTION for Partial Summary Judgment . The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. Signed by Judge John W. deGravelles on 03/09/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 03/09/2020)
215 Unopposed MOTION for Extension of Time to File Response to 209 MOTION for Partial Summary Judgment by Brandon Blust, City of Baton Rouge, James Crockett, Alan Hamilton, Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Morris, Deelee) (Entered: 03/18/2020)
216 ORDER granting 215 Motion for Extension of Time until 4/22/2020 to File Response to 209 MOTION for Partial Summary Judgment The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur−Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. Signed by Judge John W. deGravelles on 03/19/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 03/19/2020)
217 MEMORANDUM in Opposition to 209 MOTION for Partial Summary Judgment filed by Brandon Blust, James Crockett, Alan Hamilton. (Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Morris, Deelee) (Main Document 217 and Attachment 1 replaced on 4/23/2020) (EDC). Modified on 4/23/2020 in accordance with record document 219. (EDC). (Entered: 04/22/2020)
218 MOTION to Substitute Pleading 217 by Brandon Blust, City of Baton Rouge, James Crockett, Alan Hamilton, Parish of East Baton Rouge. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Pleading;, # 3 Attachment order)(Morris, Deelee) Modified on 4/23/2020 to edit text (LT). (Entered: 04/22/2020)
219 ORDER granting 218 MOTION to Substitute Pleading and record document numbers 217 and 217−1 are hereby substituted with the attached Memorandum in Opposition of Motion for Summary Judgment and Statement of Material Facts. Signed by Judge John W. deGravelles on 4/23/2020. (EDC) (Entered: 04/23/2020)

05/06/2020

220 REPLY in Support of 209 MOTION for Partial Summary Judgment filed by Antonio Castanon Luna, Nadia Salazar Sandi. (Attachments: # 1 Statement of Undisputed Facts)(Lanser, David) Modified on 5/7/2020 to edit the docket text (KMW). (Entered: 05/06/2020)

 
 Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 1 of 83

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

____________________________________

)

BLAIR IMANI, AKEEM MUHAMMAD, )

RAAE POLLARD, SAMANTHA NICHOLS, )

TAMMY CHENEY, ALEXUS CHENEY, )

VICTOR ONUOHA, KAREN SAVAGE, )

CHERRI FOYTLIN, ALISHA FELDMAN, )

ANTONIO CASTANON LUNA, NADIA )

SALAZAR SANDI, DANIEL LIEBESKIND, )

FINN PHOENIX, LEAH FISHBEIN,

)

)

Plaintiffs,

)

Docket No. ____________

v.

)

)

CITY OF BATON ROUGE; PARISH OF )

EAST BATON ROUGE; MELVIN LEE “KIP”)

HOLDEN; EAST BATON ROUGE

)

SHERIFF’S DEPARTMENT;

)

SID J. GAUTREAUX III;

)

CARL DABADIE, JR.; LOUISIANA STATE )

POLICE; MICHAEL EDMONSON; KEVIN )

REEVES; MIKE CAZES; LOUISIANA

)

SHERIFF’S ASSOCIATION; OFFICER

)

LAPEYROUSE; OFFICER WALKER P10177;)

OFFICER J. E. ALCEO; OFFICER

)

R. SIMENEAUX; OFFICER NATHAN

)

ALEXANDER; OFFICER THOMAS;

)

SGT. DEROUCHEWALT 7021; OFFICER )

CURTIS WAN P1057; OFFICER T. GIROIR )

P10410; OFFICER A. BELL P10508; OFFICER)

O.N. 0420; DETECTIVE 10128; OFFICER )

CAT; LAW ENFORCEMENT DOES 1 – 100; )

ATLANTIC SPECIALTY INSURANCE CO.; )

INSURANCE COMPANY DOES 1 - 500 )

)

Defendants.

)

______________________________________ )

COMPLAINT

COME NOW Plaintiffs, by and through undersigned counsel, to file this Complaint.

INTRODUCTION

1. On July 5, 2016, Baton Rouge police officers shot Alton Sterling to death.

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2. Mr. Sterling was a resident of Baton Rouge and the father of five children. His death was a tragedy, but not an aberration: in America in 2016, police killed at least one black man every forty hours.1
3. In the days following Mr.Sterling’s homicide, people gathered in Baton Rouge to speak out about the pattern of police misconduct in Baton Rouge and the United States. Some of them were Baton Rouge residents; others came from around Louisiana or other states to support the community and to participate in the demonstrations. Reporters from all over the country and world arrived to document the events.
4. On July 10, 2016, a peaceful, youth-led protest marched to the State Capitol building, where participants spoke, sang, and prayed. Afterwards, the participants marched back down Government Street. Where Government Street hits East Boulevard, law enforcement had set up a roadblock. Officers directed the marchers to get off of Government Street. The marchers complied and turned right onto East Blvd. A block down, the protesters stopped at the intersection of East Blvd. and France Street. The protesters gathered there and peacefully exercised their First Amendment rights to sing, pray, and hold up signs.
5. Law enforcement officers by the score gathered across from the protesters, wielding automatic weapons, body armor and gas masks, and an acoustic weapon mounted on an armored vehicle.2 Officers blocked off the streets around the protesters.
6. Law enforcement ordered the protesters out of the streets, and most of the
1 Fatal Force,The Washington Post. 2017. 2 The acoustic weapon is called an LRAD (Long Range Acoustic Device). LRADs were first developed for the military as a tool for ships to amplify and project noise to ward off other ships. LRADs are marketed to law enforcement for crowd control by creating discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.
2

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protesters – including Plaintiffs – complied, stepping back onto the sidewalks. 7. Law enforcement then ordered the protesters off the sidewalks, and most of the
protesters – including Plaintiffs– complied. They stepped back into the yard of Lisa Batiste, a woman who had given them permission to use her property.
8. But law enforcement said “where you are standing isn’t good enough.” They ordered the protesters to disperse – an impossible order to comply with, since the police blocked off most of the surrounding streets, had already ordered the protesters to stay off the sidewalks, and were arresting people who stepped into the streets to leave.

Figure 1:

Plaintiff Raae Pollard peacefully protesting (left) and then lifted off the ground by her throat by Defendants (right).

9. Shortly thereafter, the officers swept in en masse, violently grabbing people and throwing to the ground, pinning them, and binding their wrists painfully with plastic zipties. In their frenzy, the officers arrested a mix of protesters, reporters, and legal observers. The

3

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arrestees, including Plaintiffs, were assembled into groups. Other officers wrote Affidavits of Probable Cause using pre-fabricated forms, most of which were written with facts from a different event entirely. Plaintiffs were charged with “Obstructing a Public Passageway” or “Obstruction of a Highway” and “Resisting Arrest.”
10. Plaintiffs are thirteen protesters and two reporters arrested and jailed during this police frenzy, even though they continuously complied with police orders and had done nothing wrong. Many Plaintiffs were injured. One Plaintiff was a 17-year-old girl put in an adult prison with male inmates in violation of the Children’s Code. One Plaintiff was separated from her children, including a five-year-old who was taken from her and put into child protective services.
11. Defendants’ arrest of peaceful protesters in Baton Rouge is not a new invention. In 1961, the same story happened: Protesters gathered in Baton Rouge to speak out against racial inequality and law enforcement misconduct. They marched and then gathered on the sidewalks to make their voices heard. Baton Rouge police monitored the protest and then swept in to break up the protest. They arrested a man for alleged legal violations including “Obstructing a Public Passageway.”
12. The man took his case all the way to the U.S. Supreme Court. The Court told the City of Baton Rouge that its actions had violated the Constitution. It held in Cox v. Louisiana, 379 U.S. 536, 558 (1965) (“Cox I”) that it was “clear” that Baton Rouge law enforcement committed a “unwarranted abridgment of [the protester’s] freedom of speech and assembly secured to him by the First Amendment.”
13. But Defendants did not learn from the Supreme Court's clear and unequivocal admonishment. In 2016, they committed the same constitutional violations, using the same tactics, with some of the same criminal allegations. But this time, things are far worse: in 1961, Defendants arrested a single protester; in 2016, Defendants arrested approximately two hundred
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protesters, reporters, and legal observers. 14. This lawsuit focuses on three connected events that occurred on July 10, 2016.
The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and their separation from Tammy Cheney’s five-year-old son A.J. and their dog Kelso. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
15. Regarding the massive violation of constitutional rights that occurred on that day, Baton Rouge Police Department spokesman Sgt. L'Jean McKneely said that "[a]nyone who feels that something was unjustly done, they need to file a formal complaint."3
16. Plaintiffs know “that something was unjustly done.” Here, they accept McKneely's invitation "to file a formal complaint."
II. JURISDICTION AND VENUE 17. Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1985(3), to vindicate their rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution. Plaintiffs also bring supplemental state-law claims. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343, and 1367. 18. This case seeks remedies under 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. §§ 1983, 1985(3), and 1988. 19. Venue in this Court is proper pursuant to 28 U.S.C. § 1391 as a substantial part of
3 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.
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the events giving rise to Plaintiffs’ claims arose in the Middle District of Louisiana.

III. PARTIES

A. Plaintiffs

Table 1: Summary of Plaintiff Information

Name Blair Imani Akeem Muhammad Raae Pollard Sami Nichols Tammy Cheney Alexus Cheney Victor Onuoha Antonio Castanon Luna Nadia Salazar Sandi Karen Savage Cherri Foytlin Dr. Daniel Liebeskind Alisha Feldman Finn Phoenix Leah Fishbein

Charged With Resisting Arrest (14:108) plus: 14:97 14:100.1 14:100.1 14:97 14:100.1 14:97 14:97 14:100.1 14:97 14:100.1 14:97 14:100.1 14:97 14:97 14:97

Location of Arrest
Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Next to her car at East Blvd. and Gov. St. Next to her car at East Blvd. and Gov. St. Ms. Batiste’s lawn Sidewalk at corner of Gov. St. & Maximillian Sidewalk at corner of Gov. St. & Maximillian In the shrubbery at the McDonald's On grass between sidewalk and Ms. Batiste’s fence Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn

Role
Protester Protester Protester Protester Protester Protester Protester Protester Protester Reporter Reporter Protester Protester Protester Protester

20. Plaintiff BLAIR IMANI. Blair attended the July 10, 2016, events as a protester. Blair’s full name is Blair Elizabeth Brown; she goes by Blair Imani. Blair uses the pronoun “she.”
21. Plaintiff AKEEM MUHAMMAD attended the July 10, 2016, events as a peaceful protester. Akeem uses the pronoun “he.”
22. Plaintiff RAAE POLLARD attended the July 10, 2016, events as a peaceful protester. Raae uses the pronoun “she.”

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23. Plaintiff SAMANTHA NICHOLS goes by “Sami” and uses the pronoun “they.”4 Sami attended the July 10, 2016, events as a peaceful protester.
24. Plaintiff TAMMY CHENEY attended the July 10, 2016, events as a peaceful protester. Tammy uses the pronoun “she.”
25. Plaintiff ALEXUS CHENEY attended the July 10, 2016, events as a peaceful protester. She was seventeen at the time. Alexus uses the pronoun “she.”
26. Plaintiff VICTOR ONUOHA attended the July 10, 2016, events as a peaceful protester. Victor uses the pronoun “he.”
27. Plaintiff KAREN SAVAGE attended the July 10, 2016, events as a reporter and a member of the press. Karen uses the pronoun “she.”
28. Plaintiff CHERRI FOYTLIN attended the July 10, 2016, events as a reporter and a member of the press. Cherri uses the pronoun “she.”
29. Plaintiff ALISHA FELDMAN attended the July 10, 2016, events as a peaceful protester. Alisha uses the pronoun “she.”
30. Plaintiff ANTONIO CASTANON LUNA attended the July 10, 2016, events as a peaceful protester. “Castanon Luna” is Antonio’s last name, and he uses the pronoun “he.”
31. Plaintiff NADIA SALAZAR SANDI attended the July 10, 2016, events as a peaceful protester. “Salazar Sandi” is Nadia’s last name, and she uses the pronoun “she.”
32. Plaintiff Dr. DANIEL LIEBESKIND attended the July 10, 2016, events as a peaceful protester. Daniel uses the pronoun “he.”
33. Plaintiff FINN PHOENIX attended the July 10, 2016, events as a peaceful protester. In July 2016, Finn’s legal name was Caitlin Gaffney. Subsequently, it was changed to
4 “They” is generally used as a pronoun for people who identify as neither male nor female. See, e.g.,: Avinash Chak, Beyond 'he' and 'she': The rise of non-binary pronouns, BBC News. December 7, 2015.
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Finn Phoenix. Finn uses the pronoun “they.” 34. Plaintiff LEAH FISHBEIN attended the July 10, 2016, events as a peaceful
protester. Leah uses the pronoun “she.” B. Defendants
35. Defendant CITY OF BATON ROUGE is a political subdivision of the State of Louisiana. The city’s governing authority is consolidated with the government of EAST BATON ROUGE PARISH. (“CITY/PARISH.”)
36. Defendant PARISH OF EAST BATON ROUGE is a political subdivision of the State of Louisiana. The Parish’s governing authority is consolidated with the government of the CITY OF BATON ROUGE. (“CITY/PARISH.”)
37. Defendant MELVIN LEE “KIP” HOLDEN is an adult resident of the Middle District of Louisiana. Defendant HOLDEN was, at all relevant times, the duly elected MayorPresident of the CITY/PARISH. Defendant HOLDEN was responsible for the supervision, administration, policies, practices, procedures, and customs for the CITY/PARISH and the City’s police department. He was responsible for the hiring, training, discipline, supervision, and control of the BRPD officers who are defendants herein, including Defendant CARL DABADIE. He is sued in his individual capacity and in his official capacity as former Mayor-President of the City/Parish.
38. Defendant SID J. GAUTREAUX III is the Sheriff of East Baton Rouge Parish and is an adult resident of the Middle District of Louisiana. The office of Sheriff is an autonomous political subdivision of the State of Louisiana. Defendant GAUTREAUX is responsible for the supervision, administration, policies, practices, procedures, and customs of the East Baton Rouge Sheriff’s Office (“EBRSO”). He was responsible for the hiring, training, discipline, supervision, and control of the EBRSO command staff, supervisors, and deputies. He
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is sued in his individual and official capacities. 39. Defendant EAST BATON ROUGE SHERIFF’S DEPARMENT is a law
enforcement agency, which upon information or belief was cooperating and working with the Baton Rouge Police Department and sharing responsibility and control over monitoring protests and effectuating arrests of protesters and press.
40. Defendant CARL DABADIE, JR. is an adult resident of the Middle District of Louisiana. He is the Chief of the Baton Rouge Police Department. Defendant DABADIE was and is responsible for the supervision, administration, policies, practices, customs, and procedures of the BRPD, as well as the hiring, training, supervision, discipline, and control of police personnel under his command, including the BRPD defendants named herein. He is sued in his individual and official capacities.
41. Defendant LOUISIANA STATE POLICE is a law enforcement agency, which upon information and belief was cooperating and working with the Baton Rouge Police Department and other local law enforcement agencies and sharing responsibility and control over monitoring protests and effectuating arrests in Baton Rouge.
42. Defendant Colonel MICHAEL EDMONSON is an adult resident of the Middle District of Louisiana. On July 10, 2016, Defendant EDMONSON was the Superintendent of the Louisiana State Police (“LSP”). Defendant EDMONSON was responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his individual capacity only.
43. Defendant KEVIN REEVES is an adult resident of the Middle District of Louisiana. Defendant REEVES is the Superintendent of the Louisiana State Police (“LSP”). Defendant REEVES is responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his official capacity
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44. Defendant Sheriff MIKE CAZES is an adult resident of the Middle District of Louisiana. He is the Southern District Coordinator of the Louisiana Sheriffs’ Association Emergency Taskforce. Defendant CAZES is sued in his individual capacity only.
45. Defendant LOUISIANA SHERIFF’S ASSOCIATION (“LSA”) is a nonprofit corporation comprised of the 64 sheriffs of Louisiana, along with as many as 14,000 deputy sheriffs. LSA is headquartered in and therefore domiciled in the Middle District of Louisiana. Defendant GAUTREAUX was the President of the LSA at the time of the protests and Plaintiffs’ arrests. On information and belief, the LSA’s Emergency Task Force actively coordinated the law enforcement response to the protests of the shooting of Mr. Alton Sterling.
46. Defendant OFFICER LAPEYROUSE is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
47. Defendant OFFICER WALKER P10177 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
48. Defendant OFFICER J. E. ALCEO is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
49. Defendant OFFICER R. SIMENEAUX is an officer who seized, arrested, used 10

Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 11 of 83 force on, or wrote up p one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
50. Defendant OFFICER NATHAN ALEXANDER is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
51. Defendant OFFICER THOMAS is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
52. Defendant SGT. DEROUCHEWALT 7021 is an officer who seized, arrested. used force on, wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
53. Defendant OFFICER CURTIS WAN P1057 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
11

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54. Defendant OFFICER T. GIROIR P10410 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
55. Defendant OFFICER A. BELL P10508 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
56. Defendant OFFICER O.N. 0420 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
57. Defendant DETECTIVE 10128 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
58. Defendant OFFICER CAT is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 13 of 83 with one or more Plaintiffs. She is also described in this complaint as the “purple-shirted officer” and is depicted as follows:
59. LAW ENFORCEMENT DOES 1 – 500 are persons presently unknown to Plaintiffs after diligent search and inquiry. OFFICER DOES 1–500 serve as Officers of the BRPD, EBRSO, LSP, and other law enforcement agencies who were involved in the suppression of dissent through the use of excessive force, intimidation, and illegal arrest of protesters in Baton Rouge in July 2016. DOES include the officers who seized and used force on Plaintiffs, as well as the officers who wrote up Plaintiffs’ false affidavits of probable cause. After diligent search and inquiry, Plaintiffs are currently unaware of the extent of the policy-making authority held by specific law enforcement officers who were physically present for the arrests and incarceration of the Plaintiffs. For this reason, Plaintiffs sue the DOES above in both their individual and official capacities.
60. Defendant ATLANTIC SPECIALTY INSURANCE COMPANY is an insurer, who, on information and belief, provides liability coverage to Defendant East Baton Rouge
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Sheriff’s Department. Atlantic Specialty Insurance Company (NAIC # 27154) is domiciled in the state of New York, and has a license to be an Admitted Insurer in Louisiana.
61. Defendant INSURANCE COMPANY DOES 1 – 100 are as yet unknown insurance companies, who, upon information and belief, have issued and currently have in effect one or more policies of insurance covering one or more of the Defendants named herein.
62. All of the Defendants (aside from the insurance companies) named in this complaint acted under color of state law at all relevant times.
IV. STATEMENT OF FACTS A Brief History of Defendants’ Law Enforcement Misconduct 63. Baton Rouge law enforcement has a long history of misconduct and suppression of civil liberties. As described above, BRPD’s 1961 suppression of a peaceful protest and arrest of Reverend Elton Cox resulted in a U.S. Supreme Court opinion holding that it was “clear” that Rev. Cox’s First Amendment rights had been violated. Cox v. Louisiana, 379 U.S. 536 (1965). 64. A year later, tensions between law enforcement and the Baton Rouge community escalated after the alleged killings of two Black students by EBRSO deputies at a protest on the campus of Southern University in 1972. 65. In 1980, the City of Baton Rouge and several dozen other municipal defendants were placed under a federal consent decree intended to remedy racially discriminatory hiring practices of a class of Louisiana police and fire departments, including the BRPD. In the decades since, nearly every municipal defendant reached compliance with the consent decree and was dismissed from the case – but not the City of Baton Rouge. 66. In September of 2005, the population of Baton Rouge swelled as many residents of New Orleans, a majority Black city, sought refuge from Hurricane Katrina and the resultant flood. The Michigan State Police and New Mexico State Police both sent troopers to assist the
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BRPD in policing the city’s rapidly growing population. 67. Within three days of the troopers’ arrival, both state police agencies had ordered
their troopers to cease operations with BRPD after the troopers witnessed and complained of egregious misconduct and potentially criminal actions by BRPD officers. One state trooper from Michigan said Baton Rouge police attempted to thank him for his help by letting him "beat down" a prisoner.5 A spokeswoman for the Michigan State Police told a reporter that “troopers observed Baton Rouge police officers engage in actions that were an affront to their sense of dignity and respect.”
68. Members of both the Michigan State Police and the New Mexico State Police shared observations and concerns that were compiled in a formal letter of complaint to the BRPD.6 One Trooper reported that “I personally believe that most of the Baton Rouge Police Department are good officers that are being directed by their supervisors to crack down on the public. I don’t know if they have been given any type of direction as to what is right or wrong.”7
69. As writer Jarvis DeBerry put it: “So that's what we're dealing with: a police department whose behavior worried other law enforcement officials and whose leadership has been more defensive than responsive to the claims of racist policing.”8
70. Examples of reported BRPD misconduct included multiple instances of excessive force, including force directed at minors, through the use of tasering, hitting, choking, and pepper spraying of residents, without warning or threat to the safety of officers or civilians; searches of individuals and their vehicles without reasonable suspicion or probable cause; and possibly falsifying information in police reports.
71. The Baton Rouge Police Department, under the direction of Defendant Holden 5 Jarvis DeBerry, Before killing Alton Sterling, Baton Rouge police had a history of brutality complaints, The Times-Picayune, July 6, 2016. 6 The report is attached here as Exhibit A. 7 Id. at 9. 8 DeBerry, supra.
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and predecessors in office of Defendant Dabadie, also resisted efforts of media and public interest advocates to gain information regarding these post-Katrina abuses, as part of an ongoing effort to cover up and conceal officer misconduct, and to promote the police code of silence.
72. In 2006, as part of the effort to cover up and conceal allegations of race-based officer misconduct and to promote the police code of silence, the City/Parish and the BRPD actively resisted public records requests and a Public Records Law enforcement action filed by The Advocate newspaper seeking access to the Internal Affairs Division investigative report. Defendant Dabadie’s predecessor in office authorized a meritless countersuit to delay and thereby shield investigation records from public view, while imposing high costs on the newspaper.
73. Also in 2006, Defendant Mayor Kip Holdren denied the NAACP’s suggestion of a civilian oversight board for police.
74. In 2011, then-BRPD Chief Dewayne White publicly stated that ten percent of the department’s officers failed to exercise basic levels of professionalism, and that “it’s become so ingrained” in the minds of some officers that they “believe that everybody they come across or most people they come across with that color of skin is probably a criminal.” Defendant Mayor Holdren fired Chief White in 2013 and hired Defendant Dabadie in his place.
75. In September 2014, a series of racist text messages sent by a BRPD officer to a civilian were published. In the messages, the officer, a fifteen-year veteran of the department, referred both to Black colleagues and civilians with racial epithets, and stated, inter alia, “I wish someone would pull a Ferguson on them and take them out. I hate looking at those African monkeys at work . . . I enjoy arresting those thugs with their saggy pants.”
76. The officer was placed on administrative leave by BRPD and resigned before any disciplinary action was taken against him by the Department. On information and belief, no
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action was taken by Holden, Dabadie or the City/Parish to determine the extent of similar
attitudes among other BRPD officers. Defendant Dabadie stated publicly that there was no need
to do so, because the issue was confined to the lone officer. Defendant Dabadie’s conclusion is
belied by more recent stories, including reporting that a White BRPD officer texted his
colleagues protests a picture of a chimpanzee and the phrase “chimp out” in the context of the Alton Sterling protests.9
77. BRPD has also had a policy, practice, or custom of excessive use of force. Recent
allegations include:
(a) a 2007 arrest on a complaint of “loud music” with pepper spray and force that caused the rupture of the arrestee’s bladder;
(b) a 2008 arrest for smoking marijuana that fractured the skull of the arrestee causing internal bleeding and permanent brain damage;
(c) a 2011 incident in which an officer instructed a man, who advised the officer he was intoxicated, to move a vehicle away from the scene of the arrest; when the drunk driver crashed the car, the officer shot him to death and shot a bystander in the arm;
(d) a 2014 incident in which BRPD officers strip-searched a visitor to a home which was being searched by the officers, then kicked the visitor with such force that his head slammed into the floor, knocking several teeth out of his mouth;
(e) a 2015 incident in which two members of the news media were handcuffed, and one arrested, for taking pictures of an arrest;
(f) a 2016 incident caught on video in which a sixteen-year-old was held down by multiple officers while one officer repeatedly punched him in the head;10 and (g) the shooting death of Alton Sterling in July 2016.11
78. In recent years, suits against the City/Parish for BRPD’s excessive uses of force
and unconstitutional arrests have resulted in sizeable yearly settlements by the Parish Attorney.
For example, the City/Parish paid $372,434 to settle such cases in 2015, $581,286 in 2014, and
9 Jim Mustian, Baton Rouge Officer suspended after alleged racial message about Alton Sterling protests, The Advocate, May 22, 2017. 10 DeBerry, supra. 11 See Andricka Williams v. The City of Baton Rouge, 19th Judicial District Court.
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$437,112 in 2011. 79. Similar to BRPD, the East Baton Rouge Sheriff’s Office has its own history,
extending decades before the July 2016 protests, of excessive force and unconstitutional arrests. More recently, allegations of excessive force and unconstitutional arrest leveled against EBRSO and Defendant Gautreaux have included multiple instances of excessive force through the inappropriate use of tasers, unconstitutional use of mace, and punching and kicking arrestees without justification. Some of these allegations are documented in the following cases: Davis v. East Baton Rouge Sheriff’s Office, Civil Case No. 08-00708 (M.D. La.) (resolved in private settlement); Martinez v. Gautreaux, Civil Case No. 10-00847 (M.D. La.) (resolved in a private settlement); Plaisance v. East Baton Rouge Sheriff’s Office, Civil Case No. 16-00365 (M.D. La.) (ongoing).
80. During Defendant Edmonson’s tenure, the Louisiana State Police have also exhibited excessive force and unconstitutional arrest. While LSP does not typically patrol municipalities, a pattern of unconstitutional excessive force and illegal arrest has rapidly emerged in the brief time that Defendant Edmonson has directed LSP in the provision of policing services in the City of New Orleans. Suits filed against the LSP since early 2013 allege that members of LSP, under the direction of Defendant Edmonson, have:
(a) physically and verbally abused two Black teenagers without provocation or lawful justification, desisting only when one of the teen’s mother, a New Orleans Police officer, arrived and intervened; (b) pulled over, shoved to the ground, kicked, and threatened with firearms internationally renowned musician Shamarr Allen while searching for a Black drug dealer – apparently based solely on Allen’s race; (c) manhandled, tased, and verbally and physically assaulted Michael Baugh, a Black barber, causing significant injury, apparently based on his being of the same race as four suspects (Baugh matched no other part of the suspects’ description).
81. Some LSP arrest reports involving officer uses of force show that the LSP
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troopers write up the arrest report and then later rewrite the report to add allegations of resisting arrest.
BRPD Shot and Killed Alton Sterling, the Community Began to Make Its Voice Heard, and Law Enforcement Implemented a Plan to Silence Them
82. The July 5, 2016, killing of Alton Sterling was documented on video. The video showed Mr. Sterling being forcibly restrained on the ground and then shot. Mr. Sterling’s death provoked local, national, and international outrage.
83. By the evening of July 6, 2016, Baton Rouge residents gathered for daily and nightly vigils and peaceful protests at various locations throughout the city. Some paid their respects in front of the Triple S Food Mart where Mr. Sterling was killed. Many protested on a sizeable grassy lot on Airline Highway, across the street from the headquarters of the BRPD.

Figure 2:

Community members gather at the Triple S. (Photo by Marco Poggio, a photographer working with Plaintiff Karen Savage.)
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84. In response to the large and growing protests and the national spotlight on protesters’ nonviolent, lawful resistance, Defendants, led by Defendants Holden, Dabadie, Edmonson, Gautreaux and Cazes, developed and implemented a strategy. Their strategy was to silence this peaceful and lawful exercise of First Amendment rights through intimidation, excessive force, and illegal arrests and detention. Other law enforcement agencies not currently known to Plaintiffs, joined Defendants in this endeavor.
85. Between July 8 and 10, 2016, Baton Rouge area law enforcement officers and their agents – including BRPD, EBRSO, LSP, deputy sheriffs of surrounding parishes, and including but not limited to the currently unknown Law Enforcement DOES - put this plan into action. In furtherance of the above objectives, the Defendants unlawfully arrested approximately 200 protesters as they engaged in peaceful protest protected by the First Amendment.
86. At the same time, Defendants were downplaying their response to protesters. “We do not want to appear to have a military-style response,” Defendant Dabadie said during a news conference early on July 9th, 2016. “We’re there, we’re around, and we’re keeping everything safe, but we’ve tried to be respectful and reduce our presence at these events.”12 As the arrests of peaceful protesters were occurring, Defendant Col. Mike Edmonson said he thought his troopers “did well.”13
87. But by the evening of Saturday, July 9th, Defendants had escalated their actions towards the peaceful protesters. Huffington Post senior crime reporter David Lohr stated that “one thing I noticed today as opposed to yesterday Figure 3: Protester Javier Dunn was beaten so
badly by Defendants on July 9, 2016 that his eye socket was fractured. A sheriff’s employee told him “'that's what y'all get when you protest.”1 12 Amy Wold, Bryn Stole, and Maya Lau. See photos, video as Baton Rouge police officer draws gun, tensions rise at Alton Sterling protest Friday night, The Advocate, July 9, 2016. 13 Id. 20

Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 21 of 83
is that [officers] were certainly more willing to pull their firearms out.” He also reported that “[a]n officer just pointed a machine gun at me . . . I’m not quite sure what that female officer was doing; she pointed an assault rifle at us.”14
88. One witness reported that she heard “an order over the police radio: ‘I don’t care what they’re doing… grab as many as you can. I don’t care if they’re on the grass or not.’”15
89. Protester Javier Dunn was arrested by Defendants and beaten so badly that they fractured his eye socket – although his Affidavit of Probable Cause stated that he was arrested “without incident.” One of Defendants’ employees said “'that's what y'all get when you protest.”16

Figure 4:

On July 9, 2016, Defendant Officer Cat points her assault rifle at protesters and a reporter. (Photo by Plaintiff Karen Savage.)

14 Lilly Workneh & David Lohr, Baton Rouge Cop Points Assault Weapon At HuffPost Reporter, Protesters, Huffington Post, July 10, 2016. 15 Affidavit of Yakeista Hughes. North Baton Rouge Matters v. City of Baton Rouge, M.D. La. 16-cv00463-JWD-RLB (“NRBM”) R. Doc. 2-6 at 16. 16 Bryn Stole, Protester claims he was beaten by Baton Rouge police during Alton Sterling demonstration. The Advocate, July 14, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 22 of 83 90. By that night, the jail was so full of protesters that the wardens had run out of
blankets and handcuffs.17 91. On Sunday, July 10, 2016, the human rights group Amnesty International sent an
open letter to the Baton Rouge police department, urging it to use more restraint and respect the rule of law in dealing with protesters.“We would remind you that police authorities are required to act in accordance with international human rights standards and the U.S. Constitution,” the letter read. “Specifically, law enforcement must ensure that any decision to disperse an assembly is taken only as a last resort and carefully in line with the principles of necessity and proportionality.”18 But Defendants did not heed Amnesty International’s reminder of their constitutional duties.
92. Three primary incidents occurred that Sunday that give rise to Plaintiffs’ claims. The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the separation and arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and the seizure of Tammy Cheney’s five-year-old son. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
17 Abigail Hauslohner, Robert Samuels & Ashley Cusick, As arrests mount in Baton Rouge, protesters question police tactics, Wash. Post, July 10, 2016. 18 Id.
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Plaintiffs Were Arrested at the Peaceful Protest at France Blvd. and East St., Even Though They Continuously Complied With Law Enforcement Orders 93. On July 10, 2016, a peaceful, youth-led march to the State Capitol was organized. Participants marched from a church to the Capitol, and then gave speeches on the steps of the Capitol building.

Figure 3:

Heads are bowed at the prayerful protest on the steps of the state capitol building.

94. Afterwards, the participants marched back down Government Street. When they reached the intersection of Government Street and East Boulevard, they had to stop because law enforcement had set up a roadblock. The officers directed the marchers to get off of Government Street.
95. At about 5:40 p.m., the marchers complied and turned right onto East Blvd. A block down, the protesters stopped and gathered at East Blvd. and France Street. The protesters there peacefully exercised their First Amendment rights to sing, pray, and hold up signs.

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Figure 6:

Plaintiffs Raae Pollard, Blair Imani, and Akeem Muhammad make their voices heard at East & France.

Figure 7:

Plaintiff Blair Imani stops to pray.

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96. Present at the protest was a corps of legal observers, trained by the National Lawyers Guild to observe and document the protest and law enforcement’s response. The legal observers can be identified in photos and videos by their fluorescent green hats.
97. Around 6:00 p.m., legal observers saw police staging at the end of Europe Street.19 Shortly thereafter they saw approximately 40 to 50 police officers form a military-like formation on France Street, including an armored vehicle operated by an officer with a rifle.20

Figure 8:

A still image from a video shows Defendants in tactical gear blocking France Street. The armored vehicle with a mounted LRAD acoustic weapon is behind the officers.

98. Professor Bill Quigley, an attorney and law professor at Loyola University New Orleans, was present as a legal observer. He introduced himself to an officer and was directed to talk with the officer in charge.21 When Professor Quigley asked the officer how he could help, he was told to tell people they had to clear the street in ten minutes or law enforcement was going to start arresting people. Professor Quigley and another legal observer relayed this

19 Affidavit of Hannah Adams, NRBM, R. Doc. 2-3 ¶ 5. 20 Id. at ¶ 6. 21 Affidavit of Professor Bill Quigley, NRBM, R. Doc. 2-8 ¶ 4.
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information to the protestors. Most of the protesters complied and began leave the street. 99. Lisa Batiste, whose yard was right at the corner of East and France, gave her
permission to the protesters to stand in her yard.22 Law enforcement was informed of this fact.23 Ms. Batiste later explained: “I just wanted them to have a safe place to voice their opinions.”
100. All of the Plaintiffs who were present24 complied with the police order to clear the streets. They stepped back onto the sidewalks, Ms. Batiste’s yard, and the grassy strips between the sidewalk and street. 25

Figure 9:

The Protesters – including Plaintiffs – comply with Defendants’ orders to stand clear of the streets.

101. Some protesters remained in the streets and linked arms in opposition to the

police. No Plaintiff was among this group.

22 Affidavit of Adina Marx-Arpadi, NRBM, R. Doc. 2-3 at 10, ¶ 11; Affidavit of Jenna Finkle, NRBM, R. Doc. 2-5 at 14, ¶ 4; Aff. of Hannah Adams, supra, ¶ 8; Affidavit of Shaena Johnson, NRBM, ¶ 8; Video of Ms. Batiste available on Dropbox and incorporated into this complaint. . 23 Affidavit of Alissa Luis, NRBM, R. Doc. 2-7 at 9, ¶ 11. 24 Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Karen Savage, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein. 25 A video by the Associated Press shows this. The video can be downloaded from Dropbox here and is incorporated into this complaint.
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Figure 10: The protesters, including Plaintiffs Raae Pollard, Sami Nichols, and Blair Imani, stand well back from the street.
(Photo by Patrick Melon, Antigravity Magazine.)

102. Law enforcement then ordered the protesters off the sidewalks.26 Plaintiffs

complied, stepping back into Ms. Batiste’s yard.

103. The police proceeded down France Street towards East Boulevard in line

formation with an armored vehicle,

assault rifles, rubber bullet guns, gas

masks, shields, and a vehicle-mounted Long-Range Acoustic Device”

Lines of police in riot gear

(“LRAD”). An LRAD is a weapon which creates a painfully loud sound.27

104. The protestors were now surrounded by law enforcement in three

Protesters assembled in Ms. Batiste’s yard

directions.28

26 Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 14. 27 Aff. of Hannah Adams, supra, at ¶ 6.
28

Figure 11: Diagram of protesters surrounded by lines of police in riot gear, as shown in a video taken by Victor Onuoha. The video can be downloaded from Dropbox here and is incorporated into this complaint.

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105. On video, Plaintiff Victor Onuoha pointed out how they are surrounded – he said
there are police “left, right, and dead in front of us.”
106. Defendants then gave conflicting instructions, telling protestors both to (1)
disperse because their assembly was now unlawful and (2) that people in the street and on
sidewalks would be arrested.29 (This is conflicting because use of the streets and sidewalks
would be necessary to disperse.) On video, Defendants can be heard to order the protesters on
private property that “you must leave now.”30 But they also told the protesters: “[Y]ou cannot
leave. If you try to step into the street, we will arrest you.”31 Some protesters who attempted to
leave the area were chased, tackled, tasered, and arrested. 32
107. On video, the police can be heard to say: “we understand you want to protest, but
this is not the time or place.”33 They did not, however, give any indication what the proper time
or place to protest was, or why this time and place was not permitted.
108. Although the character of the protest had not changed,34 law enforcement
announced via megaphone: “THIS IS NO LONGER A PEACEFUL PROTEST.”35
109. One protester, Crystal Williams, described the situation:
Many protesters froze when the police started arresting folks. That is when people went into the lady’s yard and froze in place because they didn’t know where to go. People
29 Aff. of Hannah Adams, supra, R. Doc. 2-3 at 7; Aff. of Lily Ann Ritter, R. Doc. 2-9 at 13; Aff of Colette Tippy, R. Doc. 2-9 at 17. See also a video entitled BRPD Terrorizes Nonviolent Protestors -07.10.16 at 1:34. The video is available for download on Dropbox and is incorporated into this complaint. 30 Video of Victor Onuoha Arrest at :50. The video is available for download on Dropbox and is incorporated into this complaint. 31 Aff. of Crystal Williams, NRBM, R. Doc. 2-3 at 3; R. Doc. 2-10 at 3; Aff. of Legal Observer Emily Faye Ratner, NRBM, R.Doc 2-9 at 4. 32 Aff. of Sarah Marcello, NRBM, ¶ 8. 33 BRPD Terrorizes Nonviolent Protestors -- 07.10.16 at 3:07. 34 Legal observers testified to the consistently peaceful nature of the protest. Aff. of Legal Observer Alissa Luis, NRBM, R. Doc. 2-7 at 10 (“I observed the protesters acting in a peaceful and non-violent manner”); Aff. of Legal Observer Andrew McDaniel, NRBM, R. Doc. 2-8 at 3 (“The protests were completely peaceful.”); Aff. of Legal Observer Emily Faye Ratner, NRBM, R.Doc 2-9 at 4 (“Everyone in the yard was very peaceful, and tried to be very respectful of the homeowner.”). 35 Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 3; Aff. of Marquita Christy, NRBM, R. Doc. 2-5 at 8.
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were afraid to move or even walk by police arresting others.36 110. Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community
and a certified mediator and community-police mediator trainer, tried to meet with the ranking officers and explain that the warnings could not be heard on the sound system. Her attempts at dialogue were rejected.37 According to Sister McCrary, “I asked Major Cain and Sergeant D. Coppola of the Baton Rouge Police Department five times each if they would be willing to negotiate a compromise. They repeatedly said no. I also asked other ranking officers if they would be willing to negotiate a compromise. They repeatedly said no.”38
111. The protesters did not understand how to comply with Defendants’ conflicting orders. According to legal observer Lilly Ann Ritter, “I also heard police officers tell people that they needed to disperse several times. However, police were blocking all surrounding intersections and there was nowhere for people to go. Protesters who wanted to leave were not able to do so.”39 According to witness Adina Arpadi, “Protesters were not sure what the police wanted them to do. It was clear to me that they wanted people to clear the street, but I think some people couldn’t hear the instructions. Also, people were not sure where to go, and orders concerning how long people had to clear the street were conflicting.”40 According to another protester, the “police kept saying that we weren’t allowed to be in the street and we weren’t allowed to block public passages, though they did not indicate what ‘public passage’ meant.”41 As one protester explained, “Some of the police instructions were vague and confusing. We were told to get out of the street, then after complying we were told to back up on the sidewalk, after complying with that, when people were in the yard it was stated over the PA “that’s not good
36 NRBM, R. Doc. 2-10. 37 Aff. of Legal Observer Sister Alison McCrary, NRBM, R. Doc. 2-7 at 14, ¶¶ 28-37. 38NRBM, R. Doc. 2-7 at 17. 39Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13. 40 Aff. of Adina Arpadi, NRBM, R. Doc. 2-3 at 10.) 41 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 2.
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 30 of 83 enough.”42 (Video confirms this. Over a megaphone, an officer says “You must leave now or you will be arrested. Where you are standing is not good enough.”)43
112. Others could not hear the orders at all. One legal observer reported, “I do not recall hearing any instruction by law enforcement to clear the street, or any instruction about where people could or could not be standing.” 44 Another said, “The officers were speaking through their gas masks, so it was very difficult to understand what they were saying. I frequently turned to people around me to ask if they had heard what the officers said.”45
Figure 12: A mass of officers in riot gear threaten Sami and Raae, who have complied with police orders to clear the street and sidewalk. 113. There was no way for the protesters to comply with law enforcement’s shifting demands. A legal observer reported that “Once virtually everyone that I could see was in the yard instead of on the street or sidewalk, the police again instructed everyone to disperse. Protestors called loudly to the police, explaining that the residents of the home had given them 42 Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8. 43 The video is incorporated into this Complaint and is available to download on Dropbox here. 44 Aff. of Legal Observer Emily Faye Ratner, NRBM, R.Doc 2-9 at 4. 45 Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13.
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permission to peacefully protest there. Over the loudspeaker, an officer responded by saying ‘Where you’re standing isn’t good enough.’” 46 As Sister McCrary put it, “There was no place for the protesters to disperse to.”47
114. Demonstrators who did leave the sidewalk to go to their cars in an attempt to comply with the dispersal order were “tackled to the ground and violently arrested.”48 “The police did not explain over their loudspeaker how people could safely leave without facing arrest.”49 On video, a woman can be heard saying “they have us blocked in… we can’t go anywhere. We can’t leave this yard, we’re blocked in.”50
115. One protester attempted to leave, and told an officer “that he needed to get to his car to go to work. As he walked to his car, police officers arrested him.”51
116. Protesters asked the legal observers how they could safely exit the situation, but the legal observers said “no one could tell us how people could safely exit without risking arrest. The police did not explain over their loudspeaker how people could safely leave without risking arrest. Based on what I could see and the texts I was receiving from other Legal Observers, it seemed that we were surrounded by police and there was no egress where one might not face being tackled and/or arrested.”52
117. Defendants, with no additional provocation, then took action. They swept onto Ms. Batiste’s property en masse, violently grabbing people and throwing them to the ground, pinning them, and binding their wrists

46 Aff. of Legal Observer Ratner, supra, R.Doc 2-9 at 5. 47 Aff. of Legal Observer McCrary, supra, R. Doc. 2-7 at 16. 48 Id. at 19. 49 Aff. of Legal Observer Ratner, supra, R.Doc 2-9 at 5. 50 Video of Victor Onuoha Arrest, supra, at :19. 51Aff, of Legal Observer McDaniel. R. Doc. 2-8 at 3. 52 Aff. of Legal Observer Ratner, supra, R.Doc 2-9 at 5.
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Figure 13: A still image from a video taken by Plaintiff Victor Onuoha moments before his arrest shows Defendants sweeping into Ms. Batiste’s yard. It also shows that Victor was standing well back from the street and sidewalk, in compliance with Defendants’ orders.

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painfully with plastic zipties. Video shows them pushing screaming protesters off of Ms. Batiste’s lawn, ordering “go back, just go back.”53 Another video shows police charging Ms. Bastile’s lawn and ordering “you must leave now.” A woman screams, confused “and go where? And go where?”54

Figure 14:

A still image from a video of Defendants swarming Ms. Batiste’s yard. In the foreground, officers can be seen dragging Plaintiff Blair Imani off of the grass.

118. At one point, at least a dozen police crowded onto Ms. Batiste’s porch, where

they grabbed and pulled protestors standing inside the home’s open doorway and forced them out of the house and off the porch.55 Ms. Batiste explained to the police that the protesters had her consent to be there, but they ignored her.56

119. During all this, Defendants refused to identify themselves to protesters. A legal

observer reported that “Many officers were wearing riot gear and had their names taped over, so

53 Video entitled 2016.7.10 - Video of Protest from @lizzkatherine_ at 1:28, incorporated into this Complaint. 54 Video of Victor Onuoha Arrest, supra. 55 Aff. of Legal Observer McCrary, R. Doc. 2-7 at 16, ¶ 53; Aff. of Shani Mandisa Moore-O’Neal, NRBM, ¶ 19; Aff. of Legal Observer Ratner, . of Emily Ratner, R.Doc 2-9 at 5, ¶¶ 22-24. 56Video entitled 2016.7.10 - Interview with Ms. Batiste - Protesters had her consent, police did not, incorporated into this Complaint.
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I could not identify who they were.”57 One protester reported that “Police would laugh and mock when we would ask for their names and badge numbers… They’d say ‘you’re so stupid, that’s not how this works.’”58
120. It was during this police frenzy that Plaintiffs Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein were arrested. Plaintiff Karen Savage was arrested a block away, as she attempted to comply with the dispersal order.

Figure 15:

Plaintiff Raae Pollard is seized by the throat by Defendant and surrounded by officers in tactical gear. Raae’s feet are off the ground in this picture. (Photo by the Times-Picayune.)

121. A witness, seeing what was happening, cried “This is insane! These were all the people who were keeping us out of the streets!”59

57 Aff. of Legal Observer Luis, supra, R. Doc. 2-7 at 9. 58 Sophie Kosofsky, protester arrested on July 10. R. Doc. 2-7 at 3. 59 See Video from the Facebook Page of Kelly Orians at 2:52. The video can be downloaded from Dropbox here and is incorporated into this complaint.
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 34 of 83 122. A beat-by-beat photographic timeline of these events is attached to and
incorporated into this Complaint as Exhibit B.

Figure 16:

Plaintiff Blair Imani is arrested and dragged off of Ms. Batiste’s lawn. She is afraid she will be taken out of sight of cameras and observers and beaten. (Photo by The Advocate.)

Defendants Used Violence on the Protesters and Press
123. In their frenzy, the officers arrested a mix of protesters, reporters, and legal
observers. The arrests were extremely violent, as indicated by the following contemporaneous,
sworn descriptions by protester-witnesses and legal observers:
124. “At some point the police began lunging and arresting people seemingly at random. The people arrested were violently pushed to the ground and restrained.” Aff. of Hannah Adams, NRBM, R. Doc 2-3 at 7.
125. “We were slammed to the ground. One man got a concussion. Another got a twisted ankle. The police had their batons out.” Aff. of Octavio Hingle-Webster, NRBM, R. Doc. 2-6 at 6.

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126. “I watched as the cops brutally tackled, shoved, and arrested protesters. I saw a cop grab someone and throw them on the ground; I saw a cop throw someone and let them go. The first thing I saw was a cop literally tackling someone to the ground and handcuffing them; they were being extremely aggressive.” Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4.
127. “Some of the people being arrested would have four to five cops attacking that one person. Also some of the people arrested in the yard and on the outside of the fence were thrown to the ground very aggressively.” Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8.
128. “I was moving backwards, not running, when I was tackled from the side by a police officer. I did not see him coming. He tackled me with excessive force, ripped my backpack off and threw it on the ground.” Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 15.
129. “I looked back, and the police had knocked down a white woman who was behind us trying to get into the McDonald’s parking lot. They choked her and threw her into a police vehicle. It all happened very quickly, and there was a group of police who snatched her.” Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 2.
130. “In this group [of 12 arrestees]. one of the arrestees was bleeding profusely from the left side of his head. I was able to discern the bleeding from my post on the corner of Government St and East Blvd., approximately 100 feet away.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 11.
131. “I observed multiple officers tackle, hit and hold down one protester… I observed several officers tackle and hold down two protesters on the corner of Government St. and Maximillian St., approximately five officers per person. I observed hordes of officers tackle, grab, pull and throw down several protesters on East Blvd. I witnessed several officers sitting and kneeling on protesters backs, necks, and heads… I witnessed many with hands high in the air being thrown to the ground.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12.”
132. “I saw officers use tear gas, batons, and rubber bullets on demonstrators . . . There were clear injuries to demonstrators and I did not see anyone treated by a medic. Some people were limping and others had visible scratches. I saw excessive use of force as officers used their fists to beat people down, jump on top of demonstrators, and hit demonstrators with their weapons. I saw multiple police officers tackle individuals by simultaneously jumping on top of one person at a time… Military-grade assault rifles or AK-47s were pointed at demonstrators heads as officers had their fingers on the

35

Figure 17: Plaintiff Victor Onuoha is

arrested as another protester is

thrown to the ground.

Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 36 of 83
trigger.” Aff. of Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community and a certified mediator and community-police mediator trainer, NRBM, R. Doc. 2-7 at 18.
133. “I heard the sound of some sort of collision, as if someone had fallen very hard on the pavement. When I looked in the direction of the sound, I saw a Black man lying face-down on the pavement…. At least one and I believe two officers were on top of him. Based on the sound I heard and the man’s position as well as the force of the officer or officers on top of him – and how quickly they were on top of him – it was clear to me that he had been tackled face-first into the pavement. . . . At about this time [when people were running away from law enforcement from the yard] I was shoved hard from behind, and nearly fell on the ground… an officer in a black uniform but not wearing a riot mask had shoved me… the other officer in black then shoved a woman named Shannon, who was Legal Observing with me. …It was entirely unclear to me why he chose to shove her instead of going around her. Similarly, when I was shoved, the officer who shoved me immediately moved in the opposite direction of me, so it was unclear to me why he needed to first shove me and then turn around and go the opposite way.” Aff. of Emily Faye Ratner, legal observer, NRBM, R.Doc 2-9 at 3-6.
134. “I observed a police officer tackle a light-skinned Black man wearing light colored suit pants and a formal button-down shirt and force him down on the ground… The force they used seemed very excessive. I did not see him try to resist arrest in any way and was unsure why he was pushed to the ground. It seemed that he had been targeted.” Aff. of Lily Ann Ritter, legal observer, NRBM, R. Doc. 2-9 at 12.
The Arrest of Tammy and Alexus: A Family Torn Apart
135. When she heard about the death of Alton Sterling in July 2016, Tammy was
traveling through Louisiana with her seventeen-year-old daughter Alexus, her five-year-old son
A.J., and their dog Kelso. They had been exploring the country, seeing historic landmarks and
natural sights, and were on their way back home to North Carolina.
136. Partly because of her personal experience, Tammy’s heart went out to the Sterling
family when she heard of Alton’s death. She wanted to stand with them. She also wanted to give
her children a way to understand what was happening.
137. So on July 8, 2016, Tammy, Alexus, and A.J. attended a peaceful protest in New
Orleans about the shooting. It was the first protest any of them had ever been to. Hundreds of
people gathered in Lee Circle to make their voices heard. NOPD monitored the situation, but
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allowed the protesters to exercise their First Amendment rights without interference or arrests.60

138. The New Orleans protest was so moving that the family decided to attend the

children-led march planned for that Sunday in Baton Rouge.

139. On July 10, 2016, Tammy, Alexus, and A.J. attended the peaceful protest at the

state capitol building in Baton Rouge. Alexus described it later as being “surrounded by so much

love and peace.” After the protest, they marched back to the church where they had begun, ate

some food, and then got back in their car intending to continue their trip to North Carolina.

140. They followed the route Google Maps told them to take, but when they got to East

Blvd. and Government St., the police had blocked off the road. So they pulled into a parking lot

to wait until the road reopened and the traffic lessened.

141. Alexus decided to go around the corner to videotape what was happening. Tammy

stayed at the car with A.J., standing on her car and holding up a sign with a political quote on it.

142. Alexus joined the protest at East and France. When she

heard the police tell everyone to get on the sidewalk, she moved to the

sidewalk. Then she heard the police say if they were on the sidewalk, they

would be arrested, so Alexus moved into Ms. Batiste’s yard. Then she

heard the police order the protest to disperse, so she left and returned to the

car and joined her mother.

143. Tammy began to see officers with gas masks and shields

going down the road. She told A.J. to get in the car and lock the doors.

Alexus returned to the car. Tammy told her “Alexus, get in the car and I’ll

be right back – I’m going to take a couple more pictures and then we’ll

Figure 18: Alexus is dragged away from the car where she was watching her five-year-old brother A.J. and her dog Kelso.

60 Wilborn P. Nobles III, Hundreds gather at Lee Circle rally. New Orleans Times-Picayune, July 8, 2016.

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leave.” She walked a short distance from the car to videotape the scene. According to a witness, Tammy stepped away from the car for no more than a “minute, minute and a half.”61
144. As soon as Tammy stepped away, three police officers walked up to Alexus. They told her that they had seen her “on the front lines” and that they had seen her flicking them off. They said that Alexus “owed them” for not arresting her and that

they could arrest her if they wanted to. Then they did arrest her. 145. As she was being taken away, Alexus screamed
“MOM” and told the people around her mother’s name. The crowd began to shout “Tammy!” and “Let her go! Let her go!” repeatedly.62

Figure 19: Tammy runs back when she hears her daughter screaming.

146. Tammy ran back to the car. A line of officers

stopped her and said “No, you can’t go this way. Go back.” A

woman there was telling the officers, “She didn’t do anything.

She didn’t do anything. They took her . . . that’s a minor.”

Tammy said, “They took who? They took who? They took my

kid? My seventeen-year-old?” She asked the police officer,

“Did they take my daughter?” An officer responded, “If that’s your daughter, she’s going to be there quite a while.”
147. The woman told the officers, “She didn’t do

Figure 20: Tammy complies with the officer’s order to stay in place, while asking about her daughter.

61 Karen Savage, Family Torn Apart By Police During Baton Rouge Protests, Juvenile Justice Information Exchange, August 2, 2016. 62 From this point through paragraph 148, the incident was captured on video by a camera in Tammy’s hand. It can be downloaded from Dropbox here, and is incorporated into this complaint. Another video posted by the Rouge Collection captures Alexus being dragged away and Tammy trying to reach her while complying with police orders. It can be downloaded from Dropbox here and is incorporated into this complaint.
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anything. I was with her.” Tammy told the officers, “I have a kid in the car. You guys just took my seventeen-year-old away and left my kid in the car.” The officer said “Stay here with me.” Tammy complied. Desperate, she said quietly, “You guys weren’t born this way. You can change, you do know that?”
148. The officers walked her to her car. She told the officers: “You guys just took my daughter away and she was watching my son.” The officers said “Calm down, now we’re watching you. Go over there- you’re under arrest too. We’re gonna take your child.”
149. Doe Defendant Officer Lapeyrouse told her, “You’re going away for a felony. You abandoned your son.” Tammy told him, “This is exactly why we’re here, we’re standing for justice.” He responded, “Do you want me to throw another felony charge at you?” Officer Lapeyrouse tried to dispose of her phone in the bushes; another officer put it into Tammy’s bag. The officers handled Tammy roughly, bruising her upper arms.
150. A few minutes later, Tammy and Alexus were seated on a curb together, along with other women waiting to be taken to the prison. With her hands cuffed behind her back, Tammy tried to console her sobbing daughter.63
151. Tammy and Alexus and the other arrested protesters asked the officers to look into the car to make sure A.J. was okay. One of the officers asked Tammy and Alexus, “did you learn your lesson” and refused to investigate to see if A.J. was okay until Tammy and Alexus said “yes” they had learned their lesson.64
152. Tammy’s son A.J. was seized by child protective services. 153. Tammy’s dog Kelso was seized by animal control. 154. Tammy and Alexus were taken to a holding cell, where they were held for approximately eight hours. Then they were split up and put into general population of the East
63Savage, supra. 64 NRBM, R. Doc. 2-8 at 20.
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Baton Rouge Prison. The prison was cold, and they were given no blankets. In Tammy’s cell, the women huddled together under a mattress for warmth. They were given no toilet paper.
155. Despite Alexus being a juvenile, she was held in an adult facility. She was stripsearched and forced to squat and cough. The cell near hers contained adult men. She was exposed to pepper spray, and heard a male inmate being tasered because the male inmates had been clapping when women were released. She witnessed a woman inmate having her insulin pump taken away from her.
156. While in prison, Tammy was distraught. Based on Doe Defendant Officer Lapeyrouse’s statements, she thought she was going to be charged with felony child abandonment and that her children would be taken from her. She imagined them growing up and not being a part of their lives. Tammy considered committing suicide in her cell.
157. Alexus was released at about 5:00 p.m. on July 11. Her mother had not been released yet, and Alexus was terrified. She was seventeen, abandoned in a strange city, and separated from her mother, her brother, her dog, and their car. She told Defendants “I’m only seventeen – you can’t just put me outside and leave me!” They said to be quiet and that it wasn’t their problem. She had to wait seven hours until her mother was released at around midnight.
158. Although Tammy and Alexus got out of prison on July 11, they could not get A.J. back immediately. Defendants interfered with the process of them getting A.J. back. While Tammy and Alexus were in the prison, Defendants barred the Child Protective Services worker assigned to A.J.’s case from visiting Tammy and Alexus. Defendant Lapeyrous untruthfully told the Child Protective Services worker that A.J. had been “found locked in his mother’s car at Government St. and East Blvd. while the parents went to the demonstration. Both parents are being arrested.”
159. It was not until July 13, 2016 that Tammy got A.J. back with the help of a pro
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bono attorney. On that day, Tammy’s attorney showed video of the incident to the Assistant District Attorney in family court. Immediately after seeing the video, the ADA said the case would be thrown out. Within fifteen minutes, Judge Pamela TaylorJohnson ordered the state to immediately return A.J. to Tammy.65
160. A.J., being only five, did not understand what had happened. He had heard on the radio about the killing of Alton Sterling. And so when he saw police taking his mother and sister

away, he thought that the police were going to kill them. 66 When Tammy and her son were finally reunited, the first thing she told him was “I told you momma would never leave you, I would always be

Figure 21: On July 13, 2016, the family is finally reunited: Alexus, A.J., Tammy, and their attorney Adrian Ross.

back to get you if something happened.”67 A.J.’s fear was traumatizing to Tammy and Alexus.

161. Even their dog Kelso was traumatized. He is now skittish around strangers or loud noises.68

The Take-Down of Antonio and Nadia

162. On July 10, 2016, Antonio and Nadia drove from New Orleans to Baton Rouge to

peacefully protest and show support for other people of color. They participated in the youth-

organized march to the state capitol building, and then stayed afterwards to help clean up the

area and provide water and snacks to community members. Then they returned to the office of

the Baton Rouge Youth Coalition to reflect on the day’s events.

65 Savage, supra. 66 Id. 67 Id. 68 Id.
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Figure 22: Antonio poses at the Capitol protest with two youth leaders. 163. Someone gave Antonio and Nadia a ride back to their car, near the interstate on Government Street. Because law enforcement had closed several streets in the area, they had to be dropped off several blocks away. As they were walking back to their car, they encountered the militarized police unit at the intersection of East Blvd and France Street. 164. They watched as the police escalated their activities against the protesters, and Antonio and Nadia joined the protesters in retreating to Ms. Batiste’s yard. They watched as officers in full riot gear charged at the demonstrators, violently throwing them on the ground and dragging them away towards militarized vehicles. At this point, Antonio and Nadia feared for their lives, and rushed away towards safety, exiting Ms. Batiste’s property through the back gate. They made their way to the sidewalk at the corner of Government Street and Maximillian St. Officers there were blocking off Maximillian Street Southbound and then Government Street Eastbound and Westbound. 165. Antonio and Nadia stopped to look for a friend so that they could get in their car and leave. While waiting for their friend, they led chants. For example, Antonio chanted “you can’t serve and protect with war weapons.” Nadia was holding onto the pole of a stop sign,
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because she believed that by standing there they were

complying with the officers’ orders and were safe from

arrest.

166. All of a sudden, several officers in riot

gear tackled Nadia and Antonio to the ground, hard.

Officers piled onto them, held them down, and ziptied

their hands. During this tackle, the officers wrenched

Antonio’s ankle and knee.

167. Bystanders asked the officers why

Antonio and Nadia were being arrested, since they hadn’t been in the street. It seemed that they were targeted because they had been leading chants.

Figure 23: Nadia and Antonio (red circle) holding onto the street sign post as an officer (right) tackles Nadia from behind. The video, from MSNBC, can be downloaded here and is incorporated into this complaint.

Bystanders can be heard on video asking “what did he do?”69

168. Only after Antonio and Nadia were

tackled to the ground can officers be heard on

video ordering bystanders to “clear the sidewalk.”70 A witness can be heard to say that

Antonio “was just standing there. He was just standing there.”71 A dozen or more people

continued to stand on the sidewalk right by where

Figure 24: Five officers tackle Antonio and Nadia to the ground.
69 A video taken by a witness and incorporated into this complaint shows the event. It can be downloaded from Dropbox here. 70 Id. 71 Id. at 7:21.
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Antonio and Nadia were standing; none of them are arrested.72 A witness says “it was clear, it was very clear. [Antonio] was specifically targeted.”73
169. The zipties were so tight that Nadia’s hands began to turn purple74 and Antonio’s hands began to tingle and go numb.
170. As the officers walked Nadia and

Antonio to some large vehicles, Antonio asked why they were being arrested. An officer responded, “I don’t know.”75 An officer bent Nadia’s arms and said

Figure 25: Nadia’s face is pushed to the ground next to an officer’s foot as Defendants ziptie her hands. As the video shows, at no point do Nadia or Antonio make any move to resist arrest.

“Alton Sterling was a murderer.”

171. As Nadia and Antonio were separated, Nadia was terrified, but told Antonio,

“baby, I love you, I’m fine.” But privately she thought that this was perhaps the last time she

would see her husband.

172. As she was being walked away, Nadia heard an officer say “take her the long

way.” She didn’t know what this meant, but it caused her to fear for her life – and so she began

yelling her name and birth date to ensure that she was not disappeared.

173. Antonio heard an officer tell a protester to “shut your mouth, or get your head

bashed in.” Antonio’s ankle began to swell so much that his shoe was cutting off blood flow. He

asked for medical attention but was ignored by the officers.

174. They were loaded into vans and transported to the jail, but not seatbelted.

175. At the jail, an officer asked Antonio for his information to write him up. The

72 Id. 73 Id. at 9:10. 74 NRBM, R. Doc. 2-8 at 11. 75 Id.
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officer said that he was really confused and didn’t know how to properly proceed since he wasn’t there for Antonio’s arrest, did not know the place or time of arrest, and didn’t know how the situation unfolded. Antonio pointed out his ankle injury again, but was not treated.
176. Nadia was strip-searched twice at the prison, and required to remove her bra. A white woman asked to keep her bra, and the guard said yes. Nadia asked to keep her bra, and the guard said no. Nadia was given no blanket in the cold jail cells. She was exposed to mace.
177. At the prison, law enforcement officers spelled her name differently on different forms. She recalls the following variations: Madye Salvar, Nadye Salva, Nadia Salvar , and the correct Nadia Salazar Sandi.
178. At one point at the prison, a guard came and requested volunteers. Antonio had no idea what would happen next, but stood up and requested medical attention. The guard told him to shut up and get in the volunteer line. Another protester told the guard that Antonio needed to get my ankle looked at and the guard replied “yes, I heard him already.”
179. According to the sworn statement of protester Julien Bond, “I noticed at this time that one other arrestee – Antonio – requested medical care because his ankle was swollen from being dragged but his request was ignored.”76
180. At approximately midnight, Antonio was taken to the doctor’s station. He told nurses what happened to his ankle, and they gave him a leaky bag of ice. A doctor swung by but said he couldn’t help because he didn’t have the time. Antonio was given some antiinflammatories. The doctor came by again later, looked at the ankle, and said “this is not good.” After the ice melted, Antonio was made to sign a medical form and was taken back to the area with the holding cell.
181. Nadia is originally from Bolivia, a country with a history of violence and
76 NRBM v. BR, R. Doc. 2-4 at 7. 45

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injustice. But she says that “even with all the oppression in Bolivia, I don’t remember anything
like what I experienced in Baton Rouge.”
Plaintiffs Were Arrested with Perjurious Affidavits of Probable Cause That are Facially False and Contradictory
182. After being seized by Defendants, Plaintiffs were assembled into groups with
other arrestees. Other officers – not the ones that had grabbed them – wrote Plaintiffs up using
pre-printed affidavits. Each Plaintiff was written up for two crimes – “Resisting Arrest” (R.S.
14:108) and either “Obstruction of a Highway” (R.S. 14:97) or “Obstruction of a Public Passageway” (R.S. 14:100.1).77
183. The primary difference between the two obstruction statutes is that 14:100.1
criminalizes blocking roads and sidewalks, while 14:97 only applies to roads. There is no
correlation, however, between where the Plaintiff was standing when arrested and which crime
they were charged with.
184. According to The Advocate, for “132 of the 176 incident reports of protesters
provided by the Baton Rouge Police Department, police used one of two versions of boilerplate language.”78 This was a red flag for LSU law professor Scott Sullivan, who reviewed the
affidavits obtained by The Advocate:
Probable cause requires not just the sense that a defendant may have committed a crime, but that this particular defendant at a particular time and place committed a particular crime . . .What seems to be missing is a careful consideration of this particular defendant's actions. . . That sense [that a crime was committed] is undermined when you just see a repeated narrative over and over again without much deviation.79
185. Thirteen of Plaintiffs’ affidavits of arrest have been obtained from the Clerk of
Court. (The clerk has no affidavit for Plaintiffs Victor Onuoha and Nadia Salazar Sandi.) The
77 See Exhibit C to this Complaint. 78 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016. 79 Id.
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 47 of 83 affidavits are facially false and contradictory for reasons including the following:
a. False Location. The affidavits were pre-written with facts that described an incorrect location. Eleven of the thirteen affidavits say that the protests were “in the vicinity of Baton Rouge Police Department’s Headquarters at 9000 Airline Highway.” Plaintiffs were actually arrested nearly six miles away, in the vicinity of East Blvd. and France St.
Figure 26: Excerpt from Affidavit of Raae Pollard.

Figure 27:

Map of distance – 5.8 miles – from location identified in Affidavit to actual location of arrest.

b. No Parking Lots. All thirteen affidavits say “Protesters assembled at provided parking

areas and in surrounding parking lots.” There is no parking lot at East and France.

c. Wrong Address for BRPD HQ. Four of the affidavits have “9000 Airline Highway” crossed out and replaced with “500 East Blvd.” This renders these affidavits even more contradictory, because the affidavits then read “in the vicinity of Baton Rouge Police Department’s Headquarters located at 500 East Blvd.” – which is not the BRPD Headquarters’ location.

Figure 28: Excerpt from Affidavit for Blair Imani, showing address
crossed out. The resulting affidavit4is7 false – BRPD’s headquarters is not at 500 East Blvd.

Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 48 of 83 d. Felonious Misdemeanors? Each of the affidavits says the “Defendant did knowingly
and feloniously” violate R.S. 14:97 or 14:100.1. Both those statutes, however, describe misdemeanors.
e. False Description of Plaintiff’s Conduct. Each of the affidavits says: “During the protest, the Defendant entered the roadway and was provided another verbal order to exit the lanes of travel. Moments later the Defendant entered the roadway again and was taken into custody by Officers on the scene.” This is not a true description of the seizure of any Plaintiff.
f. Contradictory Statutes. Two of the affidavits are contradictory as to what crime is being alleged. In the synopsis, they say the Plaintiff violated “LRS 14:97,” but elsewhere 14:97 is crossed out and replaced with 14:100.1.

Figure 29:

For two of the Affidavits, the officer was inconsistent about what crime was being alleged.

g. False Statements About Miranda Rights. Each affidavit says the defendant was “verbally advised of their rights per the Miranda ruling.” This is false – Plaintiffs were
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not all read their Miranda rights. Some Plaintiffs even asked to be read their rights, but were refused.
h. One Consistent Truth: Affidavits Say The Protests Were Peaceful. One thing is true about every affidavit: every single one of them describes the protests as “peaceful.”
Figure 30: Excerpt from Affidavit for Raae Pollard
The Aftermath 186. Defendants’ illegal plan to silence the community’s voice was disturbingly successful. There were no more major protests following the dozens of seizures, beatings, and arrests of protesters on Sunday, July 10. Defendants’ efforts had the actual effect of chilling the community’s exercise of its First Amendment rights. This is clear from contemporaneous statements by protesters:
a. “Since the protest, I have not been able to shake a feeling of fear and sadness. To be immediately in front of a police force that wields so much power and to know that they do not respect the law, makes it feel impossible to protest.”80
b. “I am too afraid to return to Baton Rouge. I was so scared the entire time. We didn’t come to get arrested. We didn’t come to get killed. We just came to protest and to get justice for Eric. They treated us so badly.”81
c. “After all this, I am now aware of the incredibly high risk of protesting. I was definitely afraid.”82
d. “I had planned to protest in upcoming marches, though will likely not do so
80Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4. 81 Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 3. 82 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 4.
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in the future. I have been dissuaded by the reports of arrested protestors…”83

187. Even the trained Legal Observers’ activities were chilled: “Because of the actions

of the police I was very afraid someone would get shot or that they would tear gas us. The police

were arresting Legal Observers as well as civilians. It is frightening to think about Legal Observing in the aftermath of what I witnessed.”84 Sister McCrary reported that “I am terrified to

try to negotiate with the police again in Baton Rouge. I am

scared to serve as a Legal Observer in Baton Rouge. I do

not feel comfortable training Legal Observers and placing them in harm’s way in Baton Rouge.”85

188. Shortly after the protests, the United

Nations Special Rapporteur On The Rights To Freedom Of

Peaceful Assembly And Of Association made a visit to

Baton Rouge. On July 27, 2016, he spoke out against the law enforcement practices in Baton Rouge: “It is manifestly unwise to respond to a largely peaceful, grieving crowd with riot

Figure 31: The constitutionality of Defendants treatment of Plaintiffs is front page news on July 12, 2016.

gear, random arrests, flimsy charges, rough physical handling, verbal insults and so forth. This is

not only a violation of the right to peaceful assembly, it also

dangerous for participants, the general public and police

officers.

189. By July 31, 2016, the East Baton Rouge District

Attorney had posted an ACLU guide entitled “Know Your

83 Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12. 84 Aff. of Hannah Adams, NRBM, R. Doc. 2-3 at 8. 85 Aff. of Alison McCrary, NRBM, R. Doc. 2-7 at 19.
50

Figure 32: The District Attorney posts on his website the ACLU guide to peaceful protesting, which says “If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.”

Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 51 of 83
Rights: Demonstrations and Protests” to the District Attorney’s website.86 The guide
emphasized that “Generally, all types of expression are constitutionally protected in traditional
‘public forums’ such as streets, sidewalks and parks.” It added that “the First Amendment
prohibits [advance notice permit requirements] from being used to prevent rallies or
demonstrations that are rapid responses to unforeseeable and recent events.” The guide
explained:
If organizers have not obtained a permit, where can a march take place? If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.
190. A government spokesperson even admitted that protesters had been targeted for
arrest based on their speech: “I think the law enforcement folks have a strategy of identifying
these folks and while they might not move in to actively arrest the agitators at the moment that
they’re causing problems, it might be a delayed arrest,” said Richard Carbo, the spokesperson for the Governor.87
191. Despite the widespread consensus that there was a problem with law
enforcement’s handling of the protesters, Defendant Louisiana State Police Col. Mike Edmonson
denied that his troopers had done anything wrong. He said that they “used incredible restraint” in their response to protesters88 and said “I was certainly pleased with what I saw here.”89
192. But Lt. General Russel L. Honore, the retired U.S. Army leader who coordinated
military response efforts after Hurricane Katrina, felt differently. After reviewing hours of
videos, imagery and other coverage of protests in Baton Rouge, he said:
The gas masks themselves were pretty intimidating . . . My concern is, with those homes there and all the people in the houses, that would not have been a good place to do (show 86 Exhibit D to this Complaint. 87 Maya Lau, Helping or hurting? Police deploy military-style gear at Alton Sterling protests in Baton Rouge, The Advocate, July 11, 2017. 88 Claire Taylor, Acadiana resident describes terrifying protest arrest. The Advertiser, July 13, 2016. 89 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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that weaponry), particularly when the protesters weren’t being violent. . . . Something is not right in that department in terms of amount of equipment and amount of training.90
193. A year after the protests, Defendant Dabadie acknowledged problems with the
July 2016 handling of protests. He said “We were not perfect in the first round of the protests,
and we had some things that we needed to correct.”91 But Defendants have said they will respond
to future protests in much same way,92 albeit with some “tactical” changes.93
194. Shortly after the July 10 protests, a tragedy occurred. Three Baton Rouge law
enforcement officers – Brad Garafola, Montrell Jackson and Matthew Gerald – were killed by a
Kansas City man. Plaintiff Blair Imani organized a One Baton Rouge Vigil for Fallen Officers.
"All violence is wrong," she said. "Yes, I've always been
against police brutality but violence is wrong and this is
not the right way."94
195. It is now a year later. Defendants continue
their practice of arresting and using force on protesters. On
July 5, 2017, the anniversary of Alton Sterling’s death,
Baton Rouge police used stun guns and PepperBall guns
on protesters and arrested seven.95
Figure 33: On national television, Representative John Lewis praises the actions of Plaintiff Blair Imani – that within one week she was arrested by Baton Rouge police and also organized a vigil in their honor.
90 Maya Lau, Helping or hurting?, supra. 91 Staff Report, Baton Rouge police chief, sheriff say officers better prepared for any protests related to Alton Sterling decision, The Advocate, May 2, 2017. 92 Bryn Stole, Baton Rouge law enforcement discussing how to respond to possible protests after Justice Department Finishes Alton Sterling investigation. The Advocate. Nov. 21, 2016. 93 Sam Karlin, Law enforcement eyeing ‘tactical’ changes to protest responses, East Baton Rouge sheriff says. Business Report. Dec. 7, 2016. 94 Rebekah Allen, Woman arrested in Alton Sterling protests is key organizer of fallen officers vigil. The Advocate, July 18, 2016. 95 Emma Discher, Small crowds, prayers, seven arrests as Baton Rouge marks one year since Alton Sterling's death, The Advocate. July 5, 2017.
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Plaintiff-Specific Facts

196. Blair Imani and Akeem Muhammad. Blair and Akeem are both graduates of

Louisiana State University. During the protest, they attempted to forestall confrontation between

police and protesters. Blair explained that “We were trying to quell antagonism — instead of shouting ‘F the Police,’ we were trying to get people to shout Alton Sterling’s name.”96 They

worked together to help other protesters comply with the police orders to clear the streets. But

when the crowd chanted “The whole world is watching,” they observed the police get angry and

begin to escalate the situation.

197. Blair and Akeem heard the police announce that being on private property is not

good enough and you have to leave the area – but they were surrounded by police and had no

way to leave. When the police rushed Ms. Batiste’s yard,

Blair and Akeem were grabbed and thrown to the ground.

Sister Alison McCrary witnessed a “group of officers

tackle [Blair], pull off her hijab head scarf, and arrest her.”97 Blair and Akeem were trampled by officers as

they lay on the ground.

198. Defendants knelt on Akeem’s neck and back to hold him down, even though he was compliant with his fingers splayed open.98

Figure 34: Yellow circles show Akeem and Blair underneath Defendants.

199. Blair heard an officer shout “Really give it to her,” so she became terrified that

she was going to be beaten out of view of the cameras and other observers. “I started screaming,

96 Robert Mackey, Baton Rouge Police Sued Over Arrest of Peaceful Protesters. The Intercept, July 14, 2016. 97 NRBM, R. Doc. 2-7, at 15. 98 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.
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and that was because I was fearing for my life,” she said. The zip ties on her hands were so tight that her hands turned purple.
200. Blair has had to seek the services of a trauma therapist after these events. Akeem has experienced recurring neck problems.
201. Less than a week after her arrest, Blair helped organize a vigil with the Louisiana State University Student Body Association in response to murder of three Baton Rouge police officers. Representative John Lewis spoke of Blair’s actions on TV, and drew a direct comparison between the civil rights movement of the 1960s and what Blair and other young people are doing in the present.
202. Raae Pollard and Sami Nichols. Raae and Sami came from New Orleans to Baton Rouge for the protest. The two of them complied with police orders to clear the streets and sidewalks. Raae was especially concerned about following their orders, because she is a green card holder from Australia.
203. When Raae was on the yard, police said “where you’re standing is not good enough.” But Raae didn’t understand what she was supposed to do – she was on private property and surrounded by police. She waited to get more specific directions from the officers. Raae and Sami were standing on Ms. Batiste’s lawn when they were grabbed by Defendants. When she was grabbed, Raae let her body go limp, like a ragdoll, to put up no resistance to the officers. Raae turned and saw Sami’s head smashed into the road. A witness wrote that she “saw Raae thrown to the ground, then Sami smashed on to pavement, tackled with the force of a linebacker.”
204. Raae saw a female officer in a purple shirt and bulletproof vest push Sami’s face into the concrete and say “trashy bitch . . . go back to California.”
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205. Another witness, Jessica Pinkham,

witnessed the officer stomp on Sami’s head. She wrote:

“[Sami] sustained a concussion due to a female police

officer, who had brandished her assault rifle at peaceful

protestors, stomping on her face on the ground.” She

said that the officer she saw was wearing a purple shirt

and had a photo in The Advocate on July 11, 2016.

206. The officers who seized Raae and Sami

did not write them up. The officers had forgotten who grabbed who, and so they split up the arrestees at random. Raae’s zip ties were so tight that she almost

Figure 35: Sami being arrested by the purpleshirted officer who stomped on Sami’s head and said “trashy bitch . . . go back to California.”

fainted. They had to be removed by officers.

207. As a result of Defendants’ violence Sami suffered a head injury, and was passing

in and out of consciousness. Once they were detained at the prison, a witness said that

“sometime around 10:30 pm, a medic in blue scrubs came by, poked him head into the cell, and

said ‘everyone’s fine.’” Blair Imani, who had EMT training, was concerned that Sami might

have a concussion. When the medic returned she asked him to look at Sami and do a state of

consciousness test. Blair specifically told the medic that she thought Sami might have a concussion. The medic said “‘I’m not the hospital’ and walked away.”99

208. The day after they were released, Sami and Raae went to University Medical

Center’s emergency room. They gave Sami pain medicine and muscle relaxers. Raae’s father in

Australia had a panic attack when he saw the news, which terrified Raae.

99 Aff. of Marina Sparagana, NRBM, R. Doc. 2-8 at 21 55

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209. Tammy Cheney. Tammy was mistreated by Defendants as described above. 210. Two days after her arrest, Tammy said “This experience scared the daylights out of me, and I will never go to a protest again.”100 She has been diagnosed with Post-Traumatic Stress Disorder, Complex and Major Depressive, Recurrent, Severe Without Psychosis. She has been prescribed bi-weekly individual therapy. As of November 2016, her licensed clinical social worker assessed that she could not work at all “due to the severity of emotional and cognitive impairments.” The social worker estimated that the impact of the condition on Tammy’s ability to work would be expect to last “[m]ore than 12 months.” 211. On October 9, 2016, Tammy shared the following description of her feelings with her friends:
Every day is a mental struggle. I convince myself daily that im ok and am releaved at the end of the day i made it. I cant watch anything that reminds me of that time, without feel the devastation that i went through all that crap. I dont trust anyone. Walking in fear constantly, got robbed for 350$ the other day trying to move into new place and it was a scam on Craigslist and couldn't call cops to report it, because im scared to death of police and what they are capable of doing. Sorry to through all this on you. But it is all i have on my mind
212. Alexus Cheney. Alexus was mistreated by Defendants as described above. Alexus, though only seventeen, was housed in an adult prison with both male and female inmates. She was required to take off all her clothes, squat and cough, during a strip-search.
213. As a result of everything that happened to her, Alexus has struggled with posttraumatic stress. She has suffered from depression and anxiety, and says that she has “lost a lot of competence.” She has been asking herself, "What is wrong with us? What did we do to deserve this?" As a result of these impacts, she dropped out of school. She tried to get a GED but couldn’t. The incident has affected her relationship with her mother.
100 NRBM, R. Doc. 2-4 at 19. 56

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214. Victor Onuoha. Victor was a thirteen-year resident of Baton Rouge, and had just moved to Gretna before Alton Sterling was shot. On July 10, Victor drove with his girlfriend to be a part of the march to the capitol. Afterwards, they parked and then joined the protest at the point when people were retreating to Ms. Batiste’s yard. He was standing in Ms. Batiste’s yard when he was arrested by Defendants.
215. Antonio Castanon Luna and Nadia Salazar Sandi. Antonio and Nadia’s arrests have caused lasting problems for them. Due to her trauma of being in a cold jail cell, Nadia now becomes afraid when she gets cold, and shakes at night. Nadia has had trouble sleeping and has had nightmares. Because her arrest was televised, it causes Nadia a great deal of stress to know that the cousin she raised saw her getting arrested.
216. Nadia is originally from Bolivia, a country that has historically used police force to stop peaceful protesters. She did not expect to experience the same thing in “the land of the free.” As a result, she has found herself more cautious about speaking out about things after her arrest, even on social media. She says “I feel like my first amendment right was stripped from me from that day on.”
217. Antonio has had lasting problems with his knee and ankle, and has had to seek medical treatment repeatedly. He has felt anxiety, especially when reflecting on his arrest or when participating in public demonstrations.
218. Due to the traumatic events of July 10 and 11, Antonio and Nadia decided to move back to Maryland to be closer to family. This was expensive and difficult as they had been building a life in New Orleans.
219. Despite the way they were treated in Baton Rouge, Antonio and Nadia returned to help the communities afflicted by the August 2016 floods. They gutted homes damaged by flood waters and passed out clothes and other essential items.
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220. Karen Savage. Karen Savage is a reporter with the Juvenile Justice Information Exchange (“JJIE”). In July 2016, Karen and her photographer Marco Poggio were on assignment for JJIE, covering youth reactions to the killing of Alton Sterling by Baton Rouge police officers Blane Salamoni and Howie Lake II.101 She had a press pass from the CUNY Graduate School of Journalism.
221. On July 9, she and her team reported from the Triple S market where Mr. Sterling had been killed. That evening, she observed the protest at Airline Highway. She observed a short, white female officer with an assault rifle. She observed that the female officer “had it up and was aiming it at the protesters and waving it back and forth.”
222. On July 10, while Marco edited video, Karen spent the morning and early afternoon emailing back and forth with a police communications person. They missed the capitol protest due to traffic, and arrived to observe the protestors once they had assembled at East Blvd. and France Street. She saw officers wearing combat gear with a tank-like vehicle. Despite having reported on and attended dozens of protests, Karen had never seen a police response anywhere close in kind to what she saw in Baton Rouge. She wrote:
I’d been to protests in New York, Boston and elsewhere and have encountered heavily armed police. I’d seen armored vehicles and heard LRADs before. But never before had I witnessed officers risking the safety of so many, including themselves — not on the Mass Turnpike in Boston, not in Times Square and not more recently on Fifth Avenue in New York City, where I had covered anti-police brutality protests before being sent down to Louisiana. In Baton Rouge, it seem as if the police came ready for war. 102
223. She watched the protesters mostly comply with police orders to clear the streets and sidewalks. Once the police ordered the protesters to disperse and started making arrests,
101 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016. 102 Id.
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Case 3:17-cv-00439-JWD-EWD Document 1 07/09/17 Page 59 of 83 Karen moved away towards the McDonalds a few blocks away, taking pictures as she went.103
224. She was walking towards the door of the McDonald’s when an officer grabbed her from behind and shoved her to the ground. “Are you resisting?” he asked. “I'm a journalist, my credentials are in my right pocket, you can take them out,” Karen said, using the calmest voice she could muster. She feared to put her hands into her pockets herself. “Fuck you, journalist,” he shouted from behind Karen’s ear. “You don’t listen.” Eventually, Karen stopped saying she was a journalist because this seemed to make the officer angrier.
225. The officers ziptied her hands together – so tight that her hands hurt, then went numb, and then began to change color. “Could you loosen it a little? Please,” Karen asked. “Which one hurts?” he replied. She nodded silently toward her left hand, then puffy and bluish red. He grabbed the plastic cuff on her right hand, grunted, and pulled it tighter.
226. Another officer showed her a large serrated knife and jokingly offered to use it on her. Karen heard someone yell her name and she turned to see a friend up the block. She tried to shout her editor's email address to the friend, but the pain made it hard to remember. “Shut up, or we'll arrest her, too," said the officer with the knife. The officer who first grabbed her said again, “Fuck you, journalist.”
227. Karen was handed off to another officer. The pain in her hands had become so intense that Karen began to get dizzy. Another officer said "What the hell did they do to you?" and got an officer to bring clippers to cut the zipties. The officer told her she had to hold still and then rammed the tool under the plastic tie. The edges of Karen’s vision grew dim and she could hear herself scream. Finally, the left cuff popped off, then the right. Karen could breath again. The officer quickly pulled back Karen’s hands and put on more ties. They were still painful, but not excruciating like the last pair.
103 NRBM, R. Doc. 2-8. 59

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228. While waiting for police transport, Karen met Tammy and Alexus. Tammy said police told her she would be charged with abandonment of her son, who would be turned over to Louisiana’s Department of Social Services. Karen turned her head to hide the tears she felt rolling down her face.
229. As she talked, Karen noticed the curb felt oddly smooth and cold in the heat. Then she realized she wasn’t feeling the curb at all – her hand had gone numb.
230. Karen and thirteen other people were transported to East Baton Rouge Police Parish in an over-filled van without being seat-belted. Karen thought of Freddie Gray, who died in the back of an unpadded police wagon.
231. At the jail, she was packed into cells, with up to 24 people in her cell. There was not even enough room for everyone to sit down. She was strip searched and exposed to pepper spray. Karen noticed that even seventeen-year-old Alexus was strip-

searched and required to squat and cough. Only once she was in jail did Karen notice that her knees were scraped and bleeding.

Figure 36: One of Karen’s bloodied knees.

When one of Karen’s non-protester cellmates found out that Karen was a journalist, she went

back to her bunk and returned with a piece of paper and a pencil. “Write,” she said. “Please write

about us.”

232. Karen’s children were frightened. Karen’s daughter Aiesha had been texting with

her mother when Karen was arrested. She became worried when her mother stopped responding.

“I’m definitely shaken by this,” Aiesha said. “I don’t know what’s going to happen now. I don’t know when she’s going get out. I don’t know what they’re going to do to her.”104

104 Daryl Khan, JJIE Reporter Arrested in Baton Rouge While Covering Protest. Juvenile Justice Information Exchange, July 11, 2016.
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233. Karen was released the next day when her photographer, Marco Poggio, posted bond for her.
234. A neurologist later confirmed that Karen had suffered nerve damage in her left wrist and left hand.
235. In reporting on the event, she said that the protest that day “made me wonder what happens in Baton Rouge when the world isn’t watching.”105
236. Cherri Foytlin. Cherri is a journalist and activist from Rayne, Louisiana. On July 10, 2016, she missed the youth-led march to the state capitol because she was stuck in traffic. She was there to report for the Bridge the Gulf Project. She joined the protesters when they had been diverted off of Government Street. When police arrived in riot gear, Cherri joined the protesters standing in Ms. Batiste’s yard because “that's where people would need the most documentation."” Cherri was in that yard shooting photos when Defendants grabbed a person next to her, pushing her into a fence. Cherri stepped back to avoid getting in the way of the arrest, and she heard someone say heard someone say, “Cat, grab her.” Cherri was then pushed by a female officer wearing a purple shirt who said “get back, bitch.” Cherri recognized her from video as the officer who had been pointing her

assault rifle at protesters and reporters the night before.

Figure 37: Cherri is told to “get back bitch” by the the purple-shirted officer who had pointed a gun at protesters and reporters the night before. (Photo by Cherri Foytlin)

105 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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237. At the order of a male officer, two male officers pushed Cherri to the ground and painfully ziptied her hands together. Cherri dropped her phone and an officer took it. The officers who were zip-tying her said "that phone is gone now!"
238. Once Cherri was zip-tied, the female officer in the purple shirt came towards her. She told the two officers that she "want[ed] this one," meaning Cherri. Cherri thought the woman wanted revenge for Cherri photographing her earlier. Cherri says “[t]hat's when I knew I was in trouble.” The purple-shirted officer grabbed Cherri and pulled her backwards through the street. Cherri

told her, "I can't walk backwards as fast as you can walk forwards." She responded, "you are going to have to," and sped up. Twice Cherri fell and the

Figure 38: Defendants pull Cherri’s (white shirt) ziptiedarms up painfully as an officer hands her off to the purple-shirted officer. A witness cries: “That’s a journalist! (Video by Kelly Orians at 3:29.)

officer kept walking, dragging Cherri until she could get her feet back under her. Cherri told her

that she was with the press and had a press pass in her car. The purple-shirted officer told Cherri

that she was not the press and to "shut the fuck up."

239. As Cherri is walked to the van, a witness cries “That’s a journalist! That is a journalist! You’re arresting journalists!”106

240. When Cherri said that the zipties were too tight and hurt her, the purple-shirted

officer said “a person can go six hours without circulation to their hands” and tightened them

even more.

241. As they were loading Cherri into the police van, an officer returned her phone.

106 Video by Kelly Orians at 3:14. This video is incorporated into this complaint. 62

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Cherri told him, “I want you to know I don’t hate you.” She later described it as a “very human moment.”
242. Cherri had to spend a night in a cold jail cell with no blanket, and was stripsearched twice. Pepper spray was used on her when some protesters sang civil rights songs in jail.
243. Dr. Daniel Liebeskind. In July 2016, Daniel was a obtaining his Doctorate of Musical Arts. Prior to July 10, Dr. Liebeskind had never been arrested in his life and the scariest interaction he’d had with a police officer was receiving a ticket for an expired car tag.
244. On July 10, Dr. Liebeskind complied with the police orders. When the officers told the protesters to move back to the sidewalks and then back further than the sidewalk, Dr. Liebeskind complied. Indeed, he went further than compliance – he told other protesters to “get off the sidewalk, get on the grass” to encourage their compliance too.
245. When he heard Defendants announce, “This is no longer a peaceful protest,” Dr. Liebeskind was standing on the grass by Lisa Batiste’s porch. He could see lines of officers marching as a unit with shields up, and heard from other protesters that they were approaching from the other direction as well. The

officers surrounded him and then charged. Dr. Liebeskind froze and put his hands into the air. All he knew was that he didn’t want to antagonize the officers. He was tackled to the

Figure 39: A photo taken by Dr. Liebeskind moments before his seizure shows that he was standing well back from the street and sidewalk.

ground by an arresting officer. On the ground, Dr. Liebeskind said, “I am not resisting. I am not

resisting.” When directed to put his hands behind his back, he tried, telling the officer “I’m

trying, sir.” But he couldn’t because one officer was stepping on his right arm and shoulder,

immobilizing it. An officer put a knee into Daniel’s back and ziptied his hands. An officer then

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tried to pull Daniel’s bicycle helmet off his head with brute force, rather than undoing the clasp.* One of the officers kicked Daniel’s phone out of his hand, where it was permanently lost.
246. While waiting to be transported to the jail, Dr. Liebeskind had another protester email his family with a phone. An officer came over and said a statement similar to: “What the HELL do you think you’re doing? Put that damn phone away or else I WILL come over there and break your face. I’m a nice guy but you do NOT want to aggravate me!”
247. Later Daniel shared with his friends that: Being rushed by police in riot gear may be the scariest thing I’ve ever experienced. That experience – that fear – had an enormous influence on my thinking while in jail. I knew that I *should* go out again to stand up and speak out, but I was afraid. I kept on thinking of the Kent State shootings and [whether I] can help without putting my life at risk. . . . it was the fear of police that had me telling myself to stay home and not protest in the future. That fear is very real, and for someone like me it is a STRONG deterrent. 248. Ultimately, Dr. Liebeskind decided to protest again in the future. He said that “I will be back out there non-violently protesting to live in an America where a dead black person is NOT presumed guilty until proven innocent.” As a result of the protest, Dr. Liebeskind had to buy a new phone, new helmet, and new shirt. 249. Alisha Feldman, Finn Phoenix, and Leah Fishbein. On July 10, 2016, Alisha, Finn, and Leah drove from New Orleans to Baton Rouge to join the youth-led march at the capitol building, and then followed the march back to East Blvd. and France Street. They heard the police say “get out of the street” and “this is no longer a peaceful protest.” So they got out of the street and stood on the strip of grass between the sidewalk and the street. Then they heard the police order protesters to get off of the sidewalk, so they retreated back to Ms. Batiste’s yard. It was there that they were seized by the police.
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250. Defendants lifted Finn off the ground by their neck, and then put them on the ground with a knee in the back. Finn couldn’t breathe. Finn is a diabetic, and their insulin pump fell out of their pocket. It took repeated pleas to get an officer to return the insulin pump to their pocket. At the prison, after a long time a medic took Finn’s blood sugar and said they were fine. But Finn received no further care for their diabetes, even though they asked several times for a snack to help them regulate blood sugar. A

medic finally came back and said “we don’t provide medical care until you are booked, and you haven’t

Figure 40: Red circle shows Defendants putting Plaintiff Finn Phoenix face-down in the street.

been booked yet.” Finn’s throat was injured so badly that they could not swallow solid food.

Finn’s neck and back were so sore that a doctor later diagnosed them with muscle bruising, and

prescribed a course of muscle relaxers and physical therapy.

251. When Leah was seized by Defendants, she told them “I’m not resisting!” The

zipties binding her hands were so tight that her hands began to turn purple. At that point, she felt

like she was blacking out or disassociating as a result of the pain and fear.

252. In the days and weeks subsequent to her arrest, Leah felt very heightened levels of

anxiety. She saw a doctor about one week after the arrest for the pelvic injury she sustained,

during which her pelvic bone hit the ground so hard when Defendants tackled her that she was

bruised from mid thigh to mid abdomen. She also saw a podiatrist about a month afterwards for

foot pain, because immediately after her arrest she began to suffer from toe and foot pain that

worsened over time. Her physical therapist diagnosed her with cervical/lumbar/thoracic spine

instability and postural dysfunction, which has resulted in neck pain, hip flexor pain, foot and

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253. When Alisha was seized, one Defendant was bending her hands in a way that caused her pain. She cried out, and he bent it harder – and said “this wouldn’t happen if you weren’t crying so loud.” She has been having wrist problems since her arrest.
254. Subsequent to their treatment, Finn, Alisha, and Leah attended a group therapy session to relieve their collective trauma/anxiety.
Figure 41: Original artwork by Alisha Feldman. The image is an excerpt from a piece is entitled “No Cops,” and shows her arrest with depictions of the law enforcement officers omitted so that only their effects are visible. (Alisha Feldman, No Cops, August 2016.)
The Municipal Policies and Practices of the City/Parish, the Baton Rouge Police Department and the East Baton Rouge Sheriff’s Office Caused the Violations of Plaintiffs’
Constitutional Rights. 255. The policies and practices of the City/Parish, the BRPD, the East Baton Rouge Sheriff’s Office, and the other Agency Defendants were a motivating force behind and a contributing cause of the constitutional violations that Plaintiffs suffered. 256. Defendants employed well-settled, inter-related de facto and explicit policies and
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practices to suppress the Plaintiffs’ exercise of their First Amendment rights and to otherwise violate Plaintiffs’ constitutional rights, including:
a. Criminalizing individuals who criticize law enforcement; b. the control and termination of protest and dissent through the targeting for
arrest, detention, abuse, and denigration of perceived protest “leaders” and, in particular, individuals who criticize the police; c. failing to create and implement clear, understandable policies for the benefit of sworn police personnel regarding how to respond constitutionally to mass demonstrations and spontaneous protest; d. failing to train sworn personnel on the importance of protecting and respecting the exercise of First Amendment rights through assembly and protest; e. Directing the creation of pre-printed forms of affidavits of arrest, with facts already pre-written. f. the use of riot gear—i.e., military armaments—such as shields, helmets with facemasks, body armor, batons, rifles, and military vehicles without just cause and in order to frighten and intimidate those who wish to peacefully assemble to voice their concerns on issue of public importance, thereby creating an atmosphere of tension; g. failing to discipline sworn personnel who use excessive force, engage in racist policing, prepare false reports, falsely arrest citizens, and/or violate First Amendment rights, thereby creating a culture of impunity in which officers who commit such misconduct learn that they will suffer no adverse consequences;
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h. allowing a widespread practice of excessive force to continue unabated, despite notice of the pattern and the full knowledge of policymakers;
i. failing to create and implement a “street closure” permitting process to enable those who wish to engage in demonstrations on matters of immediate public importance to obtain a permit on an emergency basis (i.e., with waiver of the 45 day notice requirement);
j. imposing onerous financial conditions on those who seek to engage in protest—i.e., requiring proof of $1 million in liability insurance coverage and a receipt for rental of barricades.
257. The individual Defendants, including but not limited to the currently unknown Law Enforcement DOES, acting on the instructions and with the approval of Defendants Holden, Dabadie, Gautreaux, and Edmonson arrested Plaintiffs pursuant to one or more of the policies listed in the preceding paragraph
258. At all pertinent times herein, Defendants Holden, Dabadie, and Gautreaux were aware that the policies, procedures, practices, customs, and usages they established for the CITY/Parish, BRPD, and EBRSO would result in violations of constitutional rights. These defendants ignored that risk and acted unreasonably, intentionally, and with knowing disregard for Plaintiffs’ constitutional rights as described above.
259. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed above were implemented and applied intentionally with knowing disregard for the rights of Plaintiffs. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed in were implemented by the Defendants, working in concert to suppress the right of community members to petition the government for redress of grievances.
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IV. CAUSES OF ACTION One - Violation of First Amendment Rights to Speech and Assembly
(All Plaintiffs against All Defendants) 260. Plaintiffs incorporate the allegations in each preceding and following paragraph. 261. In Cox v. Louisiana, 379 US 559 (1965) (“Cox II”) a group of peaceful civil rights protestors were told by the Baton Rouge Police Chief that they must confine their demonstration to “to the west side of the street." The protesters complied. Law enforcement then ordered them to disperse, saying “"Now, you have been allowed to demonstrate. Up until now your demonstration has been more or less peaceful, but what you are doing now is a direct violation of the law, a disturbance of the peace, and it has got to be broken up immediately." Law enforcement then swept in and arrested Rev. Elton Cox. The Supreme Court held that this violated Rev. Cox’s First Amendment rights. 262. History repeated itself in 2016. A group of peaceful civil rights protesters were told by Baton Rouge law enforcement that they must move their demonstration out of the streets, and then off of the sidewalks. Each time, Plaintiffs complied. Defendants then told them to disperse, declaring that it was “no longer a peaceful protest.” Defendants then swept in and arrested Plaintiffs. 263. Just as Rev. Cox’s First Amendment rights were violated by Baton Rouge law enforcement in 1961, so too were Plaintiffs’ rights violated in 2016. 264. The protests in Baton Rouge are subject to heightened protection for the additional reason that they are peaceful and conducted on public streets and sidewalks. “Consistent with the traditionally open character of public streets and sidewalks, [the Supreme Court] ha[s] held that the government’s ability to restrict speech in such locations is ‘very limited.’” McCullen v. Coakley, 134 S. Ct. 2518, 2529 (2014). The government is “sharply circumscribed” in its authority to restrain expressive activity in “places which by long tradition
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or by government fiat have been devoted to assembly and debate.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983). Public places, such as streets and sidewalks, that are associated with the free exercise of expressive activities “are considered, without more, to be ‘public forums.’” United States v. Grace, 461 U.S. 171, 177 (1983); see also Snyder, 131 S. Ct. at 1218 (observing that the Supreme Court has “repeatedly referred to public streets as the archetype of a traditional public forum”); Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 469 (2009) (noting “government entities are strictly limited in their ability to regulate private speech” in “such ‘traditional public fora’” as public streets and parks); Frisby v. Schultz, 487 U.S. 474, 481 (1988) (finding that courts need not make any “particularized inquiry into the precise nature of a specific street” because “all public streets are held in the public trust and are properly considered traditional public fora”). Any government act to silence speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism, 491 U.S 781, 798-99 (1989).
265. Plaintiffs, and others like them, have since attempted to engage in peaceful protest on the streets and sidewalks of Baton Rouge—the very places which the Supreme Court has described as having “immemorially been held in trust for the use of the public and [which], time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 (1939).
266. In some of Plaintiff’s arrests, the arresting officers explicitly linked the Plaintiff’s expression to the reason why they were being arrested. For example, just before they arrested her, Defendants told Alexus they had seen her “flicking them off.”
Two - Violation of First Amendment Freedom of Press (Plaintiffs Karen Savage and Cherri Foytlin Against All Defendants) 267. Plaintiffs incorporate the allegations in each preceding and following paragraph.
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268. Defendants violated Karen and Cherri’s rights under the First Amendment to freedom of the press by interfering with their ability to gather information and cover a matter of public interest as members of the media.
269. When told that Karen was a member of the press and offered credentials, Defendant said “fuck you, journalist” several times.
270. Observing and recording public protests, and the police response to those protests, is a legitimate means of gathering information for public dissemination that is protected by the freedom of speech and freedom of the press clauses of the First Amendment, as applied to the states under the Fourteenth Amendment to the United States Constitution.
271. Defendants engaged in these unlawful actions willfully and knowingly, acting with reckless or deliberate indifference to Plaintiffs’ First Amendment rights.
272. This was part of a pattern by Defendants. That weekend Defendants arrested Lee Stranahan,a conservative journalist from the news site Breitbart, a self-professed critic of Black Lives Matter critic, and a strong supporter of law enforcement. He reported “I did nothing to break the law. I was not obstructing traffic because with the road closed and police blocking the lane, there was no traffic. At no point did I hear the police give any order for me or anyone else to stay back. I was given no warning whatsoever; I was simply approached and forced to stop recording.”107
273. Ryan Kailath, an Indian American reporter for a New Orleans NPR affiliate was arrested while he was on the grass by the highway across from the police station. Trying to move away from an interaction with the police, he found himself surrounded by police who did not let people leave. He was charged with simple obstruction of a roadway despite
107 Bill Quigley, Baton Rouge: ‘Put Those Damn Weapons Down!’, Huffingtonpost.com, July 12, 2016, citing Lee Stranahan, My Weekend Incarceration in a Baton Rouge Prison, Breitbart.com, July 12, 2016.
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274. WAFB Assistant News Director Chris Slaughter was arrested when he put one foot on the highway to get a better angle for a video shoot.109
275. As a direct and proximate result of Defendants unlawful actions, Plaintiffs were damaged.
Figure 42: A Defendant ordering Plaintiff and Reporter Karen Savage to stop taking pictures of a group of officers handling a protester. (Photo by Karen Savage.) Three - First Amendment Retaliation (All Plaintiffs against All Defendants)
276. Plaintiffs incorporate the allegations in each preceding and following paragraph. 277. Plaintiffs’ assembly, speech, and newsgathering are protected activities under the 108 Id., citing Ryan Kailath & Eve Troeh, WWNO Reporter Describes Arrest While Covering Baton Rouge Protests, WWNO, July 11, 2016. 109 Amy Wold and Maya Lau, Alton Sterling protesters arrested in Baton Rouge to be prosecuted? DA Hillar Moore explains..., The Advocate, July 10, 2016.
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278. Defendants’ arrest, use of force, and searches of Plaintiffs were intended to deter and chill their exercise of First Amendment Rights.
279. For example, it seemed that Nadia and Antonio were targeted because they were leading chants.
280. As a direct and proximate result of Defendants’ actions, Plaintiffs were damaged and chilled.
Four - False Arrest and Imprisonment (All Plaintiffs against All Defendants) 281. Plaintiffs incorporate the allegations in each preceding and following paragraph. 282. Plaintiffs were arrested without probable cause or due process of law. 283. The Affidavits of Probable Cause signed by Defendants were perjured, fabricated, boilerplate affidavits that lacked specifics or even basic indicia of truthfulness. Arrest locations on most were inaccurate by more than five miles. The arresting officers were not the officers who wrote up the affidavits. 284. The officers could not have reasonably believed that they had probable cause to arrest the Plaintiffs for any crime, considering that Plaintiffs had complied with their orders. This is especially so considering the United States Supreme Court had issued its rulings in Cox I and Cox II. 285. Furthermore, a necessary element of both 14:97 and 14:100.1 is that the suspect actually blocks traffic. This was impossible, as Defendants had blocked off both East Blvd. and France Street with lines of officers several rows deep.
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Figure 43:

Three frames from a video taken by Plaintiff Victor Onuoha show lines of police officers blocking off East Blvd. (left and right) and France St. (middle). The irregular shapes are due to the fact that the phone was tilted at an angle.

286. Furthermore, no Plaintiff actually resisted arrest. But even if they had, one of the elements of RS 14:108 (resisting an officer) is that the underlying arrest must be "lawful." Thus, if Plaintiffs weren’t lawfully arrested for violation of 14:97 or 14:100.1, then they couldn't have been guilty of violating 14:108. See State v. Ceaser, 859 So. 2d 639, 643 (2003) ("An individual in Louisiana has a time-honored right to resist an illegal arrest.").
Five - Violation of Fourth Amendment Rights to be Free from Unlawful Search and Seizure
(All Plaintiffs against All Defendants) 287. Plaintiffs incorporate the allegations in each preceding and following paragraph. 288. Plaintiffs have a right under the Fourth Amendment to be free from unreasonable searches and seizures. 289. Defendants violated these rights when they arrested them, detained them, and used force on them without probable cause. 290. Defendants engaged in these actions willfully and knowingly, acting with deliberate indifference to Plaintiffs’ Fourth Amendment Rights. 291. Additionally, when Tammy Cheney returned to her car, she found that Defendants had gone through all the belongings in her car, damaged her trunk, and broken off her side
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mirror. This was an illegal search as there was no lawful justification for the search. It was not a search incident to arrest, because Ms. Cheney was not arrested in her car. It was not a search incident to impoundment, because the car was not impounded. It was not a search for evidence relevant to the crime, because Tammy was arrested for Obstruction of a Public Passageway and Resisting Arrest, two crimes that did not involve anything plausibly in a car.
292. Plaintiffs’ phones were searched and their property seized unlawfully. Six - Excessive Force
(All Plaintiffs against All Defendants) 293. Plaintiffs incorporate the allegations in each preceding and following paragraph. 294. The Defendants employed excessive and unreasonable force, or caused excessive and unreasonable force to be employed, in effectuating the arrests of Plaintiffs, as specifically alleged above, in violation of Plaintiffs’ rights under the Fourth Amendment. 295. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established constitutional rights. Defendants’ misconduct was the cause of Plaintiffs’ injuries. 296. In addition to the actions described above, the use of the acoustic LRAD weapon on Plaintiffs constituted excessive force. LRAD devices were first developed around 2000, initially for the military as a tool for ships to amplify and project noise to ward off other ships. In addition to amplifying sound, LRAD devices can possess a high-pitched, volume adjustable "deterrent tone" that is marketed to law enforcement as useful for crowd control by creating audible discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.110
110 EDREI v. City of New York, 16-cv-1652 (S.D.N.Y. May 31, 2017) (Denying motion to dismiss regarding LRAD use as excessive force.)
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297. For a Model 3300 LRAD, the space within 320 feet of the device is a zone labeled a "potential danger area."111 Here, Defendants used the LRAD on Plaintiffs at a range of approximately 60 to 80 feet.
298. The level of sound produced by these devices exceeds both the threshold for human discomfort (between 85 and 95 dB) and the normal human pain threshold (between 120 and 140 dB).
299. According to the National Institute for Occupational Safety and Health, “exposures [greater than] 85 dB may cause hearing loss.”
300. According to the National Institute on Deafness and Other Communication Disorders, “any sound over 90 dB can damage a person’s hearing. So the LRAD can threaten the hearing of anyone in its path, regardless of whether there is any wrongdoing.”
Seven - Failure to Intervene (All Plaintiffs Against All Defendants.) 301. Plaintiffs incorporate the allegations in each preceding and following paragraph. 302. The actions of the Defendants were the direct and proximate cause of the violations of Plaintiffs’ Fourth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above. 303. During the events described above, the Defendants stood by without intervening to prevent the violation of Plaintiffs’ constitutional rights under the First, Fourth and Fourteenth Amendments, even though they had the opportunity and duty to do so. 304. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established
111 EDREI v. City of New York, 16-cv-1652 (S.D.N.Y. May 31, 2017) (Denying motion to dismiss regarding LRAD use as excessive force.)
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constitutional rights. 305. As a direct and proximate result of the Defendants’ failure to intervene, Plaintiffs
suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
Eight - Civil Conspiracy to Violate Civil Rights (All Plaintiffs Against All Individual Defendants) 306. Plaintiffs incorporate the allegations in each preceding and following paragraph. 307. Each of the individual Defendants, acting in concert with one another and other yet-unknown co-conspirators, conspired by concerted action to accomplish an unlawful purpose by unlawful means. Each of the individual Defendants took concrete steps to enter into an agreement in July 2016 to unlawfully detain, arrest, and imprison the Plaintiffs, knowing they lacked probable cause to do so, and for the purpose of impeding Plaintiffs from exercising their First Amendment rights to protest by engaging in non-disruptive speech in support of an issue of pressing public importance. 308. In furtherance of this conspiracy, each of the Defendants committed specific overt acts, misusing their police powers for the purpose of unlawfully silencing the Plaintiffs. They accomplished this goal by using excessive force to unlawfully effect the Plaintiffs’ arrests, fabricating evidence against the Plaintiffs, and approving trumped up charges against them, which resulted in their unlawful imprisonment. 309. In the implementation of the conspiracy, the officers, deputies and troopers of each of the law enforcement agencies led by Defendants HOLDEN, DABADIE, GEAUTREAUX and EDMONSON employed the customs and policies set forth above. 310. As a direct and proximate result of the Defendants’ conspiracy, Plaintiffs suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
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311. Each individual Defendant is therefore liable for the violation of Plaintiffs’ rights by any other individual Defendant.
Nine - Monell Claim (All Plaintiffs Against Policymaker Defendants) 312. Plaintiffs incorporate the allegations in each preceding and following paragraph. 313. The misconduct described above was caused by the policies, practices, and customs of Policymaker Defendants. 314. The above-described widespread practices, which were so well settled as to constitute the de facto policy of the Defendants, were allowed to exist because policymakers with authority over these acts exhibited deliberate indifference to the problem, thereby effectively ratifying it. 315. This is clear both from the history of Defendant agencies described above, and more specifically from the >100 wrongful arrests of protesters in the two days prior to Plaintiff’s arrest. See the list of arrestees attached as Exhibit E. 316. The policies, practices, and customs set forth above were the driving force behind the numerous constitutional violations in this case that directly and proximately caused Plaintiffs to suffer the grievous and permanent injuries and damages set forth above. 317. Defendants named in this Count, acting individually and together, under color of law, acted to violate Plaintiffs’ rights as set forth in the preceding claims. Policymaker Defendants have developed and maintained policies, practices, procedures, customs, and usages exhibiting deliberate indifference to the constitutional rights of citizens and residents of the City/Parish, including but not limited to those policies, practices, procedures, customs, and usages described above, which caused the violation of Plaintiffs’ rights as described herein and the resultant damages suffered. 318. Policymaker Defendants had the power to prevent or aid in the prevention of the
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wrongs done and conspired to be done as described herein, yet failed or refused to do so, in violation of 42 U.S.C. § 1983.
319. The actions of the Defendants were the direct and proximate cause of the violations of Plaintiffs’ First, Fourth and Fourteenth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
320. Moreover, the actions of all Defendants were directed, condoned, and/or ratified by Policymaker Defendants.
Ten - Violation of the Louisiana Constitution (All Plaintiffs Against All Defendants)
321. Plaintiffs incorporate the allegations in each preceding and following paragraph. 322. Defendants’ actions in arresting, detaining, and using force on Plaintiffs as described above interfered with their exercise of fundamental rights to speech, assembly and press, as guaranteed by Louisiana’s Constitution. It also interfered with their state constitutional rights of privacy, freedom from false arrest and unlawful search and seizure. Eleven - Intentional and Negligence State Torts - Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Assault, Battery, False Imprisonment, Malicious
Prosecution, and Negligence (All Plaintiffs Against All Defendants) 323. Plaintiffs incorporate the allegations in each preceding and following paragraph. 324. Defendants’ Conduct was extreme and outrageous; knowing that the emotional distress suffered by the Plaintiffs was severe; and Defendants desired or acted with recklessness to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from their conduct. They maliciously commenced criminal proceedings against Plaintiffs using perjured and fabricated boilerplate Affidavits of Probable Cause. They falsely told Tammy Cheney that she would be charged with child endangerment,
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and that her children would be taken away. 325. Defendants committed intentional offensive contact with Plaintiffs without right,
and put the Plaintiffs in apprehension of such contact. 326. They imprisoned and detained Plaintiffs without probable cause or justification,
and breached their duty of care with regards to Plaintiffs. 327. Defendants’ actions were the cause-in-fact of Plaintiffs’ injuries. Twelve- Vicarious Liability (All Plaintiffs Against All Supervisor Defendants) 328. Plaintiffs incorporate the allegations in each preceding and following paragraph. 329. All supervisor Defendants are liable to Plaintiffs for the negligent and intentional
acts and omissions of those under their direction and control pursuant to Louisiana Civil Code article 2320 and the doctrine of respondeat superior.
Thirteen - Indemnity (All Plaintiffs Against All Agency Defendants) 330. Plaintiffs incorporate the allegations in each preceding and following paragraph. 331. Louisiana law provides that public entities are directed to pay any tort judgment for compensatory damages for which employees are liable for actions taken in the discharge of their duties that are within the scope of their employment activities. 332. While committing the misconduct alleged in the preceding paragraphs, some Defendants were employees, members, and agents of agency Defendants within the scope of their employment. 333. Agency Defendants are therefore obligated by Louisiana statute to pay any judgment entered against their employees. Fourteen – Violation of Children’s Code Article 306 (Plaintiff Alexus Cheney against EBR Sheriff Defendants) 334. Plaintiffs incorporate the allegations in each preceding and following paragraph.
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335. Louisiana Children's Code Article 306 directs that generally a child is to be "held in custody in a juvenile detention center." But if "a detention facility for juveniles is not available, he may be held in an adult jail or lockup for identification or processing procedures or while awaiting transportation only as long as necessary to complete these activities for up to six hours." (A "Child" means a person who has not attained the age of eighteen years. Children's Code Art. 116(3).
336. Here, Alexus Cheney, a seventeen year old girl, was held in an adult, mixedgender detention facility in violation of Article 306.
337. As a result of her wrongful detention, she was strip-searched, exposed to tear gas, and witnessed the tasering of other inmates. She was afraid during the event and traumatized afterwards.
Fifteen - State Law Direct Action Claim (Against Defendant Insurance Companies) 338. Plaintiffs incorporate the allegations in each preceding and following paragraph. 339. Defendant Insurance Companies, upon information and belief, have issued and/or currently have in effect one or more policies of insurance covering one or more of the Defendants named herein. For valuable consideration received, these policies obligated Defendant Insurance Companies, jointly and/or severally, to pay on behalf of their insured Defendant(s) any sums the insured Defendant(s) may become obligated to pay to Plaintiffs or to indemnify their insured Defendant(s) for any sums the insured Defendant(s) may become obligated to pay to Plaintiffs. 340. By reason of their illegal and unconstitutional acts, Defendants are liable to Plaintiffs for all damages and injuries Plaintiffs has suffered as a result. Upon information and belief, Defendant Insurance Companies are contractually obligated to pay these sums on behalf of the insured Defendant(s).
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341. Upon information and belief, Defendant Insurance Companies are liable to Plaintiffs for any and all damages incurred by reason of the insured Defendant(s)’ acts, up to their policy limits, notwithstanding the fact that the insured Defendant(s) may themselves be able to assert claims of privilege or immunity from liability.
342. Under Louisiana Revised Statute § 22:655(B), Plaintiffs bring a direct action against Defendant Insurance Companies to recover any and all sums they are obligated to pay Plaintiffs on behalf of their insureds or to indemnify their insureds.
VII. PRAYER FOR RELIEF THEREFORE, Plaintiffs respectfully request that this Court enter the following relief:
A.Issue a preliminary injunction requiring Defendants to end their practices and policies as described above, as some Plaintiffs wish to participate in future protests in Baton Rouge;
B. Issue a preliminary injunction to (1) require Defendants to obtain the expungement of Plaintiffs’ arrests at Defendants’ cost; (2) bar Defendants from reporting Plaintiff’s arrests to any law enforcement agency, database, employer, or credit agency; (3) end their practices and policies as described above;
C. Issue a permanent injunction for the above; D.Enter a declaratory judgment, specifying Defendants’ constitutional and statutory violations and declaring the rights of the Plaintiffs; E. Award nominal damages; F. Award special damages; G.Award compensatory damages; H.Award Plaintiffs their costs and reasonable attorneys’ fees incurred in this action, pursuant to 42 U.S.C. § 12205, 28 C.F.R. § 35.175, and 29 U.S.C. § 794a(b); I. Order such other and further relief, at law or in equity, to which Plaintiffs may be justly
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entitled. Date: July 9, 2017

Respectfully submitted,
_/s/ John Adcock__________ JOHN ADCOCK Louisiana Bar No. 30372 P.O. Box 750621 New Orleans, LA 70175 Tel: (504) 233-3125 Fax: (504) 308-1266 Email: jnadcock@gmail.com
/s/ William Most_________ WILLIAM MOST Louisiana Bar No. 36914 201 St. Charles Ave., Ste. 114 #101 New Orleans, LA 70170 Tel: (650) 465-5023 Email: williammost@gmail.com
/s/ Meghsha Barner MEGHSHA BARNER Tennessee Bar No. 033936 Pro Hac Vice Motion to Come Email: m.sqawsan.b@gmail.com

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 Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 1 of 82

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

____________________________________

)

BLAIR IMANI, AKEEM MUHAMMAD, )

RAAE POLLARD, SAMANTHA NICHOLS, )

TAMMY CHENEY, ALEXUS CHENEY, )

VICTOR ONUOHA, KAREN SAVAGE, )

CHERRI FOYTLIN, ALISHA FELDMAN, )

ANTONIO CASTANON LUNA, NADIA )

SALAZAR SANDI, DANIEL LIEBESKIND, )

FINN PHOENIX, LEAH FISHBEIN,

)

)

Plaintiffs,

)

Docket No. 17-cv-00439-JWD-EWD

v.

)

)

CITY OF BATON ROUGE; PARISH OF )

EAST BATON ROUGE; MELVIN LEE “KIP”)

HOLDEN; SID J. GAUTREAUX III;

)

CARL DABADIE, JR.; JONNY DUNNAM; )

LOUISIANA STATE POLICE;

)

MICHAEL EDMONSON; KEVIN REEVES; )

OFFICER LAPEYROUSE; BILLY WALKER;)

JONATHAN ABADIE; REAB SIMONEAUX,)

JR.; WILLIAM ALEXANDER; OFFICER )

THOMAS; DERRICK WILLIAMS; CURTIS )

WILSON; TAYLOR GIROIR; ALEX BELL; )

TRAVIS NORMAN; WILLIE WILLIAMS; )

DARREN HUNT; EARL LAPEYROUSE; )

ALAINA MANCUSO; BEAU COMEAUX; )

HERMAN NEWELL; WILLIAM SEYMOUR;)

JOE DESSENS; MARK DENNIS;

)

JONATHAN JAMES; GERALD VARNADO;)

SAMUEL CAPACI; KEVIN CURLEE;

)

KEVIN CANNATELLA; JOHN CLARY; )

JEFF PITTMAN; JASON DOHM; KENNY )

BREWER; RICHARD MCCLOSKY; JAMES )

THOMAS; EARNEST JONES; KIRK

)

GLOVER; KEITH WILSON; AIX GROUP; )

LAW ENFORCEMENT DOES 1 – 100;

)

INSURANCE COMPANY DOES 1 – 500 )

)

Defendants.

)

______________________________________)

SECOND AMENDED COMPLAINT

Plaintiffs, through undersigned counsel, hereby file this Second Amended Complaint.

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INTRODUCTION 1. On July 5, 2016, Baton Rouge police officers shot Alton Sterling to death. 2. Mr. Sterling was a resident of Baton Rouge and the father of five children. His death was a tragedy, but not an aberration: in America in 2016, police killed at least one black man every forty hours.1 3. In the days following Mr. Sterling’s homicide, people gathered in Baton Rouge to speak out about the pattern of police misconduct in Baton Rouge and the United States. Some of them were Baton Rouge residents; others came from around Louisiana or other states to support the community and to participate in the demonstrations. Reporters from all over the country and world arrived to document the events. 4. On July 10, 2016, a peaceful, youth-led protest marched to the State Capitol building, where participants spoke, sang, and prayed. Afterwards, the participants marched back down Government Street. Where Government Street hits East Boulevard, law enforcement had set up a roadblock. Officers directed the marchers to get off of Government Street. The marchers complied and turned right onto East Blvd. A block down, the protesters stopped at the intersection of East Blvd. and France Street. The protesters gathered there and peacefully exercised their First Amendment rights to sing, pray, and hold up signs. 5. Law enforcement officers by the score gathered across from the protesters, wielding automatic weapons, body armor and gas masks, and an acoustic weapon mounted on an armored vehicle.2 Officers blocked off the streets around the protesters.
1 Fatal Force,The Washington Post. 2017. 2 The acoustic weapon is called an LRAD (Long Range Acoustic Device). LRADs were first developed for the military as a tool for ships to amplify and project noise to ward off other ships. LRADs are marketed to law enforcement for crowd control by creating discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.
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6. Law enforcement ordered the protesters out of the streets, and most of the protesters – including Plaintiffs – complied, stepping back onto the sidewalks.
7. Law enforcement then ordered the protesters off the sidewalks, and most of the protesters – including Plaintiffs – complied. They stepped back into the yard of Lisa Batiste, a woman who had given them permission to use her property.
8. But law enforcement said “where you are standing isn’t good enough.” They ordered the protesters to disperse – an impossible order to comply with, since the police blocked off most of the surrounding streets, had already ordered the protesters to stay off the sidewalks, and were arresting people who stepped into the streets to leave.

Figure 1:

Plaintiff Raae Pollard peacefully protesting (left) and then lifted off the ground by her throat by Defendants (right).

9. Shortly thereafter, the officers swept in en masse, violently grabbing people and throwing to the ground, pinning them, and binding their wrists painfully with plastic zipties. In

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their frenzy, the officers arrested a mix of protesters, reporters, and legal observers. The arrestees, including Plaintiffs, were assembled into groups. Other officers wrote Affidavits of Probable Cause using pre-fabricated forms, most of which were written with facts from a different event entirely. Plaintiffs were charged with “Obstructing a Public Passageway” or “Obstruction of a Highway” and “Resisting Arrest.”
10. Plaintiffs are thirteen protesters and two reporters arrested and jailed during this police frenzy, even though they continuously complied with police orders and had done nothing wrong. Many Plaintiffs were injured. One Plaintiff was a 17-year-old girl put in an adult prison with male inmates. One Plaintiff was separated from her children, including a five-year-old who was taken from her and put into child protective services.
11. Defendants’ arrest of peaceful protesters in Baton Rouge is not a new invention. In 1961, the same story happened: Protesters gathered in Baton Rouge to speak out against racial inequality and law enforcement misconduct. They marched and then gathered on the sidewalks to make their voices heard. Baton Rouge police monitored the protest and then swept in to break up the protest. They arrested a man for alleged legal violations including “Obstructing a Public Passageway.”
12. The man took his case all the way to the U.S. Supreme Court. The Court told the City of Baton Rouge that its actions had violated the Constitution. It held in Cox v. Louisiana, 379 U.S. 536, 558 (1965) (“Cox I”) that it was “clear” that Baton Rouge law enforcement committed a “unwarranted abridgment of [the protester’s] freedom of speech and assembly secured to him by the First Amendment.”
13. But Defendants did not learn from the Supreme Court's clear and unequivocal admonishment. In 2016, they committed the same constitutional violations, using the same tactics, with some of the same criminal allegations. But this time, things are far worse: in 1961,
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Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 5 of 82 Defendants arrested a single protester; in 2016, Defendants arrested approximately two hundred protesters, reporters, and legal observers.

Figure 2: An officer watches protesters in Baton Rouge in 1961. (Source: It Happened in Baton Rouge, U.S.A.) The United States Supreme Court decided that the arrest of a Baton Rouge protester that year was a “clear” violation of First Amendment rights. Cox v. Louisiana, 379 U.S. 536 (1965).

Officers watch protesters in 2016, shortly before illegally arresting them. The pictured protesters include Plaintiffs Blair Imani, Raae Pollard, and Akeem Mohammad.

14. This lawsuit focuses on three connected events that occurred on July 10, 2016. The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and their separation from Tammy Cheney’s five-year-old son A.J. and their dog Kelso. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
15. Regarding the massive violation of constitutional rights that occurred on that day, Baton Rouge Police Department spokesman Sgt. L'Jean McKneely said that "[a]nyone who feels

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that something was unjustly done, they need to file a formal complaint."3

16. Plaintiffs know “that something was unjustly done.” Here, they accept

McKneely's invitation "to file a formal complaint."

II. JURISDICTION AND VENUE

17. Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1985(3), to vindicate

their rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States

Constitution. Plaintiffs also bring supplemental state-law claims. This Court has jurisdiction

pursuant to 28 U.S.C. §§ 1331, 1343, and 1367.

18. This case seeks remedies under 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. §§ 1983,

and 1988.

19. Venue in this Court is proper pursuant to 28 U.S.C. § 1391 as a substantial part of

the events giving rise to Plaintiffs’ claims arose in the Middle District of Louisiana.

III. PARTIES

A. Plaintiffs

Table 1: Summary of Plaintiff Information

Name Blair Imani Akeem Muhammad Raae Pollard Sami Nichols Tammy Cheney Alexus Cheney Victor Onuoha Antonio Castanon Luna Nadia Salazar Sandi Karen Savage Cherri Foytlin Dr. Daniel Liebeskind

Charged With Resisting Arrest (14:108) plus: 14:97 14:100.1 14:100.1 14:97 14:100.1 14:97 14:97 14:100.1 14:97 14:100.1 14:97 14:100.1

Location of Arrest
Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Next to her car at East Blvd. and Gov. St. Next to her car at East Blvd. and Gov. St. Ms. Batiste’s lawn Sidewalk at corner of Gov. St. & Maximillian Sidewalk at corner of Gov. St. & Maximillian In the shrubbery at the McDonald's On grass between sidewalk and Ms. Batiste’s fence Ms. Batiste’s lawn

Role
Protester Protester Protester Protester Protester Protester Protester Protester Protester Reporter Reporter Protester

3 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.
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Alisha Feldman Finn Phoenix Leah Fishbein

14:97 14:97 14:97

Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn

Protester Protester Protester

20. Plaintiff BLAIR IMANI. Blair attended the July 10, 2016, events as a protester. Blair’s full name is Blair Elizabeth Brown; she goes by Blair Imani. Blair uses the pronoun “she.”
21. Plaintiff AKEEM MUHAMMAD attended the July 10, 2016, events as a peaceful protester. Akeem uses the pronoun “he.”
22. Plaintiff RAAE POLLARD attended the July 10, 2016, events as a peaceful protester. Raae uses the pronoun “she.”
23. Plaintiff SAMANTHA NICHOLS goes by “Sami” and uses the pronoun “they.”4 Sami attended the July 10, 2016, events as a peaceful protester.
24. Plaintiff TAMMY CHENEY attended the July 10, 2016, events as a peaceful protester. Tammy uses the pronoun “she.”
25. Plaintiff ALEXUS CHENEY attended the July 10, 2016, events as a peaceful protester. She was seventeen at the time. Alexus uses the pronoun “she.”
26. Plaintiff VICTOR ONUOHA attended the July 10, 2016, events as a peaceful protester. Victor uses the pronoun “he.”
27. Plaintiff KAREN SAVAGE attended the July 10, 2016, events as a reporter and a member of the press. Karen uses the pronoun “she.”
28. Plaintiff CHERRI FOYTLIN attended the July 10, 2016, events as a reporter and a member of the press. Cherri uses the pronoun “she.”
29. Plaintiff ALISHA FELDMAN attended the July 10, 2016, events as a peaceful
4 “They” is generally used as a pronoun for people who identify as neither male nor female. See, e.g.,: Avinash Chak, Beyond 'he' and 'she': The rise of non-binary pronouns, BBC News. December 7, 2015.
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protester. Alisha uses the pronoun “she.”

30. Plaintiff ANTONIO CASTANON LUNA attended the July 10, 2016, events as a

peaceful protester. “Castanon Luna” is Antonio’s last name, and he uses the pronoun “he.”

31. Plaintiff NADIA SALAZAR SANDI attended the July 10, 2016, events as a

peaceful protester. “Salazar Sandi” is Nadia’s last name, and she uses the pronoun “she.”

32. Plaintiff Dr. DANIEL LIEBESKIND attended the July 10, 2016, events as a

peaceful protester. Daniel uses the pronoun “he.”

33. Plaintiff FINN PHOENIX attended the July 10, 2016, events as a peaceful

protester. In July 2016, Finn’s legal name was Caitlin Gaffney. Subsequently, it was changed to

Finn Phoenix. Finn uses the pronoun “they.”

34. Plaintiff LEAH FISHBEIN attended the July 10, 2016, events as a peaceful

protester. Leah uses the pronoun “she.”

B. Defendants

Table 2: Summary of Defendant Information

Rank
Mayor Sheriff Chief Int. Chief
Supr. Supr.
Officer
Officer
Officer
Officer

Name City of Baton Rouge Parish of Baton Rouge Melvin Lee Holden Sid J. Gautreaux III Carl Dabadie, Jr. Jonny Dunnam Louisiana State Police Michael Edmondson Kevin Reeves Lapeyrouse Billy Walker P10177 Jonathan Abadie P10439 Reab Simoneaux, Jr. P10121 William Alexander P10539 Thomas

Agency BR BR BR EBRSO BRPD BRPD LSP LSP LSP BRPD BRPD
BRPD
BRPD
BRPD BRPD

Notes
Former Mayor-President of the City/Parish Sheriff of East Baton Rouge Was the Chief of BRPD Is the Interim Chief of BRPD
Was the Superintendent of the Louisiana State Police Is the Superintendent of the Louisiana State Police Seized Tammy Cheney; attempted to destroy evidence Signed Aff. of PC for Raae Pollard Signed Aff. of PC for Sami Nichols and Sandi Salazar. Wrote report for Karen Savage Signed report and Aff. of PC for Tammy Cheney and Alexus Cheney. Signed report and Aff. of PC for Blair Imani.
Signed Aff. of PC for Karen Savage.

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Sgt. Officer Officer Officer Officer
Cpl. Officer Officer Cpl. Sgt. Cpl. Lt. Cpl. Ofc. Ofc. Sgt. Cpt. Lt.
Master Tpr. Tpr. Sr. Tpr. Sgt. Tpr.
Sgt. Master Tpr. Sgt. Sgt. Sgt.

Derrick Williams P7021 Curtis Wilson Taylor Giroir P10410 Alex Bell P10508 Travis Norman P10420 Willie Williams P10178 Darren Hunt Earl Lapeyrouse Alaina Mancuso Jeff Pittman Jason Dohm Kenny Brewer Richard McCloskey James Thomas Earnest Jones Kirk Glover Keith Wilson Beau Comeaux Herman Newell

BRPD BRPD BRPD BRPD BRPD
BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD LSP

William Seymour Joe Dessens Mark Dennis Jonathan James Gerald Varnado
Samuel Capaci
Kevin Curlee Kevin Cannatella John Clary AIX Group

LSP LSP LSP LSP LSP
LSP
LSP LSP LSP LSP EBRSO

Signed Aff. of PC for Cherri Foytlin
Signed report and Aff. of PC of Leah Fishbein and Alisha Feldman. Signed report and Aff. of PC of Finn Phoenix. Signed report and Aff. of PC of D. Liebeskind. Signed report and Aff. of PC for Akeem Muhammad. Signed report and Aff. of PC of Victor Onuoha and Antonio Castanon. Approved incident report of D. Liebeskind Approved incident report for Finn Phoenix. The “purple-shirted officer.” Signed incident report of Ms. Foytlin. Involved in the arrest of plaintiffs. Id. Id. Id. Id. Id. Id. Id. Head of the LSP Mobile Field Force The LSP officer who seized Raae Pollard by the neck. (See Fig. 1.) Also a Squad Leader and a "team leader" (i.e., those personnel who were identifying or ordering persons for detention and/or arrest). The LSP officer who seized Raae Pollard by the arms. (See Fig. 1.) A Squad Leader and a "team leader.” Id. Id. Id.
Id.
Id. A Platoon Leader and a "team leader." Id. D/B/A Nova Casualty Company. Insurer for Sheriff.

35. Defendant CITY OF BATON ROUGE is a political subdivision of the State of Louisiana. The city’s governing authority is consolidated with the government of EAST BATON ROUGE PARISH. (“CITY/PARISH.”)
36. Defendant PARISH OF EAST BATON ROUGE is a political subdivision of the State of Louisiana. The Parish’s governing authority is consolidated with the government of the

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CITY OF BATON ROUGE. (“CITY/PARISH.”) 37. Defendant MELVIN LEE “KIP” HOLDEN is an adult resident of the Middle
District of Louisiana. Defendant HOLDEN was, at all relevant times, the duly elected MayorPresident of the CITY/PARISH. Defendant HOLDEN was responsible for the supervision, administration, policies, practices, procedures, and customs for the CITY/PARISH and the City’s police department. He was responsible for the hiring, training, discipline, supervision, and control of the BRPD officers who are defendants herein, including Defendant CARL DABADIE. He is sued in his individual capacity as former Mayor-President of the City/Parish.
38. Defendant SID J. GAUTREAUX III is the Sheriff of East Baton Rouge Parish and is an adult resident of the Middle District of Louisiana. The office of Sheriff is an autonomous political subdivision of the State of Louisiana. Defendant GAUTREAUX is responsible for the supervision, administration, policies, practices, procedures, and customs of the East Baton Rouge Sheriff’s Office (“EBRSO”). He was responsible for the hiring, training, discipline, supervision, and control of the EBRSO command staff, supervisors, and deputies. He is sued in his individual and official capacities.
39. Defendant CARL DABADIE, JR. is an adult resident of the Middle District of Louisiana. He is the Chief of the Baton Rouge Police Department. Defendant DABADIE was responsible for the supervision, administration, policies, practices, customs, and procedures of the BRPD, as well as the hiring, training, supervision, discipline, and control of police personnel under his command, including the BRPD defendants named herein. He is sued in his individual capacity.
40. Defendant JONNY DUNNAM is an adult resident of the Middle District of Louisiana. He is the Interim Chief of the Baton Rouge Police Department. Defendant Dunnam is responsible for the supervision, administration, policies, practices, customs, and procedures of
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the BRPD, as well as the hiring, training, supervision, discipline, and control of police personnel under his command, including the BRPD defendants named herein. He is sued in his official capacity.
41. Defendant LOUISIANA STATE POLICE is a law enforcement agency, which upon information and belief was cooperating and working with the Baton Rouge Police Department and other local law enforcement agencies and sharing responsibility and control over monitoring protests and effectuating arrests in Baton Rouge.
42. Defendant Colonel MICHAEL EDMONSON is an adult resident of the Middle District of Louisiana. On July 10, 2016, Defendant EDMONSON was the Superintendent of the Louisiana State Police (“LSP”). Defendant EDMONSON was responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his individual capacity only.
43. Defendant KEVIN REEVES is an adult resident of the Middle District of Louisiana. Defendant REEVES is the Superintendent of the Louisiana State Police (“LSP”). Defendant REEVES is responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his official capacity only.
44. Defendant OFFICER LAPEYROUSE is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. He also attempted to destroy evidence.
45. Defendant BILLY WALKER P10177 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
46. Defendant Officer JONATHAN ABADIE P10439 is an officer who seized,
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Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 12 of 82 arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
47. Defendant OFFICER REAB SIMONEAUX, JR. P10121 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
48. Defendant OFFICER WILLIAM ALEXANDER P10539 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
49. Defendant OFFICER THOMAS is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
50. Sgt. DERRICK WILLIAMS P7021, Officer CURTIS WILSON P1057, Officer TAYLOR GIROIR P10410 , Officer ALEX BELL P10508, Officer TRAVIS NORMAN P10420 , Corporal WILLIE WILLIAMS P10178, Officer DARREN HUNT, Officer EARL LAPEYROUSE are officers who seized, arrested, used force on, or wrote up or approved one or more Plaintiffs’ reports or affidavits of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
51. Sgt. JEFF PITTMAN, Cpl. JASON DOHM, Lt. KENNY BREWER, Cpl. RICHARD MCCLOSKEY, Ofc. JAMES THOMAS, Ofc. EARNEST JONES, Sgt. KIRK GLOVER, and Cpt. KEITH WILSON are BRPD officers who seized, arrested, used force on, or otherwise illegally interacted with one or more Plaintiffs.
52. Corporal ALAINA MANCUSO is an officer who seized, arrested, used force on, 12

Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 13 of 82
or wrote up or approved one or more Plaintiffs’ reports or affidavits of probable cause, or otherwise illegally interacted with one or more Plaintiffs. She is also identified herein as “The Purple-Shirted Officer.”
53. Lt. BEAU COMEAUX is the head of LSP’s Mobile Field Force, and was in command of LSP forces at the time of Plaintiffs’ arrests.
54. LSP Sgt. HERMAN NEWELL and Trooper WILLIAM SEYMOUR are the two LSP officers who seized Raae Pollard, and are visible in Figure 1.
55. LSP Sgts. KEVIN CANNATELLA and JOHN CLARY were Platoon leaders at the time of Plaintiffs’ arrests. They were acting "team leaders" (i.e., those LSP personnel who were identifying or ordering persons for detention and/or arrest).
56. LSP Sr. Tpr. JOE DESSENS, Sgt. MARK DENNIS, Sgt. MICHAEL DOWDEN, Tpr. JONATHAN JAMES, Sgt. GERALD VARNADO, Master Tpr. SAMUEL CAPACI, Master Tpr. HERMAN NEWELL, Sgt. KEVIN CURLEE, were Squad leaders at the time of Plaintiffs’ arrests. They were acting "team leaders" (i.e., those LSP personnel who were identifying or ordering persons for detention and/or arrest).
57. LAW ENFORCEMENT DOES 1 – 500 are persons presently unknown to Plaintiffs after diligent search and inquiry. OFFICER DOES 1–500 serve as Officers of the BRPD, EBRSO, LSP, and other law enforcement agencies who were involved in the suppression of dissent through the use of excessive force, intimidation, and illegal arrest of protesters in Baton Rouge in July 2016. DOES include the officers who seized and used force on Plaintiffs, as well as the officers who wrote up Plaintiffs’ false affidavits of probable cause. After diligent search and inquiry, Plaintiffs are currently unaware of the extent of the policy-making authority held by specific law enforcement officers who were physically present for the arrests and incarceration of the Plaintiffs. For this reason, Plaintiffs sue the DOES above in both their
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individual and official capacities. 58. Defendant AIX GROUP, doing business as NOVA CASUALTY COMPANY is a
an insurance company that, on information and belief, provides insurance to the Louisiana Sheriff’s Association and some of its members, including the East Baton Rouge Sheriff’s Office. AIX Group is domiciled in Connecticut. Its principal business establishment in Louisiana is in Baton Rouge.
59. INSURANCE COMPANY DOES 1 – 100 are as yet unknown insurance companies, who, upon information and belief, have issued and currently have in effect one or more policies of insurance covering one or more of the Defendants named herein.
60. All of the Defendants (aside from the insurance companies) named in this complaint acted under color of state law at all relevant times. Except as otherwise indicated, each defendant is a joint tortfeasor with every other defendant under Louisiana Civil Code Art. 2324.
IV. STATEMENT OF FACTS A Brief History of Defendants’ Law Enforcement Misconduct 61. Baton Rouge law enforcement has a long history of misconduct and suppression of civil liberties. As described above, BRPD’s 1961 suppression of a peaceful protest and arrest of Reverend Elton Cox resulted in a U.S. Supreme Court opinion holding that it was “clear” that Rev. Cox’s First Amendment rights had been violated. Cox v. Louisiana, 379 U.S. 536 (1965). 62. A year later, tensions between law enforcement and the Baton Rouge community escalated after the alleged killings of two Black students by EBRSO deputies at a protest on the campus of Southern University in 1972. 63. In 1980, the City of Baton Rouge and several dozen other municipal defendants were placed under a federal consent decree intended to remedy racially discriminatory hiring practices of a class of Louisiana police and fire departments, including the BRPD. In the decades
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since, nearly every municipal defendant reached compliance with the consent decree and was dismissed from the case – but not the City of Baton Rouge.
64. In September of 2005, the population of Baton Rouge swelled as many residents of New Orleans, a majority Black city, sought refuge from Hurricane Katrina and the resultant flood. The Michigan State Police and New Mexico State Police both sent troopers to assist the BRPD in policing the city’s rapidly growing population.
65. Within three days of the troopers’ arrival, both state police agencies had ordered their troopers to cease operations with BRPD after the troopers witnessed and complained of egregious misconduct and potentially criminal actions by BRPD officers. One state trooper from Michigan said Baton Rouge police attempted to thank him for his help by letting him "beat down" a prisoner.5 A spokeswoman for the Michigan State Police told a reporter that “troopers observed Baton Rouge police officers engage in actions that were an affront to their sense of dignity and respect.”
66. Members of both the Michigan State Police and the New Mexico State Police shared observations and concerns that were compiled in a formal letter of complaint to the BRPD.6 One Trooper reported that “I personally believe that most of the Baton Rouge Police Department are good officers that are being directed by their supervisors to crack down on the public. I don’t know if they have been given any type of direction as to what is right or wrong.”7
67. As writer Jarvis DeBerry put it: “So that's what we're dealing with: a police department whose behavior worried other law enforcement officials and whose leadership has been more defensive than responsive to the claims of racist policing.”8
68. Examples of reported BRPD misconduct included multiple instances of excessive 5 Jarvis DeBerry, Before killing Alton Sterling, Baton Rouge police had a history of brutality complaints, The Times-Picayune, July 6, 2016. 6 The report is attached here as Exhibit A. 7 Id. at 9. 8 DeBerry, supra.
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force, including force directed at minors, through the use of tasering, hitting, choking, and pepper spraying of residents, without warning or threat to the safety of officers or civilians; searches of individuals and their vehicles without reasonable suspicion or probable cause; and possibly falsifying information in police reports.
69. The Baton Rouge Police Department, under the direction of Defendant Holden and predecessors in office of Defendant Dabadie, also resisted efforts of media and public interest advocates to gain information regarding these post-Katrina abuses, as part of an ongoing effort to cover up and conceal officer misconduct, and to promote the police code of silence.
70. In 2006, as part of the effort to cover up and conceal allegations of race-based officer misconduct and to promote the police code of silence, the City/Parish and the BRPD actively resisted public records requests and a Public Records Law enforcement action filed by The Advocate newspaper seeking access to the Internal Affairs Division investigative report. Defendant Dabadie’s predecessor in office authorized a meritless countersuit to delay and thereby shield investigation records from public view, while imposing high costs on the newspaper.
71. Also in 2006, Defendant Mayor Kip Holden denied the NAACP’s suggestion of a civilian oversight board for police.
72. In 2011, then-BRPD Chief Dewayne White publicly stated that ten percent of the department’s officers failed to exercise basic levels of professionalism, and that “it’s become so ingrained” in the minds of some officers that they “believe that everybody they come across or most people they come across with that color of skin is probably a criminal.” Defendant Mayor Holden fired Chief White in 2013 and hired Defendant Dabadie in his place.
73. In September 2014, a series of racist text messages sent by a BRPD officer to a civilian were published. In the messages, the officer, a fifteen-year veteran of the department,
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referred both to Black colleagues and civilians with racial epithets, and stated, inter alia, “I wish someone would pull a Ferguson on them and take them out. I hate looking at those African monkeys at work . . . I enjoy arresting those thugs with their saggy pants.”
74. The officer was placed on administrative leave by BRPD and resigned before any disciplinary action was taken against him by the Department. On information and belief, no action was taken by Holden, Dabadie or the City/Parish to determine the extent of similar attitudes among other BRPD officers. Defendant Dabadie stated publicly that there was no need to do so, because the issue was confined to the lone officer. Defendant Dabadie’s conclusion is belied by more recent stories, including reporting that a White BRPD officer texted his colleagues a picture of a chimpanzee and the phrase “chimp out” in the context of the Alton Sterling protests.9
75. BRPD has also had a policy, practice, or custom of excessive use of force. Recent allegations include:
(a) a 2007 arrest on a complaint of “loud music” with pepper spray and force that caused the rupture of the arrestee’s bladder; (b) a 2008 arrest for smoking marijuana that fractured the skull of the arrestee causing internal bleeding and permanent brain damage; (c) a 2011 incident in which an officer instructed a man, who advised the officer he was intoxicated, to move a vehicle away from the scene of the arrest; when the drunk driver crashed the car, the officer shot him to death and shot a bystander in the arm; (d) a 2014 incident in which BRPD officers strip-searched a visitor to a home which was being searched by the officers, then kicked the visitor with such force that his head slammed into the floor, knocking several teeth out of his mouth; (e) a 2015 incident in which two members of the news media were handcuffed, and one arrested, for taking pictures of an arrest; (f) a 2016 incident caught on video in which a sixteen-year-old was held down by multiple
9 Jim Mustian, Baton Rouge Officer suspended after alleged racial message about Alton Sterling protests, The Advocate, May 22, 2017.
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officers while one officer repeatedly punched him in the head;10 and (g) the shooting death of Alton Sterling in July 2016.11
76. In recent years, suits against the City/Parish for BRPD’s excessive uses of force and unconstitutional arrests have resulted in sizeable yearly settlements by the Parish Attorney. For example, the City/Parish paid $372,434 to settle such cases in 2015, $581,286 in 2014, and $437,112 in 2011.
77. Similar to BRPD, the East Baton Rouge Sheriff’s Office has its own history, extending decades before the July 2016 protests, of excessive force and unconstitutional arrests. More recently, allegations of excessive force and unconstitutional arrest leveled against EBRSO and Defendant Gautreaux have included multiple instances of excessive force through the inappropriate use of tasers, unconstitutional use of mace, and punching and kicking arrestees without justification. Some of these allegations are documented in the following cases: Davis v. East Baton Rouge Sheriff’s Office, Civil Case No. 08-00708 (M.D. La.) (resolved in private settlement); Martinez v. Gautreaux, Civil Case No. 10-00847 (M.D. La.) (resolved in a private settlement); Plaisance v. East Baton Rouge Sheriff’s Office, Civil Case No. 16-00365 (M.D. La.) (ongoing).
78. During Defendant Edmonson’s tenure, the Louisiana State Police have also exhibited excessive force and unconstitutional arrest. While LSP does not typically patrol municipalities, a pattern of unconstitutional excessive force and illegal arrest has rapidly emerged in the brief time that Defendant Edmonson has directed LSP in the provision of policing services in the City of New Orleans. Suits filed against the LSP since early 2013 allege that members of LSP, under the direction of Defendant Edmonson, have:
(a) physically and verbally abused two Black teenagers without provocation or lawful
10 DeBerry, supra. 11 See Andricka Williams v. The City of Baton Rouge, 19th Judicial District Court.
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justification, desisting only when one of the teen’s mother, a New Orleans Police officer, arrived and intervened; (b) pulled over, shoved to the ground, kicked, and threatened with firearms internationally renowned musician Shamarr Allen while searching for a Black drug dealer – apparently based solely on Allen’s race; (c) manhandled, tased, and verbally and physically assaulted Michael Baugh, a Black barber, causing significant injury, apparently based on his being of the same race as four suspects (Baugh matched no other part of the suspects’ description).
79. On information and belief, Defendant EDMONSON chose not to order a thorough investigation into these practices when they came to light; his inaction condones the falsification of information and the intimidation of witnesses to LSP troopers’ unconstitutional conduct. The LSP internal investigation into the LSP attack on the teenagers concluded that all of the troopers involved in the incident had acted appropriately, a conclusion that both the Mayor of New Orleans and the Superintendent of the New Orleans Police Department publicly criticized based on publicly available video of the incident. According to news reports, LSP went on to file a disciplinary complaint with the NOPD against the mother of one of the teens for intervening on behalf of her son and his friend. On information and belief, Defendant EDMONSON personally wrote a letter to the Superintendent of the NOPD requesting an investigation into the mother’s actions.
80. Some LSP arrest reports involving officer uses of force show that the LSP troopers write up the arrest report and then later rewrite the report to add allegations of resisting arrest.
BRPD Shot and Killed Alton Sterling, the Community Began to Make Its Voice Heard, and Law Enforcement Implemented a Plan to Silence Them
81. The July 5, 2016 killing of Alton Sterling was documented on video. The video showed Mr. Sterling being forcibly restrained on the ground and then shot. Mr. Sterling’s death provoked local, national, and international outrage.
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82. By the evening of July 6, 2016, Baton Rouge residents gathered for daily and nightly vigils and peaceful protests at various locations throughout the city. Some paid their respects in front of the Triple S Food Mart where Mr. Sterling was killed. Many protested on a sizeable grassy lot on Airline Highway, across the street from the headquarters of the BRPD.

Figure 3:

Community members gather at the Triple S.

83. Defen(dPahnottoGbAyUMTaRrcEoAPUogXgiwo,aaspthoetpogreraspidheenr twoofrkthinegLwSiAth dPulariinntgiffthKearpernotSeasvtsa.ge.)

GAUTREAUX, in combination with Defendant CAZES, the Southern District Coordinator of

LSA’s Emergency Task Force, and Defendant HURST, Director of the LSA’s Task Force and

Homeland Security services, arranged for the presence of approximately 200 additional deputies

from surrounding sheriffs’ offices to supplement local law enforcement’s response to the

protests.

84. In response to the large and growing protests and the national spotlight on

protesters’ nonviolent, lawful resistance, Defendants, led by Defendants Holden, Dabadie,

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Edmonson, Gautreaux and Cazes, developed and implemented a strategy. Their strategy was to

silence this peaceful and lawful exercise of First Amendment rights through intimidation,

excessive force, and illegal arrests and detention. Other law enforcement agencies not currently

known to Plaintiffs joined Defendants in this endeavor.

85. Between July 8 and 10, 2016, Baton Rouge area law enforcement officers and

their agents – including BRPD, EBRSO, LSP, deputy sheriffs of surrounding parishes, and

including but not limited to the currently unknown Law Enforcement DOES - put this plan into

action. In furtherance of the above objectives, the Defendants unlawfully arrested approximately

200 protesters as they engaged in peaceful protest protected by

the First Amendment.

86. At the same time, Defendants were

downplaying their response to protesters. “We do not want to

appear to have a military-style response,” Defendant Dabadie said during a news conference early on July 9th, 2016. “We’re

there, we’re around, and we’re keeping everything safe, but

we’ve tried to be respectful and reduce our presence at these events.”12 As the arrests of peaceful protesters were occurring, Defendant Col. Mike Edmonson said he thought his troopers “did well.”13

Figure 4: Protester Javier Dunn was beaten so
badly by Defendants on July 9, 2016 that his eye
socket was fractured. A sheriff’s employee told him “'that's what y'all get when you protest.”1

87. But by the evening of Saturday, July 9th, Defendants had escalated their actions

towards the peaceful protesters. Huffington Post senior crime reporter David Lohr stated that

“one thing I noticed today as opposed to yesterday is that [officers] were certainly more willing

12 Amy Wold, Bryn Stole, and Maya Lau. See photos, video as Baton Rouge police officer draws gun, tensions rise at Alton Sterling protest Friday night, The Advocate, July 9, 2016. 13 Id.
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to pull their firearms out.” He also reported that “[a]n officer just pointed a machine gun at me . . . I’m not quite sure what that female officer was doing; she pointed an assault rifle at us.”14
88. One witness reported that she heard “an order over the police radio: ‘I don’t care what they’re doing… grab as many as you can. I don’t care if they’re on the grass or not.’”15
89. Protester Javier Dunn was arrested by Defendants and beaten so badly that they fractured his eye socket – although his Affidavit of Probable Cause stated that he was arrested “without incident.” One of Defendants’ employees said “'that's what y'all get when you protest.”16

Figure 5:

On July 9, 2016, Defendant Officer Cat points her assault rifle at protesters and a reporter. (Photo by Plaintiff Karen Savage.)

90. By that night, the jail was so full of protesters that the wardens had run out of

14 Lilly Workneh & David Lohr, Baton Rouge Cop Points Assault Weapon At HuffPost Reporter, Protesters, Huffington Post, July 10, 2016. 15 Affidavit of Yakeista Hughes. North Baton Rouge Matters v. City of Baton Rouge, M.D. La. 16-cv00463-JWD-RLB (“NRBM”) R. Doc. 2-6 at 16. 16 Bryn Stole, Protester claims he was beaten by Baton Rouge police during Alton Sterling demonstration. The Advocate, July 14, 2016.
22

Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 23 of 82 blankets and handcuffs.17
91. On Sunday, July 10, 2016, the human rights group Amnesty International sent an open letter to the Baton Rouge police department, urging it to use more restraint and respect the rule of law in dealing with protesters. “We would remind you that police authorities are required to act in accordance with international human rights standards and the U.S. Constitution,” the letter read. “Specifically, law enforcement must ensure that any decision to disperse an assembly is taken only as a last resort and carefully in line with the principles of necessity and proportionality.”18 But Defendants did not heed Amnesty International’s reminder of their constitutional duties.
92. Three primary incidents occurred that Sunday that give rise to Plaintiffs’ claims. The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the separation and arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and the seizure of Tammy Cheney’s five-year-old son. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
17 Abigail Hauslohner, Robert Samuels & Ashley Cusick, As arrests mount in Baton Rouge, protesters question police tactics, Wash. Post, July 10, 2016. 18 Id.
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Plaintiffs Were Arrested at the Peaceful Protest at France Blvd. and East St., Even Though They Continuously Complied With Law Enforcement Orders 93. On July 10, 2016, a peaceful, youth-led march to the State Capitol was organized. Participants marched from a church to the Capitol, and then gave speeches on the steps of the Capitol building.

Figure 6:

Heads are bowed at the prayerful protest on the steps of the state capitol building.

94. Afterwards, the participants marched back down Government Street. When they

reached the intersection of Government Street and East Boulevard, they had to stop because law

enforcement had set up a roadblock. The officers directed the marchers to get off of Government

Street.

95. At about 5:40 p.m., the marchers complied and turned right onto East Blvd. A

block down, the protesters stopped and gathered at East Blvd. and France Street. The protesters

there peacefully exercised their First Amendment rights to sing, pray, and hold up signs.

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Figure 7:

Plaintiffs Raae Pollard, Blair Imani, and Akeem Muhammad make their voices heard at East & France.

Figure 8:

Plaintiff Blair Imani stops to pray.

96. Present at the protest was a corps of legal observers, trained by the National

Lawyers Guild to observe and document the protest and law enforcement’s response. The legal

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observers can be identified in photos and videos by their fluorescent green hats. 97. Around 6:00 p.m., legal observers saw police staging at the end of Europe
Street.19 Shortly thereafter they saw approximately 40 to 50 police officers form a military-like formation on France Street, including an armored vehicle operated by an officer with a rifle.20

Figure 9:

A still image from a video shows Defendants in tactical gear blocking France Street. The armored vehicle with a mounted LRAD acoustic weapon is behind the officers.

98. Professor Bill Quigley, an attorney and law professor at Loyola University New Orleans, was present as a legal observer. He introduced himself to an officer and was directed to talk with the officer in charge.21 When Professor Quigley asked the officer how he could help, he was told to tell people they had to clear the street in ten minutes or law enforcement was going to start arresting people. Professor Quigley and another legal observer relayed this information to the protestors. Most of the protesters complied and began leave the street.
99. Lisa Batiste, whose yard was right at the corner of East and France, gave her

19 Affidavit of Hannah Adams, NRBM, R. Doc. 2-3 ¶ 5. 20 Id. at ¶ 6. 21 Affidavit of Professor Bill Quigley, NRBM, R. Doc. 2-8 ¶ 4.
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permission to the protesters to stand in her yard.22 Law enforcement was informed of this fact.23 Ms. Batiste later explained: “I just wanted them to have a safe place to voice their opinions.”
100. All of the Plaintiffs who were present24 complied with the police order to clear the streets. They stepped back onto the sidewalks, Ms. Batiste’s yard, and the grassy strips between the sidewalk and street. 25

Figure 10:

The Protesters – including Plaintiffs – comply with Defendants’ orders to stand clear of the streets.

101. Some protesters remained in the streets and linked arms in opposition to the

police. No Plaintiff was among this group.

22 Affidavit of Adina Marx-Arpadi, NRBM, R. Doc. 2-3 at 10, ¶ 11; Affidavit of Jenna Finkle, NRBM, R. Doc. 2-5 at 14, ¶ 4; Aff. of Hannah Adams, supra, ¶ 8; Affidavit of Shaena Johnson, NRBM, ¶ 8; Video of Ms. Batiste available on Dropbox and incorporated into this complaint. . 23 Affidavit of Alissa Luis, NRBM, R. Doc. 2-7 at 9, ¶ 11. 24 Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Karen Savage, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein. 25 A video by the Associated Press shows this. The video can be downloaded from Dropbox here and is incorporated into this complaint.
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Figure 11: The protesters, including Plaintiffs Raae Pollard, Sami Nichols, and Blair Imani, stand well back from the street.
(Photo by Patrick Melon, Antigravity Magazine.)

102. Law enforcement then ordered the protesters off the sidewalks.26 Plaintiffs

complied, stepping back into Ms. Batiste’s yard.

103. The police proceeded down France Street towards East Boulevard in line

formation with an armored vehicle,

assault rifles, rubber bullet guns, gas

masks, shields, and a vehicle-mounted Long-Range Acoustic Device”

Lines of police in riot gear

(“LRAD”). An LRAD is a weapon which creates a painfully loud sound.27

104. The protestors were now surrounded by law enforcement in three

Protesters assembled in Ms. Batiste’s yard

directions.
Figure 12: Diagram of protesters surrounded by lines of police in riot gear, as shown in a video taken by Victor Onuoha. The video can be downloaded from Dropbox here and is incorporated into this complaint.
105. On video, Plaintiff Victor Onuoha pointed out how they are surrounded – he said

there are police “left, right, and dead in front of us.”

26 Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 14. 27 Aff. of Hannah Adams, supra, at ¶ 6.
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106. Defendants then gave conflicting instructions, telling protestors both to (1)
disperse because their assembly was now unlawful and (2) that people in the street and on
sidewalks would be arrested.28 (This is conflicting because use of the streets and sidewalks
would be necessary to disperse.) On video, Defendants can be heard to order the protesters on
private property that “you must leave now.”29 But they also told the protesters: “[Y]ou cannot
leave. If you try to step into the street, we will arrest you.”30 Some protesters who attempted to
leave the area were chased, tackled, tasered, and arrested.31
107. On video, the police can be heard to say: “we understand you want to protest, but
this is not the time or place.”32 They did not, however, give any indication what the proper time
or place to protest was, or why this time and place was not permitted.
108. Although the character of the protest had not changed,33 law enforcement
announced via megaphone: “THIS IS NO LONGER A PEACEFUL PROTEST.”34
109. One protester, Crystal Williams, described the situation:
Many protesters froze when the police started arresting folks. That is when people went into the lady’s yard and froze in place because they didn’t know where to go. People were afraid to move or even walk by police arresting others.35
110. Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community
and a certified mediator and community-police mediator trainer, tried to meet with the ranking
28 Aff. of Hannah Adams, supra, R. Doc. 2-3 at 7; Aff. of Lily Ann Ritter, R. Doc. 2-9 at 13; Aff of Colette Tippy, R. Doc. 2-9 at 17. See also a video entitled BRPD Terrorizes Nonviolent Protestors -07.10.16 at 1:34. The video is available for download on Dropbox and is incorporated into this complaint. 29 Video of Victor Onuoha Arrest at :50. The video is available for download on Dropbox and is incorporated into this complaint. 30 Aff. of Crystal Williams, NRBM, R. Doc. 2-3 at 3; R. Doc. 2-10 at 3. 31 Aff. of Sarah Marcello, NRBM, ¶ 8. 32 BRPD Terrorizes Nonviolent Protestors -- 07.10.16 at 3:07. 33 Legal observers testified to the consistently peaceful nature of the protest. Aff. of Legal Observer Alissa Luis, NRBM, R. Doc. 2-7 at 10 (“I observed the protesters acting in a peaceful and non-violent manner”); Aff. of Legal Observer Andrew McDaniel, NRBM, R. Doc. 2-8 at 3 (“The protests were completely peaceful.”). 34 Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 3; Aff. of Marquita Christy, NRBM, R. Doc. 2-5 at 8. 35 NRBM, R. Doc. 2-10.
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officers and explain that the warnings could not be heard on the sound system. Her attempts at dialogue were rejected.36 According to Sister McCrary, “I asked Major Cain and Sergeant D.
Coppola of the Baton Rouge Police Department five times each if they would be willing to
negotiate a compromise. They repeatedly said no. I also asked other ranking officers if they would be willing to negotiate a compromise. They repeatedly said no.”37
111. The protesters did not understand how to comply with Defendants’ conflicting
orders. According to legal observer Lilly Ann Ritter, “I also heard police officers tell people that
they needed to disperse several times. However, police were blocking all surrounding
intersections and there was nowhere for people to go. Protesters who wanted to leave were not able to do so.”38 According to witness Adina Arpadi, “Protesters were not sure what the police
wanted them to do. It was clear to me that they wanted people to clear the street, but I think some
people couldn’t hear the instructions. Also, people were not sure where to go, and orders concerning how long people had to clear the street were conflicting.”39 According to another
protester, the “police kept saying that we weren’t allowed to be in the street and we weren’t allowed to block public passages, though they did not indicate what ‘public passage’ meant.”40
As one protester explained, “Some of the police instructions were vague and confusing. We were
told to get out of the street, then after complying we were told to back up on the sidewalk, after
complying with that, when people were in the yard it was stated over the PA “that’s not good enough.”41 (Video confirms this. Over a megaphone, an officer says “You must leave now or you will be arrested. Where you are standing is not good enough.”)42
112. Others could not hear the orders at all. One legal observer said, “The officers
36 Aff. of Legal Observer Sister Alison McCrary, NRBM, R. Doc. 2-7 at 14, ¶¶ 28-37. 37NRBM, R. Doc. 2-7 at 17. 38Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13. 39 Aff. of Adina Arpadi, NRBM, R. Doc. 2-3 at 10.) 40 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 2. 41 Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8. 42 The video is incorporated into this Complaint and is available to download on Dropbox here.
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were speaking through their gas masks, so it was very difficult to understand what they were saying. I frequently turned to people around me to ask if they had heard what the officers said.”43

Figure 13: A mass of officers in riot gear threaten Sami and Raae, who have complied with police orders to clear the street and sidewalk.
113. There was no way for the protesters to comply with law enforcement’s shifting demands. As Sister McCrary put it, “There was no place for the protesters to disperse to.”44
114. Demonstrators who did leave the sidewalk to go to their cars in an attempt to comply with the dispersal order were “tackled to the ground and violently arrested.”45 On video, a woman can be heard saying “they have us blocked in… we can’t go anywhere. We can’t leave this yard, we’re blocked in.”46

43 Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13. 44 Aff. of Legal Observer McCrary, supra, R. Doc. 2-7 at 16. 45 Id. at 19. 46 Video of Victor Onuoha Arrest, supra, at :19.
31

Figure 14: A still image from a video taken by Plaintiff Victor Onuoha moments before his arrest shows Defendants sweeping into Ms. Batiste’s yard. It also shows that Victor was standing well back from the street and sidewalk, in compliance with Defendants’ orders.

Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 32 of 82
115. One protester attempted to leave, and told an officer “that he needed to get to his car to go to work. As he walked to his car, police officers arrested him.”47
116. Defendants, with no additional provocation, then took action. They swept onto Ms. Batiste’s property en masse, violently grabbing people and throwing them to the ground, pinning them, and binding their wrists painfully with plastic zipties. Video shows them pushing screaming protesters off of Ms. Batiste’s lawn, ordering “go back, just go back.”48 Another video shows police charging Ms. Bastiste’s lawn and ordering “you must leave now.” A woman screams, confused “and go where? And go where?”49

Figure 15:

A still image from a video of Defendants swarming Ms. Batiste’s yard. In the foreground, officers can be seen dragging Plaintiff Blair Imani off of the grass.

47Aff, of Legal Observer McDaniel. R. Doc. 2-8 at 3. 48 Video entitled 2016.7.10 - Video of Protest from @lizzkatherine_ at 1:28, incorporated into this Complaint. 49 Video of Victor Onuoha Arrest, supra.
32

Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 33 of 82 117. At one point, at least a dozen police crowded onto Ms. Batiste’s porch, where
they grabbed and pulled protestors standing inside the home’s open doorway and forced them out of the house and off the porch.50 Ms. Batiste explained to the police that the protesters had her consent to be there, but they ignored her.51
118. During all this, Defendants refused to identify themselves to protesters. A legal observer reported that “Many officers were wearing riot gear and had their names taped over, so I could not identify who they were.”52 One protester reported that “Police would laugh and mock when we would ask for their names and badge numbers… They’d say ‘you’re so stupid, that’s not how this works.’”53
119. It was during this police frenzy that Plaintiffs Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein were arrested. Plaintiff Karen Savage was arrested a block away, as she attempted to comply with the dispersal order.
50 Aff. of Legal Observer McCrary, R. Doc. 2-7 at 16, ¶ 53. 51Video entitled 2016.7.10 - Interview with Ms. Batiste - Protesters had her consent, police did not, incorporated into this Complaint. 52 Aff. of Legal Observer Luis, supra, R. Doc. 2-7 at 9. 53 Sophie Kosofsky, protester arrested on July 10. R. Doc. 2-7 at 3.
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Figure 16:

Plaintiff Raae Pollard is seized by the throat by Defendant and surrounded by officers in tactical gear. Raae’s feet are off the ground in this picture. (Photo by the Times-Picayune.)

120. A witness, seeing what was happening, cried “This is insane! These were all the people who were keeping us out of the streets!”54
121. A beat-by-beat photographic timeline of these events is attached to and incorporated into this Complaint as Exhibit B.

54 See Video from the Facebook Page of Kelly Orians at 2:52. The video can be downloaded from Dropbox here and is incorporated into this complaint.
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Figure 17:

Plaintiff Blair Imani is arrested and dragged off of Ms. Batiste’s lawn. She is afraid she will be taken out of sight of cameras and observers and beaten. (Photo by The Advocate.)

Defendants Used Violence on the Protesters and Press

122. In their frenzy, the officers arrested a mix of protesters, reporters, and legal

observers. The arrests were extremely violent, as indicated by the following contemporaneous,

sworn descriptions by protester-witnesses and legal observers:

123. “At some point the police began lunging and arresting people seemingly at random. The people arrested were violently pushed to the ground and restrained.” Aff. of Hannah Adams, NRBM, R. Doc 2-3 at 7.

124. “We were slammed to the ground. One man got a concussion. Another got a twisted ankle. The police had their batons out.” Aff. of Octavio Hingle-Webster, NRBM, R. Doc. 2-6 at 6.

125. “I watched as the cops brutally tackled, shoved, and arrested protesters. I saw a cop grab someone and throw them on the ground; I saw a cop throw someone and let them go. The first thing I saw was a cop literally tackling someone to the ground and handcuffing them; they were being extremely aggressive.” Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4.

126. “Some of the people being arrested would have four to five cops attacking that one person. Also some of the people arrested in the yard and on the outside of the

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fence were thrown to the ground very aggressively.” Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8.

127. “I was moving backwards, not running, when I was tackled from the side by a police officer. I did not see him coming. He tackled me with excessive force, ripped my backpack off and threw it on the ground.” Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 15.

128. “I looked back, and the police had knocked down a white woman who was behind us trying to get into the McDonald’s parking lot. They choked her and threw her into a police vehicle. It all happened very quickly, and there was a group of police who snatched her.” Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 2.

129. “In this group [of 12 arrestees] one of the arrestees was bleeding profusely from the left side of his head. I was able to discern the bleeding from my post on the corner of Government St and East Blvd., approximately 100 feet away.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 11.

130. “I observed multiple officers tackle, hit and hold down one protester… I observed several officers tackle and hold down two protesters on the corner of Government St. and Maximillian St., approximately five officers per person. I observed hordes of officers tackle, grab, pull and throw down several protesters on East Blvd. I witnessed several officers sitting and kneeling on protesters backs, necks, and heads… I witnessed many with hands high in the air being thrown to the ground.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12.”

131. “I saw officers use tear gas, batons, and rubber bullets on demonstrators . . . There were clear injuries to demonstrators and I did not see anyone treated by a medic. Some people were limping and others had visible scratches. I saw excessive use of force as officers used their fists to beat people down, jump on top of demonstrators, and hit demonstrators with their weapons. I saw multiple police officers tackle individuals by simultaneously jumping on top of one person at a time… Military-grade assault rifles or AK-47s were pointed at demonstrators heads as officers had their fingers on the trigger.” Aff. of Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community and a certified mediator and community-police mediator trainer, NRBM, R. Doc. 2-7 at 18.

Figure 18: Plaintiff Victor Onuoha is arrested as another protester is thrown to the ground.

132. “I observed a police officer tackle a light-skinned Black man wearing light colored suit pants and a formal button-down shirt and force him down on the

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ground… The force they used seemed very excessive. I did not see him try to resist arrest in any way and was unsure why he was pushed to the ground. It seemed that he had been targeted.” Aff. of Lily Ann Ritter, legal observer, NRBM, R. Doc. 2-9 at 12. The Arrest of Tammy and Alexus: A Family Torn Apart 133. When she heard about the death of Alton Sterling in July 2016, Tammy was traveling through Louisiana with her seventeen-year-old daughter Alexus, her five-year-old son A.J., and their dog Kelso. They had been exploring the country, seeing historic landmarks and natural sights, and were on their way back home to North Carolina. 134. Partly because of her personal experience, Tammy’s heart went out to the Sterling family when she heard of Alton’s death. She wanted to stand with them. She also wanted to give her children a way to understand what was happening. 135. So on July 8, 2016, Tammy, Alexus, and A.J. attended a peaceful protest in New Orleans about the shooting. It was the first protest any of them had ever been to. Hundreds of people gathered in Lee Circle to make their voices heard. NOPD monitored the situation, but allowed the protesters to exercise their First Amendment rights without interference or arrests.55 136. The New Orleans protest was so moving that the family decided to attend the children-led march planned for that Sunday in Baton Rouge. 137. On July 10, 2016, Tammy, Alexus, and A.J. attended the peaceful protest at the state capitol building in Baton Rouge. Alexus described it later as being “surrounded by so much love and peace.” After the protest, they marched back to the church where they had begun, ate some food, and then got back in their car intending to continue their trip to North Carolina. 138. They followed the route Google Maps told them to take, but when they got to East Blvd. and Government St., the police had blocked off the road. So they pulled into a parking lot
55 Wilborn P. Nobles III, Hundreds gather at Lee Circle rally. New Orleans Times-Picayune, July 8, 2016.
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to wait until the road reopened and the traffic lessened.

139. Alexus decided to go around the corner to videotape what was happening. Tammy

stayed at the car with A.J., standing on her car and holding up a sign with a political quote on it.

140. Alexus joined the protest at East and France. When she

heard the police tell everyone to get on the sidewalk, she moved to the

sidewalk. Then she heard the police say if they were on the sidewalk, they

would be arrested, so Alexus moved into Ms. Batiste’s yard. Then she

heard the police order the protest to disperse, so she left and returned to the

car and joined her mother.

141. Tammy began to see officers with gas masks and shields

going down the road. She told A.J. to get in the car and lock the doors.

Alexus returned to the car. Tammy told her “Alexus, get in the car and I’ll

be right back – I’m going to take a couple more pictures and then we’ll leave.” She walked a short distance from the car to videotape the scene. According to a witness, Tammy stepped away from the car for no more than a “minute, minute and a half.”56

Figure 19: Alexus is dragged away from the car where she was watching her five-year-old brother A.J. and her dog Kelso.

142. As soon as Tammy stepped away, three police

officers walked up to Alexus. They told her that they had seen her

“on the front lines” and that they had seen her flicking them off.

They said that Alexus “owed them” for not arresting her and that

they could arrest her if they wanted to. Then they did arrest her.

143. As she was being taken away, Alexus screamed

Figure 20: Tammy runs back when she hears her daughter screaming.

56 Karen Savage, Family Torn Apart By Police During Baton Rouge Protests, Juvenile Justice Information Exchange, August 2, 2016.
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“MOM” and told the people around her mother’s name. The crowd began to shout “Tammy!” and “Let her go! Let her go!” repeatedly.57

144. Tammy ran back to the car. A line of officers

stopped her and said “No, you can’t go this way. Go back.” A

woman there was telling the officers, “She didn’t do anything.

She didn’t do anything. They took her . . . that’s a minor.”

Tammy said, “They took who? They took who? They took my

kid? My seventeen-year-old?” She asked the police officer,

“Did they take my daughter?” An officer responded, “If that’s your daughter, she’s going to be there quite a while.”
145. The woman told the officers, “She didn’t do

Figure 21: Tammy complies with the officer’s order to stay in place, while asking about her daughter.

anything. I was with her.” Tammy told the officers, “I have a kid in the car. You guys just took

my seventeen-year-old away and left my kid in the car.” The officer said “Stay here with me.”

Tammy complied. Desperate, she said quietly, “You guys weren’t born this way. You can

change, you do know that?”

146. The officers walked her to her car. She told the officers: “You guys just took my

daughter away and she was watching my son.” The officers said “Calm down, now we’re

watching you. Go over there- you’re under arrest too. We’re gonna take your child.”

147. Doe Defendant Officer Lapeyrouse told her, “You’re going away for a felony.

You abandoned your son.” Tammy told him, “This is exactly why we’re here, we’re standing for

justice.” He responded, “Do you want me to throw another felony charge at you?” Officer

Lapeyrouse tried to dispose of her phone in the bushes; another officer put it into Tammy’s bag.
57 From this point through paragraph 148, the incident was captured on video by a camera in Tammy’s hand. It can be downloaded from Dropbox here, and is incorporated into this complaint. Another video posted by the Rouge Collection captures Alexus being dragged away and Tammy trying to reach her while complying with police orders. It can be downloaded from Dropbox here and is incorporated into this complaint.
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The officers handled Tammy roughly, bruising her upper arms. 148. A few minutes later, Tammy and Alexus were seated on a curb together, along
with other women waiting to be taken to the prison. With her hands cuffed behind her back, Tammy tried to console her sobbing daughter.58
149. Tammy and Alexus and the other arrested protesters asked the officers to look into the car to make sure A.J. was okay. One of the officers asked Tammy and Alexus, “did you learn your lesson” and refused to investigate to see if A.J. was okay until Tammy and Alexus said “yes” they had learned their lesson.59
150. Tammy’s son A.J. was seized by child protective services. 151. Tammy’s dog Kelso was seized by animal control. 152. Tammy and Alexus were taken to a holding cell, where they were held for approximately eight hours. Then they were split up and put into general population of the East Baton Rouge Prison. The prison was cold, and they were given no blankets. In Tammy’s cell, the women huddled together under a mattress for warmth. They were given no toilet paper. 153. Despite Alexus being a juvenile, she was held in an adult facility. She was stripsearched and forced to squat and cough. The cell near hers contained adult men. She was exposed to pepper spray, and heard a male inmate being tasered because the male inmates had been clapping when women were released. She witnessed a woman inmate having her insulin pump taken away from her. 154. While in prison, Tammy was distraught. Based on Doe Defendant Officer Lapeyrouse’s statements, she thought she was going to be charged with felony child abandonment and that her children would be taken from her. She imagined them growing up and not being a part of their lives. Tammy considered committing suicide in her cell.
58 Savage, supra. 59 NRBM, R. Doc. 2-8 at 20.
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155. Alexus was released at about 5:00 p.m. on July 11. Her mother had not been

released yet, and Alexus was terrified. She was seventeen, abandoned in a strange city, and

separated from her mother, her brother, her dog, and their car. She told Defendants “I’m only

seventeen – you can’t just put me outside and leave me!” They said to be quiet and that it wasn’t

their problem. She had to wait seven hours until her mother was released at around midnight.

156. Although Tammy and Alexus got out of prison on July 11, they could not get A.J.

back immediately. Defendants interfered with the process of them getting A.J. back. While

Tammy and Alexus were in the prison, Defendants barred the Child Protective Services worker

assigned to A.J.’s case from visiting Tammy and Alexus. Defendant Lapeyrous untruthfully told

the Child Protective Services worker that A.J. had been “found locked in his mother’s car at

Government St. and East Blvd. while the parents went to the demonstration. Both parents are

being arrested.”

157. It was not until July 13, 2016 that Tammy got A.J.

back with the help of a pro bono attorney. On that day, Tammy’s

attorney showed video of the incident to the Assistant District

Attorney in family court. Immediately after seeing the video, the

ADA said the case would be thrown out. Within fifteen minutes,

Judge Pamela Taylor-Johnson ordered the state to immediately return A.J. to Tammy.60

158. A.J., being only five, did not understand what had

happened. He had heard on the radio about the killing of Alton Sterling. And so when he saw police taking his mother and sister

Figure 22: On July 13, 2016, the family is finally reunited: Alexus, A.J., Tammy, and their attorney Adrian Ross.

60 Savage, supra. 41

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away, he thought that the police were going to kill them.61 When Tammy and her son were finally reunited, the first thing she told him was “I told you momma would never leave you, I would always be back to get you if something happened.”62 Seeing the fear that A.J. had been through was traumatizing to Tammy and Alexus.
159. Even their dog Kelso was traumatized. He is now skittish around strangers or loud noises.63
The Take-Down of Antonio and Nadia 160. On July 10, 2016, Antonio and Nadia drove from New Orleans to Baton Rouge to peacefully protest and show support for other people of color. They participated in the youthorganized march to the state capitol building, and then stayed afterwards to help clean up the area and provide water and snacks to community members. Then they returned to the office of the Baton Rouge Youth Coalition to reflect on the day’s events.

61 Id. 62 Id. 63 Id.

Figure 23: Antonio poses at the Capitol protest with two youth leaders.
Figure 23: Plaintiff Antonio Castanon (left) at the youth-led protest at the capitol building.
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161. Someone gave Antonio and Nadia a ride back to their car, near the interstate on Government Street. Because law enforcement had closed several streets in the area, they had to be dropped off several blocks away. As they were walking back to their car, they encountered the militarized police unit at the intersection of East Blvd and France Street.
162. They watched as the police escalated their activities against the protesters, and Antonio and Nadia joined the protesters in retreating to Ms. Batiste’s yard. They watched as officers in full riot gear charged at the demonstrators, violently throwing them on the ground and dragging them away towards militarized vehicles. At this point, Antonio and Nadia feared for their lives, and rushed away towards safety, exiting Ms. Batiste’s property through the back gate. They made their way to the sidewalk at the corner of Government Street and Maximillian St. Officers there were blocking off Maximillian Street Southbound and then Government Street Eastbound and Westbound.
163. Antonio and Nadia stopped to look for a friend so that they could get in their car and leave. While waiting for their friend, they led chants. For example, Antonio chanted “you can’t serve and protect with war weapons.” Nadia was holding onto the pole of a stop sign, because she believed that by standing there they were complying with the officers’ orders and were safe from arrest.
164. All of a sudden, several officers in riot

gear tackled Nadia and Antonio to the ground, hard. Officers piled onto them, held them down, and ziptied their hands. During this tackle, the officers

Figure 24: Nadia and Antonio (red circle) holding onto the street sign post as an officer (right) tackles Nadia from behind. The video, from MSNBC, can be downloaded here and is incorporated into this complaint.

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wrenched Antonio’s ankle and knee.

165. Bystanders asked the officers why

Antonio and Nadia were being arrested, since

they hadn’t been in the street. It seemed that they

were targeted because they had been leading

chants. Bystanders can be heard on video asking “what did he do?”64

166. Only after Antonio and Nadia

were tackled to the ground can officers be heard

on video ordering bystanders to “clear the

Figure 25: Five officers tackle Antonio and Nadia to the ground.

sidewalk.”65 A witness can be heard to say that

Antonio “was just standing there. He was just standing there.”66 A dozen or more people

continued to stand on the sidewalk right by where

Antonio and Nadia were standing; none of them are arrested.67 A witness says “it was clear, it was very clear. [Antonio] was specifically targeted.”68

167. The zipties were so tight that Nadia’s hands began to turn purple69 and

Figure 26: Nadia’s face is pushed to the ground next to an officer’s foot as Defendants ziptie her hands. As the video shows, at no point do Nadia or Antonio make any move to resist arrest.

64 A video taken by a witness and incorporated into this complaint shows the event. It can be downloaded from Dropbox here. 65 Id. 66 Id. at 7:21. 67 Id. 68 Id. at 9:10. 69 NRBM, R. Doc. 2-8 at 11.
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Antonio’s hands began to tingle and go numb. 168. As the officers walked Nadia and Antonio to some large vehicles, Antonio asked
why they were being arrested. An officer responded, “I don’t know.”70 An officer bent Nadia’s arms and said “Alton Sterling was a murderer.”
169. As Nadia and Antonio were separated, Nadia was terrified, but told Antonio, “baby, I love you, I’m fine.” But privately she thought that this was perhaps the last time she would see her husband.
170. As she was being walked away, Nadia heard an officer say “take her the long way.” She didn’t know what this meant, but it caused her to fear for her life – and so she began yelling her name and birth date to ensure that she was not disappeared.
171. Antonio heard an officer tell a protester to “shut your mouth, or get your head bashed in.” Antonio’s ankle began to swell so much that his shoe was cutting off blood flow. He asked for medical attention but was ignored by the officers.
172. They were loaded into vans and transported to the jail, but not seat-belted. 173. At the jail, an officer asked Antonio for his information to write him up. The officer said that he was really confused and didn’t know how to properly proceed since he wasn’t there for Antonio’s arrest, did not know the place or time of arrest, and didn’t know how the situation unfolded. Antonio pointed out his ankle injury again, but was not treated. 174. Nadia was strip-searched twice at the prison, and required to remove her bra. A white woman asked to keep her bra, and the guard said yes. Nadia asked to keep her bra, and the guard said no. Nadia was given no blanket in the cold jail cells. She was exposed to mace when officers maced a nearby cell . 175. At the prison, law enforcement officers spelled her name differently on different
70 Id. 45

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forms. She recalls the following variations: Madye Salvar, Nadye Salva, Nadia Salvar, and the correct Nadia Salazar Sandi.
176. At one point at the prison, a guard came and requested volunteers. Antonio had no idea what would happen next, but stood up and requested medical attention. The guard told him to shut up and get in the volunteer line. Another protester told the guard that Antonio needed to get my ankle looked at and the guard replied “yes, I heard him already.”
177. According to the sworn statement of protester Julien Bond, “I noticed at this time that one other arrestee – Antonio – requested medical care because his ankle was swollen from being dragged but his request was ignored.”71
178. At approximately midnight, Antonio was taken to the doctor’s station. He told nurses what happened to his ankle, and they gave him a leaky bag of ice. A doctor swung by but said he couldn’t help because he didn’t have the time. Antonio was given some antiinflammatories. The doctor came by again later, looked at the ankle, and said “this is not good.” After the ice melted, Antonio was made to sign a medical form and was taken back to the area with the holding cell.
179. Nadia is originally from Bolivia, a country with a history of violence and injustice. But she says that “even with all the oppression in Bolivia, I don’t remember anything like what I experienced in Baton Rouge.”
Plaintiffs Were Arrested with Perjurious Affidavits of Probable Cause That are Facially False and Contradictory
180. After being seized by Defendants, Plaintiffs were assembled into groups with other arrestees. Other officers – not the ones that had grabbed them – wrote Plaintiffs up using pre-printed affidavits. Each Plaintiff was written up for two crimes – “Resisting Arrest” (R.S. 14:108) and either “Obstruction of a Highway” (R.S. 14:97) or “Obstruction of a Public
71 NRBM v. BR, R. Doc. 2-4 at 7. 46

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Passageway” (R.S. 14:100.1).72 181. The primary difference between the two obstruction statutes is that 14:100.1
criminalizes blocking roads and sidewalks, while 14:97 only applies to roads. There is no correlation, however, between where the Plaintiff was standing when arrested and which crime they were charged with.
182. According to The Advocate, for “132 of the 176 incident reports of protesters provided by the Baton Rouge Police Department, police used one of two versions of boilerplate language.”73 This was a red flag for LSU law professor Scott Sullivan, who reviewed the affidavits obtained by The Advocate:
Probable cause requires not just the sense that a defendant may have committed a crime, but that this particular defendant at a particular time and place committed a particular crime . . .What seems to be missing is a careful consideration of this particular defendant's actions . . . That sense [that a crime was committed] is undermined when you just see a repeated narrative over and over again without much deviation.74
183. Thirteen of Plaintiffs’ affidavits of arrest have been obtained from the Clerk of Court. (The clerk has no affidavit for Plaintiffs Victor Onuoha and Nadia Salazar Sandi.) The affidavits are facially false and contradictory for reasons including the following:
a. False Location. The affidavits were pre-written with facts that described an incorrect location. Eleven of the thirteen affidavits say that the protests were “in the vicinity of Baton Rouge Police Department’s Headquarters at 9000 Airline Highway.” Plaintiffs were actually arrested nearly six miles away, in the vicinity of East Blvd. and France St.
Figure 27: Excerpt from Affidavit of Raae Pollard.
72 See Exhibit C to this Complaint. 73 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016. 74 Id.
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Figure 28:

Map of distance – 5.8 miles – from location identified in Affidavit to actual location of arrest.

b. No Parking Lots. All thirteen affidavits say “Protesters assembled at provided parking areas and in surrounding parking lots.” There is no parking lot at East and France.

c. Wrong Address for BRPD HQ. Four of the affidavits have “9000 Airline Highway” crossed out and replaced with “500 East Blvd.” This renders these affidavits even more contradictory, because the affidavits then read “in the vicinity of Baton Rouge Police Department’s Headquarters located at 500 East Blvd.” – which is not the BRPD Headquarters’ location.

Figure 29: Excerpt from Affidavit for Blair Imani, showing address crossed out. The resulting affidavit is false – BRPD’s headquarters is not at 500 East Blvd.
d. Felonious Misdemeanors? Each of the affidavits says the “Defendant did knowingly and feloniously” violate R.S. 14:97 or 14:100.1. Both those statutes, however, describe misdemeanors.
e. False Description of Plaintiff’s Conduct. Each of the affidavits says: “During the protest, the Defendant entered the roadway and was provided another verbal order to exit the lanes of travel. Moments later the Defendant entered the roadway again and was 48

Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 49 of 82 taken into custody by Officers on the scene.” This is not a true description of the seizure of any Plaintiff.
f. Contradictory Statutes. Two of the affidavits are contradictory as to what crime is being alleged. In the synopsis, they say the Plaintiff violated “LRS 14:97,” but elsewhere 14:97 is crossed out and replaced with 14:100.1.

Figure 30:

For two of the Affidavits, the officer was inconsistent about what crime was being alleged.

g. False Statements About Miranda Rights. Each affidavit says the defendant was “verbally advised of their rights per the Miranda ruling.” This is false – Plaintiffs were not all read their Miranda rights. Some Plaintiffs even asked to be read their rights, but were refused.
h. One Consistent Truth: Affidavits Say The Protests Were Peaceful. One thing is true about every affidavit: every single one of them describes the protests as “peaceful.”

Figure 31: Excerpt from Affidavit for Raae Pollard 49

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The Aftermath
184. Defendants’ illegal plan to silence the community’s voice was disturbingly
successful. There were no more major protests following the dozens of seizures, beatings, and
arrests of protesters on Sunday, July 10. Defendants’ efforts had the actual effect of chilling the
community’s exercise of its First Amendment rights. This is clear from contemporaneous
statements by protesters:
a. “Since the protest, I have not been able to shake a feeling of fear and sadness. To be immediately in front of a police force that wields so much power and to know that they do not respect the law, makes it feel impossible to protest.”75
b. “I am too afraid to return to Baton Rouge. I was so scared the entire time. We didn’t come to get arrested. We didn’t come to get killed. We just came to protest and to get justice for Eric. They treated us so badly.”76
c. “After all this, I am now aware of the incredibly high risk of protesting. I was definitely afraid.”77
d. “I had planned to protest in upcoming marches, though will likely not do so in the future. I have been dissuaded by the reports of arrested protestors…”78
185. Even the trained Legal Observers’ activities were chilled: “Because of the actions
of the police I was very afraid someone would get shot or
that they would tear gas us. The police were arresting
Legal Observers as well as civilians. It is frightening to
think about Legal Observing in the aftermath of what I witnessed.”79 Sister McCrary reported that “I am terrified
to try to negotiate with the police again in Baton Rouge. I

75Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4. 76 Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 3. 77 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 4. 78 Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12. 79 Aff. of Hannah Adams, NRBM, R. Doc. 2-3 at 8.
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Figure 32: The constitutionality of Defendants treatment of Plaintiffs is front page news on July 12, 2016.

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am scared to serve as a Legal Observer in Baton Rouge. I do not feel comfortable training Legal Observers and placing them in harm’s way in Baton Rouge.”80

186. Shortly after the protests, the United Nations Special Rapporteur On The Rights

To Freedom Of Peaceful Assembly And Of Association made a visit to Baton Rouge. On July

27, 2016, he spoke out against the law enforcement practices in Baton Rouge: “It is manifestly

unwise to respond to a largely peaceful, grieving crowd with riot gear, random arrests, flimsy

charges, rough physical handling, verbal insults and so forth. This is not only a violation of the

right to peaceful assembly, it also dangerous for participants, the general public and police

officers.

187. By July 31, 2016, the East Baton Rouge District

Attorney had posted an ACLU guide entitled “Know Your

Rights: Demonstrations and Protests” to the District Attorney’s website.81 The guide emphasized that “Generally,

all types of expression are constitutionally protected in

traditional ‘public forums’ such as streets, sidewalks and parks.” It added that “the First Amendment prohibits [advance notice permit requirements] from being used to prevent rallies or demonstrations that are rapid responses to unforeseeable

Figure 33: The District Attorney posts on his website the ACLU guide to peaceful protesting, which says “If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.”

and recent events.” The guide explained:

If organizers have not obtained a permit, where can a march take place? If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.

188. A government spokesperson even admitted that protesters had been targeted for

arrest based on their speech: “I think the law enforcement folks have a strategy of identifying

80 Aff. of Alison McCrary, NRBM, R. Doc. 2-7 at 19. 81 Exhibit D to this Complaint.
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these folks and while they might not move in to actively arrest the agitators at the moment that
they’re causing problems, it might be a delayed arrest,” said Richard Carbo, the spokesperson for
the Governor.82
189. Despite the widespread consensus that there was a problem with law
enforcement’s handling of the protesters, Defendant Louisiana State Police Col. Mike Edmonson
denied that his troopers had done anything wrong. He said that they “used incredible restraint” in
their response to protesters83 and said “I was certainly pleased with what I saw here.”84
190. But Lt. General Russel L. Honore, the retired U.S. Army leader who coordinated
military response efforts after Hurricane Katrina, felt differently. After reviewing hours of
videos, imagery and other coverage of protests in Baton Rouge, he said:
The gas masks themselves were pretty intimidating . . . My concern is, with those homes there and all the people in the houses, that would not have been a good place to do (show that weaponry), particularly when the protesters weren’t being violent. . . . Something is not right in that department in terms of amount of equipment and amount of training.85
191. A year after the protests, Defendant Dabadie acknowledged problems with the
July 2016 handling of protests. He said “We were not perfect in the first round of the protests,
and we had some things that we needed to correct.”86 But Defendants have said they will respond
to future protests in much same way,87 albeit with some “tactical” changes.88
192. Shortly after the July 10 protests, a tragedy occurred. Three Baton Rouge law
enforcement officers – Brad Garafola, Montrell Jackson and Matthew Gerald – were killed by a
82 Maya Lau, Helping or hurting? Police deploy military-style gear at Alton Sterling protests in Baton Rouge, The Advocate, July 11, 2017. 83 Claire Taylor, Acadiana resident describes terrifying protest arrest. The Advertiser, July 13, 2016. 84 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016. 85 Maya Lau, Helping or hurting?, supra. 86 Staff Report, Baton Rouge police chief, sheriff say officers better prepared for any protests related to Alton Sterling decision, The Advocate, May 2, 2017. 87 Bryn Stole, Baton Rouge law enforcement discussing how to respond to possible protests after Justice Department Finishes Alton Sterling investigation. The Advocate. Nov. 21, 2016. 88 Sam Karlin, Law enforcement eyeing ‘tactical’ changes to protest responses, East Baton Rouge sheriff says. Business Report. Dec. 7, 2016.
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Kansas City man. Plaintiff Blair Imani organized a One

Baton Rouge Vigil for Fallen Officers. "All violence is

wrong," she said. "Yes, I've always been against police

brutality but violence is wrong and this is not the right way."89

193. It is now a year later. Defendants continue

their practice of arresting and using force on protesters. On

July 5, 2017, the anniversary of Alton Sterling’s death, Baton Rouge police used stun guns and PepperBall guns on protesters and arrested seven.90

Figure 34: On national television, Representative John Lewis praises the actions of Plaintiff Blair Imani – that within one week she was arrested by Baton Rouge police and also organized a vigil in their honor.

Plaintiff-Specific Facts

194. Blair Imani and Akeem Muhammad. Blair and Akeem both went to Louisiana

State University. During the protest, they attempted to forestall confrontation between police and

protesters. Blair explained that “We were trying to quell antagonism — instead of shouting ‘F the Police,’ we were trying to get people to shout Alton Sterling’s name.”91 They worked

together to help other protesters comply with the police orders to clear the streets. But when the

crowd chanted “The whole world is watching,” they observed the police get angry and begin to

escalate the situation.

195. Blair and Akeem heard the police announce that being on private property is not

good enough and you have to leave the area – but they were surrounded by police and had no

way to leave. When the police rushed Ms. Batiste’s yard, Blair and Akeem were grabbed and

89 Rebekah Allen, Woman arrested in Alton Sterling protests is key organizer of fallen officers vigil. The Advocate, July 18, 2016. 90 Emma Discher, Small crowds, prayers, seven arrests as Baton Rouge marks one year since Alton Sterling's death, The Advocate. July 5, 2017. 91 Robert Mackey, Baton Rouge Police Sued Over Arrest of Peaceful Protesters. The Intercept, July 14, 2016.
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thrown to the ground. Sister Alison McCrary witnessed a “group of officers tackle [Blair], pull off her hijab head scarf, and arrest her.”92 Blair and Akeem were trampled by officers as they lay on the ground.
196. Defendants knelt on Akeem’s neck and

back to hold him down, even though he was compliant with his fingers splayed open.93

Figure 35: Yellow circles show Akeem and Blair underneath Defendants.

197. Blair heard an officer shout “Really give it to her,” so she became terrified that

she was going to be beaten out of view of the cameras and other observers. “I started screaming,

and that was because I was fearing for my life,” she said. The zip ties on her hands were so tight

that her hands turned purple.

198. Blair has had to seek the services of a trauma therapist after these events. Akeem

has experienced recurring neck problems.

199. Less than a week after her arrest, Blair helped organize a vigil with the Louisiana

State University Student Body Association in response to murder of three Baton Rouge police

officers. Representative John Lewis spoke of Blair’s actions on TV, and drew a direct

comparison between the civil rights movement of the 1960s and what Blair and other young

people are doing in the present.

200. Raae Pollard and Sami Nichols. Raae and Sami came from New Orleans to

Baton Rouge for the protest. The two of them complied with police orders to clear the streets and

sidewalks. Raae was especially concerned about following their orders, because she is a green

card holder from Australia.
92 NRBM, R. Doc. 2-7, at 15. 93 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.

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201. When Raae was on the yard, police said “where you’re standing is not good

enough.” But Raae didn’t understand what she was supposed to do – she was on private property

and surrounded by police. She waited to get more specific directions from the officers. Raae and

Sami were standing on Ms. Batiste’s lawn when they were grabbed by Defendants. When she

was grabbed, Raae let her body go limp, like a ragdoll, to put up no resistance to the officers.

Raae turned and saw Sami’s head smashed into the road. A witness wrote that she “saw Raae

thrown to the ground, then Sami smashed on to pavement, tackled with the force of a

linebacker.”

202. Raae saw a female officer in a purple shirt and bulletproof vest (later identified as

Cpl. Alaina Mancuso) push Sami’s face into the concrete and say “trashy bitch . . . go back to

California.”

203. Another witness, Jessica Pinkham,

witnessed the officer stomp on Sami’s head. She wrote:

“[Sami] sustained a concussion due to a female police

officer, who had brandished her assault rifle at peaceful

protestors, stomping on her face on the ground.” She

said that the officer she saw was wearing a purple shirt

and had a photo in The Advocate on July 11, 2016.

204. The officers who seized Raae and Sami

did not write them up. The officers had forgotten who

grabbed who, and so they split up the arrestees at random. Raae’s zip ties were so tight that she almost fainted. They had to be removed by officers.

Figure 36: Sami being arrested Cpl. Mancuso, who stomped on Sami’s head and said “trashy bitch . . . go back to California.”

205. As a result of Defendants’ violence Sami suffered a head injury, and was passing

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in and out of consciousness. Once they were detained at the prison, a witness said that “sometime around 10:30 pm, a medic in blue scrubs came by, poked him head into the cell, and said ‘everyone’s fine.’” Blair Imani, who had EMT training, was concerned that Sami might have a concussion. When the medic returned she asked him to look at Sami and do a state of consciousness test. Blair specifically told the medic that she thought Sami might have a concussion. The medic said “‘I’m not the hospital’ and walked away.”94
206. The day after they were released, Sami and Raae went to University Medical Center’s emergency room. They gave Sami pain medicine and muscle relaxers. Raae’s father in Australia had a panic attack when he saw the news, which terrified Raae.
207. Tammy Cheney. Tammy was mistreated by Defendants as described above. 208. Two days after her arrest, Tammy said “This experience scared the daylights out of me, and I will never go to a protest again.”95 She has been diagnosed with Post-Traumatic Stress Disorder, Complex and Major Depressive, Recurrent, Severe Without Psychosis. She has been prescribed bi-weekly individual therapy. As of November 2016, her licensed clinical social worker assessed that she could not work at all “due to the severity of emotional and cognitive impairments.” The social worker estimated that the impact of the condition on Tammy’s ability to work would be expect to last “[m]ore than 12 months.” 209. On October 9, 2016, Tammy shared the following description of her feelings with her friends:
Every day is a mental struggle. I convince myself daily that im ok and am releaved at the end of the day i made it. I cant watch anything that reminds me of that time, without feel the devastation that i went through all that crap. I dont trust anyone. Walking in fear constantly, got robbed for 350$ the other day trying to move into new place and it was a scam on
94 Aff. of Marina Sparagana, NRBM, R. Doc. 2-8 at 21 95 NRBM, R. Doc. 2-4 at 19.
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Craigslist and couldn't call cops to report it, because im scared to death of police and what they are capable of doing. Sorry to through all this on you. But it is all i have on my mind
210. Alexus Cheney. Alexus was mistreated by Defendants as described above. Alexus, though only seventeen, was housed in an adult prison with both male and female inmates. She was required to take off all her clothes, squat and cough, during a strip-search.
211. As a result of everything that happened to her, Alexus has struggled with posttraumatic stress. She has suffered from depression and anxiety, and says that she has “lost a lot of competence.” She has been asking herself, "What is wrong with us? What did we do to deserve this?" As a result of these impacts, she dropped out of school. She tried to get a GED but couldn’t. The incident has affected her relationship with her mother.
212. Victor Onuoha. Victor was a thirteen-year resident of Baton Rouge, and had just moved to Gretna before Alton Sterling was shot. On July 10, Victor drove with his girlfriend to be a part of the march to the capitol. Afterwards, they parked and then joined the protest at the point when people were retreating to Ms. Batiste’s yard. He was standing in Ms. Batiste’s yard when he was arrested by Defendants.
213. Antonio Castanon Luna and Nadia Salazar Sandi. Antonio and Nadia’s arrests have caused lasting problems for them. Due to her trauma of being in a cold jail cell, Nadia now becomes afraid when she gets cold, and shakes at night. Nadia has had trouble sleeping and has had nightmares. Because her arrest was televised, it causes Nadia a great deal of stress to know that the cousin she raised saw her getting arrested.
214. Nadia is originally from Bolivia, a country that has historically used police force to stop peaceful protesters. She did not expect to experience the same thing in “the land of the free.” As a result, she has found herself more cautious about speaking out about things after her arrest, even on social media. She says “I feel like my first amendment right was stripped from
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me from that day on.” 215. Antonio has had lasting problems with his knee and ankle, and has had to seek
medical treatment repeatedly. He has felt anxiety, especially when reflecting on his arrest or when participating in public demonstrations.
216. Due to the traumatic events of July 10 and 11, Antonio and Nadia decided to move back to Maryland to be closer to family. This was expensive and difficult as they had been building a life in New Orleans.
217. Despite the way they were treated in Baton Rouge, Antonio and Nadia returned to help the communities afflicted by the August 2016 floods. They helped prepare flood-damaged homes for rebuilding. They passed out clothes and other essential items.
218. Karen Savage. Karen Savage is a reporter with the Juvenile Justice Information Exchange (“JJIE”). In July 2016, Karen and her photographer Marco Poggio were on assignment for JJIE, covering youth reactions to the killing of Alton Sterling by Baton Rouge police officers Blane Salamoni and Howie Lake II.96 She had a press pass from the CUNY Graduate School of Journalism.
219. On July 9, she and her team reported from the Triple S market where Mr. Sterling had been killed. That evening, she observed the protest at Airline Highway. She observed a short, white female officer with an assault rifle. She observed that the female officer “had it up and was aiming it at the protesters and waving it back and forth.”
220. On July 10, while Marco edited video, Karen spent the morning and early afternoon emailing back and forth with a police communications person. They missed the capitol protest due to traffic, and arrived to observe the protestors once they had assembled at East Blvd. and France Street. She saw officers wearing combat gear with a tank-like vehicle. Despite having
96 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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reported on and attended dozens of protests, Karen had never seen a police response anywhere close in kind to what she saw in Baton Rouge. She wrote:
I’d been to protests in New York, Boston and elsewhere and have encountered heavily armed police. I’d seen armored vehicles and heard LRADs before. But never before had I witnessed officers risking the safety of so many, including themselves — not on the Mass Turnpike in Boston, not in Times Square and not more recently on Fifth Avenue in New York City, where I had covered anti-police brutality protests before being sent down to Louisiana. In Baton Rouge, it seem as if the police came ready for war.97
221. She watched the protesters mostly comply with police orders to clear the streets and sidewalks. Once the police ordered the protesters to disperse and started making arrests, Karen moved away towards the McDonalds a few blocks away, taking pictures as she went.98
222. She was walking towards the door of the McDonald’s when an officer grabbed her from behind and shoved her to the ground. “Are you resisting?” he asked. “I'm a journalist, my credentials are in my right pocket, you can take them out,” Karen said, using the calmest voice she could muster. She feared to put her hands into her pockets herself. “Fuck you, journalist,” he shouted from behind Karen’s ear. “You don’t listen.” Eventually, Karen stopped saying she was a journalist because this seemed to make the officer angrier.
223. The officers ziptied her hands together – so tight that her hands hurt, then went numb, and then began to change color. “Could you loosen it a little? Please,” Karen asked. “Which one hurts?” he replied. She nodded silently toward her left hand, then puffy and bluish red. He grabbed the plastic cuff on her right hand, grunted, and pulled it tighter.
224. Another officer showed her a large serrated knife and jokingly offered to use it on her. Karen heard someone yell her name and she turned to see a friend up the block. She tried to shout her editor's email address to the friend, but the pain made it hard to remember. “Shut up, or we'll arrest her, too," said the officer with the knife. The officer who first grabbed her said again,
97 Id. 98 NRBM, R. Doc. 2-8.
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“Fuck you, journalist.” 225. Karen was handed off to another officer. The pain in her hands had become so
intense that Karen began to get dizzy. Another officer said "What the hell did they do to you?" and got an officer to bring clippers to cut the zipties. The officer told her she had to hold still and then rammed the tool under the plastic tie. The edges of Karen’s vision grew dim and she could hear herself scream. Finally, the left cuff popped off, then the right. Karen could breath again. The officer quickly pulled back Karen’s hands and put on more ties. They were still painful, but not excruciating like the last pair.
226. While waiting for police transport, Karen met Tammy and Alexus. Tammy said police told her she would be charged with abandonment of her son, who would be turned over to Louisiana’s Department of Social Services. Karen turned her head to hide the tears she felt rolling down her face.
227. As she talked, Karen noticed the curb felt oddly smooth and cold in the heat. Then she realized she wasn’t feeling the curb at all – her hand had gone numb.
228. Karen and thirteen other people were transported to East Baton Rouge Police Parish in an over-filled van without being seat-belted. Karen thought of Freddie Gray, who died in the back of an unpadded police wagon.
229. At the jail, she was packed into cells, with up to 24 people in her cell. There was not even enough room for everyone to sit down. She was strip searched and exposed to pepper spray. Karen noticed that even seventeen-year-old Alexus was strip-

searched and required to squat and cough. Only once she was in jail did Karen notice that her knees were scraped and bleeding.

Figure 37: One of Karen’s bloodied knees.

When one of Karen’s non-protester cellmates found out that Karen was a journalist, she went

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back to her bunk and returned with a piece of paper and a pencil. “Write,” she said. “Please write about us.”
230. Karen’s children were frightened. Karen’s daughter Aiesha had been texting with her mother when Karen was arrested. She became worried when her mother stopped responding. “I’m definitely shaken by this,” Aiesha said. “I don’t know what’s going to happen now. I don’t know when she’s going get out. I don’t know what they’re going to do to her.”99
231. Karen was released the next day when her photographer, Marco Poggio, posted bond for her.
232. A neurologist later confirmed that Karen had suffered nerve damage in her left wrist and left hand.
233. In reporting on the event, she said that the protest that day “made me wonder what happens in Baton Rouge when the world isn’t watching.”100
234. Cherri Foytlin. Cherri is a journalist and activist from Rayne, Louisiana. On July 10, 2016, she missed the youth-led march to the state capitol because she was stuck in traffic. She was there to report for the Bridge the Gulf Project. She joined the protesters when they had been diverted off of Government Street. When police arrived in riot gear, Cherri joined the protesters standing in Ms. Batiste’s yard because “that's
Figure 38: Cherri is told to “get back bitch” by the purple-shirted officer who had pointed a gun at protesters and reporters the night before. (Photo by Cherri Foytlin)
99 Daryl Khan, JJIE Reporter Arrested in Baton Rouge While Covering Protest. Juvenile Justice Information Exchange, July 11, 2016. 100 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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where people would need the most documentation."” Cherri was in that yard shooting photos when Defendants grabbed a person next to her, pushing her into a fence. Cherri stepped back to avoid getting in the way of the arrest, and she heard someone say heard someone say, “Cat, grab her.” Cherri was then pushed by a female officer wearing a purple shirt who said “get back, bitch.” Cherri recognized her from video as the officer who had been pointing her assault rifle at protesters and reporters the night before. The officer was later identified as Cpl. Mancuso.
235. At the order of a male officer, two male officers pushed Cherri to the ground and painfully ziptied her hands together. Cherri dropped her phone and an officer took it. The officers who were ziptying her said "that phone is gone now!"
236. Once Cherri was ziptied, Cpl. Mancuso came towards her. She told the two officers that she "want[ed] this one," meaning Cherri. Cherri thought the woman wanted revenge for Cherri photographing her earlier. Cherri says “[t]hat's when I knew I was in trouble.” Cpl. Mancuso grabbed Cherri and pulled her backwards through the street. Cherri told her, "I can't walk

backwards as fast as you can walk forwards." She responded, "you are going to have to," and sped up. Twice Cherri fell and the officer kept walking,

Figure 39: Defendants pull Cherri’s (white shirt) ziptiedarms up painfully as an officer hands her off to the purple-shirted officer. A witness cries: “That’s a journalist! (Video by Kelly Orians at 3:29.)

dragging Cherri until she could get her feet back under her. Cherri told her that she was with the

press and had a press pass in her car. Cpl. Mancuso told Cherri that she was not the press and to

"shut the fuck up."

237. As Cherri is walked to the van, a witness cries “That’s a journalist! That is a

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journalist! You’re arresting journalists!”101 238. When Cherri said that the zipties were too tight and hurt her, Cpl. Mancuso said
“a person can go six hours without circulation to their hands” and tightened them even more. 239. As they were loading Cherri into the police van, an officer returned her phone.
Cherri told him, “I want you to know I don’t hate you.” She later described it as a “very human moment.”
240. Cherri had to spend a night in a cold jail cell with no blanket, and was stripsearched twice. Pepper spray was used on her when some protesters sang civil rights songs in jail.
241. Dr. Daniel Liebeskind. In July 2016, Daniel was a obtaining his Doctorate of Musical Arts at LSU.
242. On July 10, Dr. Liebeskind complied with the police orders. When the officers told the protesters to move back to the sidewalks and then back further than the sidewalk, Dr. Liebeskind complied. Indeed, he went further than compliance – he told other protesters to “get off the sidewalk, get on the grass” to encourage their compliance too.
243. When he heard Defendants announce, “This is no longer a peaceful protest,” Dr. Liebeskind was standing on the grass by Lisa Batiste’s porch. He could see lines of officers

marching as a unit with shields up, and heard from other protesters that they were approaching from the other direction as well. The officers surrounded him and then

Figure 40: A photo taken by Dr. Liebeskind moments before his seizure shows that he was standing well back from the street and sidewalk.

charged. Dr. Liebeskind froze and put his hands into the air. All he knew was that he didn’t want

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to antagonize the officers. He was tackled to the ground by an arresting officer. On the ground, Dr. Liebeskind said, “I am not resisting. I am not resisting.” When directed to put his hands behind his back, he tried, telling the officer “I’m trying, sir.” But he couldn’t because one officer was stepping on his right arm and shoulder, immobilizing it. An officer put a knee into Daniel’s back and ziptied his hands. An officer then tried to pull Daniel’s bicycle helmet off his head with brute force, rather than undoing the clasp. One of the officers kicked Daniel’s phone out of his hand, where it was permanently lost.
244. While waiting to be transported to the jail, Dr. Liebeskind had another protester email his family with a phone. An officer came over and said a statement similar to: “What the HELL do you think you’re doing? Put that damn phone away or else I WILL come over there and break your face. I’m a nice guy but you do NOT want to aggravate me!”
245. Later Daniel shared with his friends that: Being rushed by police in riot gear may be the scariest thing I’ve ever experienced. That experience – that fear – had an enormous influence on my thinking while in jail. I knew that I *should* go out again to stand up and speak out, but I was afraid. I kept on thinking of the Kent State shootings and [whether I] can help without putting my life at risk. . . . it was the fear of police that had me telling myself to stay home and not protest in the future. That fear is very real, and for someone like me it is a STRONG deterrent. 246. Ultimately, Dr. Liebeskind decided to protest again in the future. He said that “I will be back out there non-violently protesting to live in an America where a dead black person is NOT presumed guilty until proven innocent.” As a result of the protest, Dr. Liebeskind had to buy a new phone, new helmet, and new shirt. 247. Alisha Feldman, Finn Phoenix, and Leah Fishbein. On July 10, 2016, Alisha, Finn, and Leah drove from New Orleans to Baton Rouge to join the youth-led march at the capitol building, and then followed the march back to East Blvd. and France Street. They heard the police say “get out of the street” and “this is no longer a peaceful protest.” So they got out of
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the street and stood on the strip of grass between the sidewalk and the street. Then they heard the police order protesters to get off of the sidewalk, so they retreated back to Ms. Batiste’s yard. It was there that they were seized by the police.
248. Defendants lifted Finn off the ground by their neck, and then put them on the ground with a knee in the back. Finn couldn’t breathe. Finn is a diabetic, and their insulin pump fell out of their pocket. It took repeated pleas to get an officer to return the insulin pump to their pocket. At the prison, after a long time a medic took Finn’s blood sugar and said they were fine. But Finn received no further care

for their diabetes, even though they asked several times for a snack to help them regulate blood sugar. A medic

Figure 41: Red circle shows Defendants putting Plaintiff Finn Phoenix face-down in the street.

finally came back and said “we don’t provide medical care until you are booked, and you haven’t

been booked yet.” Finn’s throat was injured so badly that they could not swallow solid food.

Finn’s neck and back were so sore that a doctor later diagnosed them with muscle bruising, and

prescribed a course of muscle relaxers and physical therapy.

249. When Leah was seized by Defendants, she told them “I’m not resisting!” The

zipties binding her hands were so tight that her hands began to turn purple. At that point, she felt

like she was blacking out or disassociating as a result of the pain and fear.

250. In the days and weeks subsequent to her arrest, Leah felt very heightened levels of

anxiety. She saw a doctor about one week after the arrest for the pelvic injury she sustained,

during which her pelvic bone hit the ground so hard when Defendants tackled her that she was

bruised from mid thigh to mid abdomen. She also saw a podiatrist about a month afterwards for

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Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 66 of 82 foot pain, because immediately after her arrest she began to suffer from toe and foot pain that worsened over time. Her physical therapist diagnosed her with cervical/lumbar/thoracic spine instability and postural dysfunction, which has resulted in neck pain, hip flexor pain, foot and back pain.
251. When Alisha was seized, one Defendant was bending her hands in a way that caused her pain. She cried out, and he bent it harder – and said “this wouldn’t happen if you weren’t crying so loud.” She has been having wrist problems since her arrest.
252. Subsequent to their treatment, Finn, Alisha, and Leah attended a group therapy session to relieve their collective trauma/anxiety.
Figure 42: Original artwork by Alisha Feldman. The image is an excerpt from a piece is entitled “No Cops,” and shows her arrest with depictions of the law enforcement officers omitted so that only their effects are visible. (Alisha Feldman, No Cops, August 2016.)
The Municipal Policies and Practices of the City/Parish, the Baton Rouge Police Department and the East Baton Rouge Sheriff’s Office Caused the Violations of Plaintiffs’
Constitutional Rights. 253. The policies and practices of the City/Parish, the BRPD, the East Baton Rouge
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Sheriff’s Office, and the other Agency Defendants were a motivating force behind and a contributing cause of the constitutional violations that Plaintiffs suffered.
254. Defendants employed well-settled, inter-related de facto and explicit policies and practices to suppress the Plaintiffs’ exercise of their First Amendment rights and to otherwise violate Plaintiffs’ constitutional rights, including:
a. Criminalizing individuals who criticize law enforcement; b. the control and termination of protest and dissent through the targeting for
arrest, detention, abuse, and denigration of perceived protest “leaders” and, in particular, individuals who criticize the police; c. failing to create and implement clear, understandable policies for the benefit of sworn police personnel regarding how to respond constitutionally to mass demonstrations and spontaneous protest; d. failing to train sworn personnel on the importance of protecting and respecting the exercise of First Amendment rights through assembly and protest; e. Directing the creation of pre-printed forms of affidavits of arrest, with facts already pre-written. f. the use of riot gear—i.e., military armaments—such as shields, helmets with facemasks, body armor, batons, rifles, and military vehicles without just cause and in order to frighten and intimidate those who wish to peacefully assemble to voice their concerns on issue of public importance, thereby creating an atmosphere of tension; g. failing to discipline sworn personnel who use excessive force, engage in racist policing, prepare false reports, falsely arrest citizens, and/or violate
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First Amendment rights, thereby creating a culture of impunity in which officers who commit such misconduct learn that they will suffer no adverse consequences; h. allowing a widespread practice of excessive force to continue unabated, despite notice of the pattern and the full knowledge of policymakers; i. failing to create and implement a “street closure” permitting process to enable those who wish to engage in demonstrations on matters of immediate public importance to obtain a permit on an emergency basis (i.e., with waiver of the 45 day notice requirement); j. imposing onerous financial conditions on those who seek to engage in protest—i.e., requiring proof of $1 million in liability insurance coverage and a receipt for rental of barricades. 255. The individual Defendants, including but not limited to the currently unknown Law Enforcement DOES, acting on the instructions and with the approval of Defendants Holden, Dabadie, Gautreaux, and Edmonson arrested Plaintiffs pursuant to one or more of the policies listed in the preceding paragraph 256. At all pertinent times herein, Defendants Holden, Dabadie, and Gautreaux were aware that the policies, procedures, practices, customs, and usages they established for the CITY/PARISH, BRPD, and EBRSO would result in violations of constitutional rights. These defendants ignored that risk and acted unreasonably, intentionally, and with knowing disregard for Plaintiffs’ constitutional rights as described above. 257. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed above were implemented and applied intentionally with knowing disregard for the rights of Plaintiffs. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed in were
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implemented by the Defendants, working in concert to suppress the right of community members to petition the government for redress of grievances.
IV. CAUSES OF ACTION One - Violation of First Amendment Rights to Speech and Assembly
(All Plaintiffs against All Defendants) 258. Plaintiffs incorporate the allegations in each preceding and following paragraph. 259. In Cox v. Louisiana, 379 US 559 (1965) (“Cox II”) a group of peaceful civil rights protestors were told by the Baton Rouge Police Chief that they must confine their demonstration to “to the west side of the street." The protesters complied. Law enforcement then ordered them to disperse, saying “"Now, you have been allowed to demonstrate. Up until now your demonstration has been more or less peaceful, but what you are doing now is a direct violation of the law, a disturbance of the peace, and it has got to be broken up immediately." Law enforcement then swept in and arrested Rev. Elton Cox. The Supreme Court held that this violated Rev. Cox’s First Amendment rights. 260. History repeated itself in 2016. A group of peaceful civil rights protesters were told by Baton Rouge law enforcement that they must move their demonstration out of the streets, and then off of the sidewalks. Each time, Plaintiffs complied. Defendants then told them to disperse, declaring that it was “no longer a peaceful protest.” Defendants then swept in and arrested Plaintiffs. 261. Just as Rev. Cox’s First Amendment rights were violated by Baton Rouge law enforcement in 1961, so too were Plaintiffs’ rights violated in 2016. 262. The protests in Baton Rouge are subject to heightened protection for the additional reason that they are peaceful and conducted on public streets and sidewalks. “Consistent with the traditionally open character of public streets and sidewalks, [the Supreme Court] ha[s] held that the government’s ability to restrict speech in such locations is ‘very
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limited.’” McCullen v. Coakley, 134 S. Ct. 2518, 2529 (2014). The government is “sharply circumscribed” in its authority to restrain expressive activity in “places which by long tradition or by government fiat have been devoted to assembly and debate.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983). Public places, such as streets and sidewalks, that are associated with the free exercise of expressive activities “are considered, without more, to be ‘public forums.’” United States v. Grace, 461 U.S. 171, 177 (1983); see also Snyder, 131 S. Ct. at 1218 (observing that the Supreme Court has “repeatedly referred to public streets as the archetype of a traditional public forum”); Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 469 (2009) (noting “government entities are strictly limited in their ability to regulate private speech” in “such ‘traditional public fora’” as public streets and parks); Frisby v. Schultz, 487 U.S. 474, 481 (1988) (finding that courts need not make any “particularized inquiry into the precise nature of a specific street” because “all public streets are held in the public trust and are properly considered traditional public fora”). Any government act to silence speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism, 491 U.S 781, 798-99 (1989).
263. Plaintiffs, and others like them, have since attempted to engage in peaceful protest on the streets and sidewalks of Baton Rouge—the very places which the Supreme Court has described as having “immemorially been held in trust for the use of the public and [which], time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 (1939).
264. In some of Plaintiff’s arrests, the arresting officers explicitly linked the Plaintiff’s expression to the reason why they were being arrested. For example, just before they arrested her, Defendants told Alexus they had seen her “flicking them off.”
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Two - Violation of First Amendment Freedom of Press (Plaintiffs Karen Savage and Cherri Foytlin Against All Defendants) 265. Plaintiffs incorporate the allegations in each preceding and following paragraph. 266. Defendants violated Karen and Cherri’s rights under the First Amendment to freedom of the press by interfering with their ability to gather information and cover a matter of public interest as members of the media. When told that Karen was a member of the press and offered credentials, Defendant said “fuck you, journalist” several times. 267. Observing and recording public protests, and the police response to those protests, is a legitimate means of gathering information for public dissemination that is protected by the freedom of speech and freedom of the press clauses of the First Amendment, as applied to the states under the Fourteenth Amendment to the United States Constitution. Defendants engaged in these unlawful actions willfully and knowingly, acting with reckless or deliberate indifference to Plaintiffs’ First Amendment rights. 268. This was part of a pattern by Defendants. That weekend Defendants arrested Lee Stranahan, a conservative journalist from the news site Breitbart, a self-professed critic of Black Lives Matter critic, and a strong supporter of law enforcement. He reported “I did nothing to break the law. I was not obstructing traffic because with the road closed and police blocking the lane, there was no traffic. At no point did I hear the police give any order for me or anyone else to stay back. I was given no warning whatsoever; I was simply approached and forced to stop recording.”102 269. Ryan Kailath, an Indian American reporter for a New Orleans NPR affiliate, was arrested while he was on the grass by the highway across from the police station. Trying to move away from an interaction with the police, he found himself surrounded by police who did
102 Bill Quigley, Baton Rouge: ‘Put Those Damn Weapons Down!’, Huffingtonpost.com, July 12, 2016, citing Lee Stranahan, My Weekend Incarceration in a Baton Rouge Prison, Breitbart.com, July 12, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 72 of 82 not let people leave. He was charged with simple obstruction of a roadway despite having camera footage showing he was never in the road.103 WAFB Assistant News Director Chris Slaughter was arrested when he put one foot on the highway to get a better angle for a video shoot.104
270. As a direct and proximate result of Defendants unlawful actions, Plaintiffs were damaged.
Figure 43: A Defendant ordering Plaintiff and Reporter Karen Savage to stop taking pictures of a group of officers handling a protester. (Photo by Karen Savage.)
Three - First Amendment Retaliation (All Plaintiffs against All Defendants) 271. Plaintiffs incorporate the allegations in each preceding and following paragraph. 272. Plaintiffs’ assembly, speech, and newsgathering are protected activities under the First Amendment. 103 Id., citing Ryan Kailath & Eve Troeh, WWNO Reporter Describes Arrest While Covering Baton Rouge Protests, WWNO, July 11, 2016. 104 Amy Wold and Maya Lau, Alton Sterling protesters arrested in Baton Rouge to be prosecuted? DA Hillar Moore explains..., The Advocate, July 10, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 59 01/02/18 Page 73 of 82 273. Defendants’ arrest, use of force, and searches of Plaintiffs were intended to deter
and chill their exercise of First Amendment Rights. 274. For example, it seemed that Nadia and Antonio were targeted because they were
leading chants. 275. As a direct and proximate result of Defendants’ actions, Plaintiffs were damaged
and chilled. Four - False Arrest and Imprisonment (All Plaintiffs against All Defendants)
276. Plaintiffs incorporate the allegations in each preceding and following paragraph. 277. Plaintiffs were arrested without probable cause or due process of law. 278. The Affidavits of Probable Cause signed by Defendants were perjured, fabricated, boilerplate affidavits that lacked specifics or even basic indicia of truthfulness. Arrest locations on most were inaccurate by more than five miles. The arresting officers were not the officers who wrote up the affidavits. 279. The officers could not have reasonably believed that they had probable cause to arrest the Plaintiffs for any crime, considering that Plaintiffs had complied with their orders. This is especially so considering the United States Supreme Court had issued its rulings in Cox I and Cox II. 280. Furthermore, a necessary element of both 14:97 and 14:100.1 is that the suspect actually blocks traffic. This was impossible, as Defendants had blocked off both East Blvd. and France Street with lines of officers several rows deep.
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Figure 44: Three frames from a video taken by Plaintiff Victor Onuoha show lines of police Case 3:17-cvof-f0ic0e4rs39bl-oJcWkinDg-EofWf EDast DBlovcd.u(mleeftnatn5d9right0)1a/n0d2F/1ra8ncePSat.g(emi7d4dleo)f. 8T2he irregular shapes are due to the fact that the phone was tilted at an angle.
281. Furthermore, no Plaintiff actually resisted arrest. But even if they had, one of the elements of RS 14:108 (resisting an officer) is that the underlying arrest must be "lawful." Thus, if Plaintiffs weren’t lawfully arrested for violation of 14:97 or 14:100.1, then they couldn't have been guilty of violating 14:108. See State v. Ceaser, 859 So. 2d 639, 643 (2003) ("An individual in Louisiana has a time-honored right to resist an illegal arrest.").
Five - Violation of Fourth Amendment Rights to be Free from Unlawful Search and Seizure
(All Plaintiffs against All Defendants) 282. Plaintiffs incorporate the allegations in each preceding and following paragraph. 283. Plaintiffs have a right under the Fourth Amendment to be free from unreasonable searches and seizures. 284. Defendants violated these rights when they arrested them, detained them, and used force on them without probable cause. 285. Defendants engaged in these actions willfully and knowingly, acting with deliberate indifference to Plaintiffs’ Fourth Amendment Rights. 286. Additionally, when Tammy Cheney returned to her car, she found that Defendants had gone through all the belongings in her car, damaged her trunk, and broken off her side mirror. This was an illegal search as there was no lawful justification for the search. It was not a search incident to arrest, because Ms. Cheney was not arrested in her car. It was not a search
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incident to impoundment, because the car was not impounded. It was not a search for evidence relevant to the crime, because Tammy was arrested for Obstruction of a Public Passageway and Resisting Arrest, two crimes that did not involve anything plausibly in a car.
287. Plaintiffs’ phones were searched and their property seized unlawfully. Six - Excessive Force
(All Plaintiffs against All Defendants) 288. Plaintiffs incorporate the allegations in each preceding and following paragraph. 289. The Defendants employed excessive and unreasonable force, or caused excessive and unreasonable force to be employed, in effectuating the arrests of Plaintiffs, as specifically alleged above, in violation of Plaintiffs’ rights under the Fourth Amendment. 290. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established constitutional rights. Defendants’ misconduct was the cause of Plaintiffs’ injuries. 291. In addition to the actions described above, the use of the acoustic LRAD weapon on Plaintiffs constituted excessive force. LRAD devices were first developed around 2000, initially for the military as a tool for ships to amplify and project noise to ward off other ships. In addition to amplifying sound, LRAD devices can possess a high-pitched, volume adjustable "deterrent tone" that is marketed to law enforcement as useful for crowd control by creating audible discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.105 292. For a Model 3300 LRAD, the space within 320 feet of the device is a zone labeled
105 EDREI v. City of New York, 16-cv-1652 (S.D.N.Y. May 31, 2017) (Denying motion to dismiss regarding LRAD use as excessive force.)
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a "potential danger area."106 Here, Defendants used the LRAD on Plaintiffs at a range of approximately 60 to 80 feet.
293. The level of sound produced by these devices exceeds both the threshold for human discomfort (between 85 and 95 dB) and the normal human pain threshold (between 120 and 140 dB).
294. According to the National Institute for Occupational Safety and Health, “exposures [greater than] 85 dB may cause hearing loss.”
295. According to the National Institute on Deafness and Other Communication Disorders, “any sound over 90 dB can damage a person’s hearing. So the LRAD can threaten the hearing of anyone in its path, regardless of whether there is any wrongdoing.”
Seven - Failure to Intervene (All Plaintiffs Against All Defendants.) 296. Plaintiffs incorporate the allegations in each preceding and following paragraph. 297. The actions of the Defendants were the direct and proximate cause of the violations of Plaintiffs’ Fourth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above. 298. During the events described above, the Defendants stood by without intervening to prevent the violation of Plaintiffs’ constitutional rights under the First, Fourth and Fourteenth Amendments, even though they had the opportunity and duty to do so. 299. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established constitutional rights. 300. As a direct and proximate result of the Defendants’ failure to intervene, Plaintiffs
106 Id. 76

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suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
Eight - Civil Conspiracy to Violate Civil Rights (All Plaintiffs Against All Individual Defendants) 301. Plaintiffs incorporate the allegations in each preceding and following paragraph. 302. Each of the individual Defendants, acting in concert with one another and other yet-unknown co-conspirators, conspired by concerted action to accomplish an unlawful purpose by unlawful means. Each of the individual Defendants took concrete steps to enter into an agreement in July 2016 to unlawfully detain, arrest, and imprison the Plaintiffs, knowing they lacked probable cause to do so, and for the purpose of impeding Plaintiffs from exercising their First Amendment rights to protest by engaging in non-disruptive speech in support of an issue of pressing public importance. 303. In furtherance of this conspiracy, each of the Defendants committed specific overt acts, misusing their police powers for the purpose of unlawfully silencing the Plaintiffs. They accomplished this goal by using excessive force to unlawfully effect the Plaintiffs’ arrests, fabricating evidence against the Plaintiffs, and approving trumped up charges against them, which resulted in their unlawful imprisonment. 304. In the implementation of the conspiracy, the officers, deputies and troopers of each of the law enforcement agencies led by Defendants HOLDEN, DABADIE, GEAUTREAUX and EDMONSON employed the customs and policies set forth above. 305. As a direct and proximate result of the Defendants’ conspiracy, Plaintiffs suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above. 306. Each individual Defendant is therefore liable for the violation of Plaintiffs’ rights by any other individual Defendant.
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Nine - Monell Claim (All Plaintiffs Against Policymaker Defendants) 307. Plaintiffs incorporate the allegations in each preceding and following paragraph. 308. The misconduct described above was caused by the policies, practices, and customs of Policymaker Defendants. 309. The above-described widespread practices, which were so well settled as to constitute the de facto policy of the Defendants, were allowed to exist because policymakers with authority over these acts exhibited deliberate indifference to the problem, thereby effectively ratifying it. 310. This is clear both from the history of Defendant agencies described above, and more specifically from the >100 wrongful arrests of protesters in the two days prior to Plaintiff’s arrest. See the list of arrestees attached as Exhibit E. 311. The policies, practices, and customs set forth above were the driving force behind the numerous constitutional violations in this case that directly and proximately caused Plaintiffs to suffer the grievous and permanent injuries and damages set forth above. 312. Defendants named in this Count, acting individually and together, under color of law, acted to violate Plaintiffs’ rights as set forth in the preceding claims. Policymaker Defendants have developed and maintained policies, practices, procedures, customs, and usages exhibiting deliberate indifference to the constitutional rights of citizens and residents of the City/Parish, including but not limited to those policies, practices, procedures, customs, and usages described above, which caused the violation of Plaintiffs’ rights as described herein and the resultant damages suffered. 313. Policymaker Defendants had the power to prevent or aid in the prevention of the wrongs done and conspired to be done as described herein, yet failed or refused to do so, in violation of 42 U.S.C. § 1983.
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314. The actions of the Defendants were the direct and proximate cause of the violations of Plaintiffs’ First, Fourth, and Fourteenth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
315. Moreover, the actions of all Defendants were directed, condoned, and/or ratified by Policymaker Defendants.
Ten - Violation of the Louisiana Constitution (All Plaintiffs Against All Defendants)
316. Plaintiffs incorporate the allegations in each preceding and following paragraph. 317. Defendants’ actions in arresting, detaining, and using force on Plaintiffs as described above interfered with their exercise of fundamental rights to speech, assembly and press, as guaranteed by Louisiana’s Constitution. It also interfered with their state constitutional rights of privacy, freedom from false arrest and unlawful search and seizure. Eleven - Intentional and Negligence State Torts - Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Assault, Battery, False Imprisonment, Malicious
Prosecution, and Negligence (All Plaintiffs Against All Defendants) 318. Plaintiffs incorporate the allegations in each preceding and following paragraph. 319. Defendants’ conduct was extreme and outrageous; knowing that the emotional distress suffered by the Plaintiffs was severe; and Defendants desired or acted with recklessness to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from their conduct. They maliciously commenced criminal proceedings against Plaintiffs using perjured and fabricated boilerplate Affidavits of Probable Cause. They falsely told Tammy Cheney that she would be charged with child endangerment, and that her children would be taken away. 320. Defendants committed intentional offensive contact with Plaintiffs without right,
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and put the Plaintiffs in apprehension of such contact. 321. They imprisoned and detained Plaintiffs without probable cause or justification,
and breached their duty of care with regards to Plaintiffs. 322. Defendants’ actions were the cause-in-fact of Plaintiffs’ injuries. Twelve- Vicarious Liability (All Plaintiffs Against All Supervisor Defendants) 323. Plaintiffs incorporate the allegations in each preceding and following paragraph. 324. All supervisor Defendants are liable to Plaintiffs for the negligent and intentional
acts and omissions of those under their direction and control pursuant to Louisiana Civil Code article 2320 and the doctrine of respondeat superior.
Thirteen - Indemnity (All Plaintiffs Against All Agency Defendants) 325. Plaintiffs incorporate the allegations in each preceding and following paragraph. 326. Louisiana law provides that public entities are directed to pay any tort judgment for compensatory damages for which employees are liable for actions taken in the discharge of their duties that are within the scope of their employment activities. 327. While committing the misconduct alleged in the preceding paragraphs, some Defendants were employees, members, and agents of agency Defendants within the scope of their employment. 328. Agency Defendants are therefore obligated by Louisiana statute to pay any judgment entered against their employees.
Fourteen - State Law Direct Action Claim (Against Defendant Insurance Companies) 329. Plaintiffs incorporate the allegations in each preceding and following paragraph. 330. Defendant Insurance Companies, upon information and belief, have issued and/or currently have in effect one or more policies of insurance covering one or more of the
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Defendants named herein. For valuable consideration received, these policies obligated Defendant Insurance Companies, jointly and/or severally, to pay on behalf of their insured Defendant(s) any sums the insured Defendant(s) may become obligated to pay to Plaintiffs or to indemnify their insured Defendant(s) for any sums the insured Defendant(s) may become obligated to pay to Plaintiffs.
331. By reason of their illegal and unconstitutional acts, Defendants are liable to Plaintiffs for all damages and injuries Plaintiffs has suffered as a result. Upon information and belief, Defendant Insurance Companies are contractually obligated to pay these sums on behalf of the insured Defendant(s).
332. Upon information and belief, Defendant Insurance Companies are liable to Plaintiffs for any and all damages incurred by reason of the insured Defendant(s)’ acts, up to their policy limits, notwithstanding the fact that the insured Defendant(s) may themselves be able to assert claims of privilege or immunity from liability.
333. Under Louisiana Revised Statute § 22:655(B), Plaintiffs bring a direct action against Defendant Insurance Companies to recover any and all sums they are obligated to pay Plaintiffs on behalf of their insureds or to indemnify their insureds.
VII. PRAYER FOR RELIEF THEREFORE, Plaintiffs respectfully request a trial by jury. They request that this Court enter the following relief: A.Issue a permanent injunction requiring Defendants to end their practices and policies as described above, as some Plaintiffs wish to participate in future protests in Baton Rouge; B. Issue a permanent injunction to (1) require Defendants to obtain the expungement of Plaintiffs’ arrests at Defendants’ cost; (2) bar Defendants from reporting Plaintiff’s arrests to any law enforcement agency, database, employer, or credit agency; (3) end their practices and
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policies as described above;
C. Enter a declaratory judgment, specifying Defendants’ constitutional and statutory
violations and declaring the rights of the Plaintiffs;
D.Award nominal damages;
E. Award special damages;
F. Award compensatory damages;
G.Award Plaintiffs their costs and reasonable attorneys’ fees incurred in this action,
pursuant to 42 U.S.C. § 12205, 28 C.F.R. § 35.175, and 29 U.S.C. § 794a(b);
H.Order such other and further relief, at law or in equity, to which Plaintiffs may be justly
entitled.
Respectfully submitted,
_/s/ John Adcock__________ JOHN ADCOCK Louisiana Bar No. 30372 P.O. Box 750621 New Orleans, LA 70175 Tel: (504) 233-3125 Fax: (504) 308-1266 Email: jnadcock@gmail.com
/s/ William Most_________ WILLIAM MOST Louisiana Bar No. 36914 201 St. Charles Ave., Ste. 114 #101 New Orleans, LA 70170 Tel: (650) 465-5023 Email: williammost@gmail.com
/s/ Michelle M. Rutherford MICHELLE M. RUTHERFORD Louisiana Bar No. 34968 1700 S. Rampart St. New Orleans, LA 70113 T: (415) 794-5639 F: (504) 407-2131 Email: michelle@rfordlaw.com
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 Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 1 of 85

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

____________________________________

)

BLAIR IMANI, AKEEM MUHAMMAD, )

RAAE POLLARD, SAMANTHA NICHOLS, )

TAMMY CHENEY, ALEXUS CHENEY, )

VICTOR ONUOHA, KAREN SAVAGE, )

CHERRI FOYTLIN, ALISHA FELDMAN, )

ANTONIO CASTANON LUNA, NADIA )

SALAZAR SANDI, DANIEL LIEBESKIND, )

FINN PHOENIX, LEAH FISHBEIN,

)

)

Plaintiffs,

)

Docket No. 17-cv-00439-JWD-EWD

v.

)

)

CITY OF BATON ROUGE; PARISH OF )

EAST BATON ROUGE; MELVIN LEE “KIP”)

HOLDEN; SID J. GAUTREAUX III;

)

CARL DABADIE, JR.; JONNY DUNNAM; )

LOUISIANA STATE POLICE;

)

MICHAEL EDMONSON; KEVIN REEVES; )

OFFICER LAPEYROUSE; BILLY WALKER;)

JONATHAN ABADIE; REAB SIMONEAUX,)

JR.; WILLIAM ALEXANDER; OFFICER )

THOMAS; DERRICK WILLIAMS; CURTIS )

WILSON; TAYLOR GIROIR; ALEX BELL; )

TRAVIS NORMAN; WILLIE WILLIAMS; )

DARREN HUNT; EARL LAPEYROUSE; )

ALAINA MANCUSO; BEAU COMEAUX; )

HERMAN NEWELL; WILLIAM SEYMOUR;)

JOE DESSENS; MARK DENNIS;

)

JONATHAN JAMES; GERALD VARNADO;)

SAMUEL CAPACI; KEVIN CURLEE;

)

KEVIN CANNATELLA; JOHN CLARY; )

JEFF PITTMAN; JASON DOHM; KENNY )

BREWER; RICHARD MCCLOSKY; JAMES )

THOMAS; EARNEST JONES; KIRK

)

GLOVER; KEITH WILSON; MARSHALL )

MENOU; JAMES JAMISON; TROY BANKS )

CALVIN PRATER; BRANDON MCCALL )

JASON JONES; HARRY HOWARD; JUSTIN )

WALKER; ALAN HAMILTON; BRANDON )

BLUST; JAMES CROCKETT; RANDALL )

WIEDEMAN; DAVID WALLACE; MIKE )

WALKER; CHRISTOPHER BRYAN

)

TAYLOR; MYRON DANIELS; AIX GROUP;)

LAW ENFORCEMENT DOES 1 – 100;

)

1

Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 2 of 85

INSURANCE COMPANY DOES 1 – 500 )

)

Defendants.

)

______________________________________)

SECOND AMENDED COMPLAINT

Plaintiffs, through undersigned counsel, hereby file this Second Amended Complaint.

INTRODUCTION

1. On July 5, 2016, Baton Rouge police officers shot Alton Sterling to death.

2. Mr. Sterling was a resident of Baton Rouge and the father of five children. His

death was a tragedy, but not an aberration: in America in 2016, police killed at least one black

man every forty hours.1

3. In the days following Mr. Sterling’s homicide, people gathered in Baton Rouge to

speak out about the pattern of police misconduct in Baton Rouge and the United States. Some of

them were Baton Rouge residents; others came from around Louisiana or other states to support

the community and to participate in the demonstrations. Reporters from all over the country and

world arrived to document the events.

4. On July 10, 2016, a peaceful, youth-led protest marched to the State Capitol

building, where participants spoke, sang, and prayed. Afterwards, the participants marched back

down Government Street. Where Government Street hits East Boulevard, law enforcement had

set up a roadblock. Officers directed the marchers to get off of Government Street. The marchers

complied and turned right onto East Blvd. A block down, the protesters stopped at the

intersection of East Blvd. and France Street. The protesters gathered there and peacefully

exercised their First Amendment rights to sing, pray, and hold up signs.

5. Law enforcement officers by the score gathered across from the protesters,

1 Fatal Force,The Washington Post. 2017. 2

Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 3 of 85 wielding automatic weapons, body armor and gas masks, and an acoustic weapon mounted on an armored vehicle.2 Officers blocked off the streets around the protesters.
6. Law enforcement ordered the protesters out of the streets, and most of the protesters – including Plaintiffs – complied, stepping back onto the sidewalks.
7. Law enforcement then ordered the protesters off the sidewalks, and most of the protesters – including Plaintiffs – complied. They stepped back into the yard of Lisa Batiste, a woman who had given them permission to use her property.
8. But law enforcement said “where you are standing isn’t good enough.” They ordered the protesters to disperse – an impossible order to comply with, since the police blocked off most of the surrounding streets, had already ordered the protesters to stay off the sidewalks, and were arresting people who stepped into the streets to leave.
2 The acoustic weapon is called an LRAD (Long Range Acoustic Device). LRADs were first developed for the military as a tool for ships to amplify and project noise to ward off other ships. LRADs are marketed to law enforcement for crowd control by creating discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.
3

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Figure 1:

Plaintiff Raae Pollard peacefully protesting (left) and then lifted off the ground by her throat by Defendants (right).

9. Shortly thereafter, the officers swept in en masse, violently grabbing people and throwing to the ground, pinning them, and binding their wrists painfully with plastic zipties. In their frenzy, the officers arrested a mix of protesters, reporters, and legal observers. The arrestees, including Plaintiffs, were assembled into groups. Other officers wrote Affidavits of Probable Cause using pre-fabricated forms, most of which were written with facts from a different event entirely. Plaintiffs were charged with “Obstructing a Public Passageway” or “Obstruction of a Highway” and “Resisting Arrest.”
10. Plaintiffs are thirteen protesters and two reporters arrested and jailed during this police frenzy, even though they continuously complied with police orders and had done nothing wrong. Many Plaintiffs were injured. One Plaintiff was a 17-year-old girl put in an adult prison with male inmates. One Plaintiff was separated from her children, including a five-year-old who

4

Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 5 of 85 was taken from her and put into child protective services.
11. Defendants’ arrest of peaceful protesters in Baton Rouge is not a new invention. In 1961, the same story happened: Protesters gathered in Baton Rouge to speak out against racial inequality and law enforcement misconduct. They marched and then gathered on the sidewalks to make their voices heard. Baton Rouge police monitored the protest and then swept in to break up the protest. They arrested a man for alleged legal violations including “Obstructing a Public Passageway.”
12. The man took his case all the way to the U.S. Supreme Court. The Court told the City of Baton Rouge that its actions had violated the Constitution. It held in Cox v. Louisiana, 379 U.S. 536, 558 (1965) (“Cox I”) that it was “clear” that Baton Rouge law enforcement committed a “unwarranted abridgment of [the protester’s] freedom of speech and assembly secured to him by the First Amendment.”
13. But Defendants did not learn from the Supreme Court's clear and unequivocal admonishment. In 2016, they committed the same constitutional violations, using the same tactics, with some of the same criminal allegations. But this time, things are far worse: in 1961, Defendants arrested a single protester; in 2016, Defendants arrested approximately two hundred protesters, reporters, and legal observers.
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An officer (Source: It

watches protesters in Baton Happened in Baton Rouge,

UR.oSu.gAe.)inTh1e96U1n. itedFigure

2:

States Supreme Court decided that the arrest of a Baton

Rouge protester that year was a “clear” violation of First

Amendment rights. Cox v. Louisiana, 379 U.S. 536 (1965).

Officers watch protesters in 2016, shortly before illegally arresting them. The pictured protesters include Plaintiffs Blair Imani, Raae Pollard, and Akeem Mohammad.

14. This lawsuit focuses on three connected events that occurred on July 10, 2016. The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and their separation from Tammy Cheney’s five-year-old son A.J. and their dog Kelso. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
15. Regarding the massive violation of constitutional rights that occurred on that day, Baton Rouge Police Department spokesman Sgt. L'Jean McKneely said that "[a]nyone who feels that something was unjustly done, they need to file a formal complaint."3

3 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 7 of 85

16. Plaintiffs know “that something was unjustly done.” Here, they accept

McKneely's invitation "to file a formal complaint."

II. JURISDICTION AND VENUE

17. Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1985(3), to vindicate

their rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States

Constitution. Plaintiffs also bring supplemental state-law claims. This Court has jurisdiction

pursuant to 28 U.S.C. §§ 1331, 1343, and 1367.

18. This case seeks remedies under 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. §§ 1983,

and 1988.

19. Venue in this Court is proper pursuant to 28 U.S.C. § 1391 as a substantial part of

the events giving rise to Plaintiffs’ claims arose in the Middle District of Louisiana.

III. PARTIES

A. Plaintiffs

Table 1: Summary of Plaintiff Information

Name Blair Imani Akeem Muhammad Raae Pollard Sami Nichols Tammy Cheney Alexus Cheney Victor Onuoha Antonio Castanon Luna Nadia Salazar Sandi Karen Savage Cherri Foytlin Dr. Daniel Liebeskind Alisha Feldman Finn Phoenix Leah Fishbein

Charged With Resisting Arrest (14:108) plus: 14:97 14:100.1 14:100.1 14:97 14:100.1 14:97 14:97 14:100.1 14:97 14:100.1 14:97 14:100.1 14:97 14:97 14:97

Location of Arrest
Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Next to her car at East Blvd. and Gov. St. Next to her car at East Blvd. and Gov. St. Ms. Batiste’s lawn Sidewalk at corner of Gov. St. & Maximillian Sidewalk at corner of Gov. St. & Maximillian In the shrubbery at the McDonald's On grass between sidewalk and Ms. Batiste’s fence Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn Ms. Batiste’s lawn

Role
Protester Protester Protester Protester Protester Protester Protester Protester Protester Reporter Reporter Protester Protester Protester Protester

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20. Plaintiff BLAIR IMANI. Blair attended the July 10, 2016, events as a protester. Blair’s full name is Blair Elizabeth Brown; she goes by Blair Imani. Blair uses the pronoun “she.”
21. Plaintiff AKEEM MUHAMMAD attended the July 10, 2016, events as a peaceful protester. Akeem uses the pronoun “he.”
22. Plaintiff RAAE POLLARD attended the July 10, 2016, events as a peaceful protester. Raae uses the pronoun “she.”
23. Plaintiff SAMANTHA NICHOLS goes by “Sami” and uses the pronoun “they.”4 Sami attended the July 10, 2016, events as a peaceful protester.
24. Plaintiff TAMMY CHENEY attended the July 10, 2016, events as a peaceful protester. Tammy uses the pronoun “she.”
25. Plaintiff ALEXUS CHENEY attended the July 10, 2016, events as a peaceful protester. She was seventeen at the time. Alexus uses the pronoun “she.”
26. Plaintiff VICTOR ONUOHA attended the July 10, 2016, events as a peaceful protester. Victor uses the pronoun “he.”
27. Plaintiff KAREN SAVAGE attended the July 10, 2016, events as a reporter and a member of the press. Karen uses the pronoun “she.”
28. Plaintiff CHERRI FOYTLIN attended the July 10, 2016, events as a reporter and a member of the press. Cherri uses the pronoun “she.”
29. Plaintiff ALISHA FELDMAN attended the July 10, 2016, events as a peaceful protester. Alisha uses the pronoun “she.”
30. Plaintiff ANTONIO CASTANON LUNA attended the July 10, 2016, events as a
4 “They” is generally used as a pronoun for people who identify as neither male nor female. See, e.g.,: Avinash Chak, Beyond 'he' and 'she': The rise of non-binary pronouns, BBC News. December 7, 2015.
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peaceful protester. “Castanon Luna” is Antonio’s last name, and he uses the pronoun “he.”

31. Plaintiff NADIA SALAZAR SANDI attended the July 10, 2016, events as a

peaceful protester. “Salazar Sandi” is Nadia’s last name, and she uses the pronoun “she.”

32. Plaintiff Dr. DANIEL LIEBESKIND attended the July 10, 2016, events as a

peaceful protester. Daniel uses the pronoun “he.”

33. Plaintiff FINN PHOENIX attended the July 10, 2016, events as a peaceful

protester. In July 2016, Finn’s legal name was Caitlin Gaffney. Subsequently, it was changed to

Finn Phoenix. Finn uses the pronoun “they.”

34. Plaintiff LEAH FISHBEIN attended the July 10, 2016, events as a peaceful

protester. Leah uses the pronoun “she.”

B. Defendants

Table 2: Summary of Defendant Information

Rank
Mayor Sheriff Chief Int. Chief
Supr. Supr.
Officer
Officer
Officer
Officer
Sgt. Officer Officer

Name City of Baton Rouge Parish of Baton Rouge Melvin Lee Holden Sid J. Gautreaux III Carl Dabadie, Jr. Jonny Dunnam Louisiana State Police Michael Edmondson Kevin Reeves Lapeyrouse Billy Walker P10177 Jonathan Abadie P10439 Reab Simoneaux, Jr. P10121 William Alexander P10539 Thomas Derrick Williams P7021 Curtis Wilson Taylor Giroir P10410

Agency BR BR BR EBRSO BRPD BRPD LSP LSP LSP BRPD BRPD
BRPD
BRPD
BRPD BRPD
BRPD BRPD BRPD

Notes
Former Mayor-President of the City/Parish Sheriff of East Baton Rouge Was the Chief of BRPD Is the Interim Chief of BRPD
Was the Superintendent of the Louisiana State Police Is the Superintendent of the Louisiana State Police Seized Tammy Cheney; attempted to destroy evidence Signed Aff. of PC for Raae Pollard Signed Aff. of PC for Sami Nichols and Sandi Salazar. Wrote report for Karen Savage Signed report and Aff. of PC for Tammy Cheney and Alexus Cheney. Signed report and Aff. of PC for Blair Imani.
Signed Aff. of PC for Karen Savage. Signed Aff. of PC for Cherri Foytlin
Signed report and Aff. of PC of Leah Fishbein and Alisha Feldman. Signed report and Aff. of PC of Finn Phoenix.

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Officer Officer
Cpl. Officer Officer Cpl. Sgt. Cpl. Lt. Cpl. Ofc. Ofc. Sgt. Cpt. Lt.
Master Tpr. Tpr. Sr. Tpr. Sgt. Tpr.
Sgt. Master Tpr. Sgt. Sgt. Sgt.
Cpl.
Capt.

Alex Bell P10508 Travis Norman P10420 Willie Williams P10178 Darren Hunt Earl Lapeyrouse Alaina Mancuso Jeff Pittman Jason Dohm Kenny Brewer Richard McCloskey James Thomas Earnest Jones Kirk Glover Keith Wilson Beau Comeaux Herman Newell

BRPD BRPD
BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD BRPD LSP

LSP

William Seymour

LSP

Joe Dessens

LSP

Mark Dennis

LSP

Jonathan James

LSP

Gerald Varnado

LSP

Samuel Capaci

LSP

Kevin Curlee

LSP

Kevin Cannatella

LSP

John Clary

LSP

Marshall Menou

James Jamison Troy Banks Calvin Prater Brandon McCall Jason Jones Harry Howard Justin Walker Alan Hamilton
Brandon Blust James Crockett Randall Wiedeman David Wallace Mike Walker

EBRSO EBRSO EBRSO EBRSO EBRSO EBRSO EBRSO EBRSO
BRPD BRPD BRPD BRPD BRPD BRPD

Signed report and Aff. of PC of D. Liebeskind. Signed report and Aff. of PC for Akeem Muhammad. Signed report and Aff. of PC of Victor Onuoha and Antonio Castanon. Approved incident report of D. Liebeskind Approved incident report for Finn Phoenix. The “purple-shirted officer.” Signed incident report of Ms. Foytlin. Involved in the arrest of plaintiffs. Id. Id. Id. Id. Id. Id. Id. Head of the LSP Mobile Field Force The LSP officer who seized Raae Pollard by the neck. (See Fig. 1.) Also a Squad Leader and a "team leader" (i.e., those personnel who were identifying or ordering persons for detention and/or arrest). The LSP officer who seized Raae Pollard by the arms. (See Fig. 1.) A Squad Leader and a "team leader.” Id. Id. Id.
Id.
Id. A Platoon Leader and a "team leader." Id. Present at the intersection of Government and Maximillian during the takedown and arrest of Plaintiffs Antonio Castanon Luna and Nadia Salazar Sandi. Id. Id. Id. Id. Id. Present at the intersection of East and France during mass arrests. Id. Tackled and arrested Plaintiffs Antonio Castanon Luna and Nadia Salazar Sandi. Id. Id. Monitored BRPD perimeter. Gave order to start effectuating arrests. Id.
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Christopher Bryan Taylor Myron Daniels AIX Group

BRPD BRPD EBRSO

Id.
Id. D/B/A Nova Casualty Company. Insurer for Sheriff.

35. Defendant CITY OF BATON ROUGE is a political subdivision of the State of Louisiana. The city’s governing authority is consolidated with the government of EAST BATON ROUGE PARISH. (“CITY/PARISH.”)
36. Defendant PARISH OF EAST BATON ROUGE is a political subdivision of the State of Louisiana. The Parish’s governing authority is consolidated with the government of the CITY OF BATON ROUGE. (“CITY/PARISH.”)
37. Defendant MELVIN LEE “KIP” HOLDEN is an adult resident of the Middle District of Louisiana. Defendant HOLDEN was, at all relevant times, the duly elected MayorPresident of the CITY/PARISH. Defendant HOLDEN was responsible for the supervision, administration, policies, practices, procedures, and customs for the CITY/PARISH and the City’s police department. He was responsible for the hiring, training, discipline, supervision, and control of the BRPD officers who are defendants herein, including Defendant CARL DABADIE. He is sued in his individual capacity as former Mayor-President of the City/Parish.
38. Defendant SID J. GAUTREAUX III is the Sheriff of East Baton Rouge Parish and is an adult resident of the Middle District of Louisiana. The office of Sheriff is an autonomous political subdivision of the State of Louisiana. Defendant GAUTREAUX is responsible for the supervision, administration, policies, practices, procedures, and customs of the East Baton Rouge Sheriff’s Office (“EBRSO”). He was responsible for the hiring, training, discipline, supervision, and control of the EBRSO command staff, supervisors, and deputies. He is sued in his individual and official capacities.
39. Defendant CARL DABADIE, JR. is an adult resident of the Middle District of

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Louisiana. He is the Chief of the Baton Rouge Police Department. Defendant DABADIE was responsible for the supervision, administration, policies, practices, customs, and procedures of the BRPD, as well as the hiring, training, supervision, discipline, and control of police personnel under his command, including the BRPD defendants named herein. He is sued in his individual capacity.
40. Defendant JONNY DUNNAM is an adult resident of the Middle District of Louisiana. He is the Interim Chief of the Baton Rouge Police Department. Defendant Dunnam is responsible for the supervision, administration, policies, practices, customs, and procedures of the BRPD, as well as the hiring, training, supervision, discipline, and control of police personnel under his command, including the BRPD defendants named herein. He is sued in his official capacity.
41. Defendant LOUISIANA STATE POLICE is a law enforcement agency, which upon information and belief was cooperating and working with the Baton Rouge Police Department and other local law enforcement agencies and sharing responsibility and control over monitoring protests and effectuating arrests in Baton Rouge.
42. Defendant Colonel MICHAEL EDMONSON is an adult resident of the Middle District of Louisiana. On July 10, 2016, Defendant EDMONSON was the Superintendent of the Louisiana State Police (“LSP”). Defendant EDMONSON was responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his individual capacity only.
43. Defendant KEVIN REEVES is an adult resident of the Middle District of Louisiana. Defendant REEVES is the Superintendent of the Louisiana State Police (“LSP”). Defendant REEVES is responsible for the supervision, administration, policies, practices, customs, operations, training, staff, and operation of the LSP. He is sued in his official capacity
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Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 13 of 85 only.
44. Defendant OFFICER LAPEYROUSE is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. He also attempted to destroy evidence.
45. Defendant BILLY WALKER P10177 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
46. Defendant Officer JONATHAN ABADIE P10439 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
47. Defendant OFFICER REAB SIMONEAUX, JR. P10121 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
48. Defendant OFFICER WILLIAM ALEXANDER P10539 is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
49. Defendant OFFICER THOMAS is an officer who seized, arrested, used force on, or wrote up one or more Plaintiffs’ affidavit of probable cause, or otherwise illegally interacted with one or more Plaintiffs. The officer’s signature is thus:
50. Sgt. DERRICK WILLIAMS P7021, Officer CURTIS WILSON P1057, Officer TAYLOR GIROIR P10410 , Officer ALEX BELL P10508, Officer TRAVIS NORMAN P10420 , Corporal WILLIE WILLIAMS P10178, Officer DARREN HUNT, Officer EARL
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LAPEYROUSE are officers who seized, arrested, used force on, or wrote up or approved one or more Plaintiffs’ reports or affidavits of probable cause, or otherwise illegally interacted with one or more Plaintiffs.
51. Sgt. JEFF PITTMAN, Cpl. JASON DOHM, Lt. KENNY BREWER, Cpl. RICHARD MCCLOSKEY, Ofc. JAMES THOMAS, Ofc. EARNEST JONES, Sgt. KIRK GLOVER, and Cpt. KEITH WILSON are BRPD officers who seized, arrested, used force on, or otherwise illegally interacted with one or more Plaintiffs.
52. Corporal ALAINA MANCUSO is an officer who seized, arrested, used force on, or wrote up or approved one or more Plaintiffs’ reports or affidavits of probable cause, or otherwise illegally interacted with one or more Plaintiffs. She is also identified herein as “The Purple-Shirted Officer.”
53. Lt. BEAU COMEAUX is the head of LSP’s Mobile Field Force, and was in command of LSP forces at the time of Plaintiffs’ arrests.
54. LSP Sgt. HERMAN NEWELL and Trooper WILLIAM SEYMOUR are the two LSP officers who seized Raae Pollard, and are visible in Figure 1.
55. LSP Sgts. KEVIN CANNATELLA and JOHN CLARY were Platoon leaders at the time of Plaintiffs’ arrests. They were acting "team leaders" (i.e., those LSP personnel who were identifying or ordering persons for detention and/or arrest).
56. LSP Sr. Tpr. JOE DESSENS, Sgt. MARK DENNIS, Sgt. MICHAEL DOWDEN, Tpr. JONATHAN JAMES, Sgt. GERALD VARNADO, Master Tpr. SAMUEL CAPACI, Master Tpr. HERMAN NEWELL, Sgt. KEVIN CURLEE, were Squad leaders at the time of Plaintiffs’ arrests. They were acting "team leaders" (i.e., those LSP personnel who were identifying or ordering persons for detention and/or arrest).
56a. EBRSO officers MARSHALL MENOU, JAMES JAMISON, TROY BANKS,
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CALVIN PRATER, BRANDON MCCALL, and JASON JONES were present at the intersection of Government and Maximillian during the takedown and arrest of Plaintiffs Antonio Castanon Luna and Nadia Salazar Sandi.
56b. EBRSO officers HARRY HOWARD and JUSTIN WALKER were present at the intersection of East and France during the mass arrest of protesters.
56c. BRPD officer RANDALL WIEDEMAN was assigned to monitor the BRPD perimeter during the protests and helped receive and transport arrested protesters.
56d. BRPD officers DAVID WALLACE, MIKE WALKER, CHRISTOPHER BRYAN TAYLOR, and MYRON DANIELS gave orders over the radio to start effectuating arrests of protesters.
57. LAW ENFORCEMENT DOES 1 – 500 are persons presently unknown to Plaintiffs after diligent search and inquiry. OFFICER DOES 1–500 serve as Officers of the BRPD, EBRSO, LSP, and other law enforcement agencies who were involved in the suppression of dissent through the use of excessive force, intimidation, and illegal arrest of protesters in Baton Rouge in July 2016. DOES include the officers who seized and used force on Plaintiffs, as well as the officers who wrote up Plaintiffs’ false affidavits of probable cause. After diligent search and inquiry, Plaintiffs are currently unaware of the extent of the policy-making authority held by specific law enforcement officers who were physically present for the arrests and incarceration of the Plaintiffs. For this reason, Plaintiffs sue the DOES above in both their individual and official capacities.
58. Defendant AIX GROUP, doing business as NOVA CASUALTY COMPANY is a an insurance company that, on information and belief, provides insurance to the Louisiana Sheriff’s Association and some of its members, including the East Baton Rouge Sheriff’s Office. AIX Group is domiciled in Connecticut. Its principal business establishment in Louisiana is in
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Baton Rouge. 59. INSURANCE COMPANY DOES 1 – 100 are as yet unknown insurance
companies, who, upon information and belief, have issued and currently have in effect one or more policies of insurance covering one or more of the Defendants named herein.
60. All of the Defendants (aside from the insurance companies) named in this complaint acted under color of state law at all relevant times. Except as otherwise indicated, each defendant is a joint tortfeasor with every other defendant under Louisiana Civil Code Art. 2324.
IV. STATEMENT OF FACTS A Brief History of Defendants’ Law Enforcement Misconduct 61. Baton Rouge law enforcement has a long history of misconduct and suppression of civil liberties. As described above, BRPD’s 1961 suppression of a peaceful protest and arrest of Reverend Elton Cox resulted in a U.S. Supreme Court opinion holding that it was “clear” that Rev. Cox’s First Amendment rights had been violated. Cox v. Louisiana, 379 U.S. 536 (1965). 62. A year later, tensions between law enforcement and the Baton Rouge community escalated after the alleged killings of two Black students by EBRSO deputies at a protest on the campus of Southern University in 1972. 63. In 1980, the City of Baton Rouge and several dozen other municipal defendants were placed under a federal consent decree intended to remedy racially discriminatory hiring practices of a class of Louisiana police and fire departments, including the BRPD. In the decades since, nearly every municipal defendant reached compliance with the consent decree and was dismissed from the case – but not the City of Baton Rouge. 64. In September of 2005, the population of Baton Rouge swelled as many residents of New Orleans, a majority Black city, sought refuge from Hurricane Katrina and the resultant flood. The Michigan State Police and New Mexico State Police both sent troopers to assist the
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BRPD in policing the city’s rapidly growing population. 65. Within three days of the troopers’ arrival, both state police agencies had ordered
their troopers to cease operations with BRPD after the troopers witnessed and complained of egregious misconduct and potentially criminal actions by BRPD officers. One state trooper from Michigan said Baton Rouge police attempted to thank him for his help by letting him "beat down" a prisoner.5 A spokeswoman for the Michigan State Police told a reporter that “troopers observed Baton Rouge police officers engage in actions that were an affront to their sense of dignity and respect.”
66. Members of both the Michigan State Police and the New Mexico State Police shared observations and concerns that were compiled in a formal letter of complaint to the BRPD.6 One Trooper reported that “I personally believe that most of the Baton Rouge Police Department are good officers that are being directed by their supervisors to crack down on the public. I don’t know if they have been given any type of direction as to what is right or wrong.”7
67. As writer Jarvis DeBerry put it: “So that's what we're dealing with: a police department whose behavior worried other law enforcement officials and whose leadership has been more defensive than responsive to the claims of racist policing.”8
68. Examples of reported BRPD misconduct included multiple instances of excessive force, including force directed at minors, through the use of tasering, hitting, choking, and pepper spraying of residents, without warning or threat to the safety of officers or civilians; searches of individuals and their vehicles without reasonable suspicion or probable cause; and possibly falsifying information in police reports.
5 Jarvis DeBerry, Before killing Alton Sterling, Baton Rouge police had a history of brutality complaints, The Times-Picayune, July 6, 2016. 6 The report is attached here as Exhibit A. 7 Id. at 9. 8 DeBerry, supra.
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69. The Baton Rouge Police Department, under the direction of Defendant Holden and predecessors in office of Defendant Dabadie, also resisted efforts of media and public interest advocates to gain information regarding these post-Katrina abuses, as part of an ongoing effort to cover up and conceal officer misconduct, and to promote the police code of silence.
70. In 2006, as part of the effort to cover up and conceal allegations of race-based officer misconduct and to promote the police code of silence, the City/Parish and the BRPD actively resisted public records requests and a Public Records Law enforcement action filed by The Advocate newspaper seeking access to the Internal Affairs Division investigative report. Defendant Dabadie’s predecessor in office authorized a meritless countersuit to delay and thereby shield investigation records from public view, while imposing high costs on the newspaper.
71. Also in 2006, Defendant Mayor Kip Holden denied the NAACP’s suggestion of a civilian oversight board for police.
72. In 2011, then-BRPD Chief Dewayne White publicly stated that ten percent of the department’s officers failed to exercise basic levels of professionalism, and that “it’s become so ingrained” in the minds of some officers that they “believe that everybody they come across or most people they come across with that color of skin is probably a criminal.” Defendant Mayor Holden fired Chief White in 2013 and hired Defendant Dabadie in his place.
73. In September 2014, a series of racist text messages sent by a BRPD officer to a civilian were published. In the messages, the officer, a fifteen-year veteran of the department, referred both to Black colleagues and civilians with racial epithets, and stated, inter alia, “I wish someone would pull a Ferguson on them and take them out. I hate looking at those African monkeys at work . . . I enjoy arresting those thugs with their saggy pants.”
74. The officer was placed on administrative leave by BRPD and resigned before any
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disciplinary action was taken against him by the Department. On information and belief, no
action was taken by Holden, Dabadie or the City/Parish to determine the extent of similar
attitudes among other BRPD officers. Defendant Dabadie stated publicly that there was no need
to do so, because the issue was confined to the lone officer. Defendant Dabadie’s conclusion is
belied by more recent stories, including reporting that a White BRPD officer texted his
colleagues a picture of a chimpanzee and the phrase “chimp out” in the context of the Alton Sterling protests.9
75. BRPD has also had a policy, practice, or custom of excessive use of force. Recent
allegations include:
(a) a 2007 arrest on a complaint of “loud music” with pepper spray and force that caused the rupture of the arrestee’s bladder;
(b) a 2008 arrest for smoking marijuana that fractured the skull of the arrestee causing internal bleeding and permanent brain damage;
(c) a 2011 incident in which an officer instructed a man, who advised the officer he was intoxicated, to move a vehicle away from the scene of the arrest; when the drunk driver crashed the car, the officer shot him to death and shot a bystander in the arm;
(d) a 2014 incident in which BRPD officers strip-searched a visitor to a home which was being searched by the officers, then kicked the visitor with such force that his head slammed into the floor, knocking several teeth out of his mouth;
(e) a 2015 incident in which two members of the news media were handcuffed, and one arrested, for taking pictures of an arrest;
(f) a 2016 incident caught on video in which a sixteen-year-old was held down by multiple officers while one officer repeatedly punched him in the head;10 and (g) the shooting death of Alton Sterling in July 2016.11
76. In recent years, suits against the City/Parish for BRPD’s excessive uses of force
9 Jim Mustian, Baton Rouge Officer suspended after alleged racial message about Alton Sterling protests, The Advocate, May 22, 2017. 10 DeBerry, supra. 11 See Andricka Williams v. The City of Baton Rouge, 19th Judicial District Court.
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and unconstitutional arrests have resulted in sizeable yearly settlements by the Parish Attorney. For example, the City/Parish paid $372,434 to settle such cases in 2015, $581,286 in 2014, and $437,112 in 2011.
77. Similar to BRPD, the East Baton Rouge Sheriff’s Office has its own history, extending decades before the July 2016 protests, of excessive force and unconstitutional arrests. More recently, allegations of excessive force and unconstitutional arrest leveled against EBRSO and Defendant Gautreaux have included multiple instances of excessive force through the inappropriate use of tasers, unconstitutional use of mace, and punching and kicking arrestees without justification. Some of these allegations are documented in the following cases: Davis v. East Baton Rouge Sheriff’s Office, Civil Case No. 08-00708 (M.D. La.) (resolved in private settlement); Martinez v. Gautreaux, Civil Case No. 10-00847 (M.D. La.) (resolved in a private settlement); Plaisance v. East Baton Rouge Sheriff’s Office, Civil Case No. 16-00365 (M.D. La.) (ongoing).
78. During Defendant Edmonson’s tenure, the Louisiana State Police have also exhibited excessive force and unconstitutional arrest. While LSP does not typically patrol municipalities, a pattern of unconstitutional excessive force and illegal arrest has rapidly emerged in the brief time that Defendant Edmonson has directed LSP in the provision of policing services in the City of New Orleans. Suits filed against the LSP since early 2013 allege that members of LSP, under the direction of Defendant Edmonson, have:
(a) physically and verbally abused two Black teenagers without provocation or lawful justification, desisting only when one of the teen’s mother, a New Orleans Police officer, arrived and intervened; (b) pulled over, shoved to the ground, kicked, and threatened with firearms internationally renowned musician Shamarr Allen while searching for a Black drug dealer – apparently based solely on Allen’s race; (c) manhandled, tased, and verbally and physically assaulted Michael Baugh, a Black barber, causing significant injury, apparently based on his being of the same race as four
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suspects (Baugh matched no other part of the suspects’ description). 79. On information and belief, Defendant EDMONSON chose not to order a thorough
investigation into these practices when they came to light; his inaction condones the falsification of information and the intimidation of witnesses to LSP troopers’ unconstitutional conduct. The LSP internal investigation into the LSP attack on the teenagers concluded that all of the troopers involved in the incident had acted appropriately, a conclusion that both the Mayor of New Orleans and the Superintendent of the New Orleans Police Department publicly criticized based on publicly available video of the incident. According to news reports, LSP went on to file a disciplinary complaint with the NOPD against the mother of one of the teens for intervening on behalf of her son and his friend. On information and belief, Defendant EDMONSON personally wrote a letter to the Superintendent of the NOPD requesting an investigation into the mother’s actions.
80. Some LSP arrest reports involving officer uses of force show that the LSP troopers write up the arrest report and then later rewrite the report to add allegations of resisting arrest.
BRPD Shot and Killed Alton Sterling, the Community Began to Make Its Voice Heard, and Law Enforcement Implemented a Plan to Silence Them
81. The July 5, 2016 killing of Alton Sterling was documented on video. The video showed Mr. Sterling being forcibly restrained on the ground and then shot. Mr. Sterling’s death provoked local, national, and international outrage.
82. By the evening of July 6, 2016, Baton Rouge residents gathered for daily and nightly vigils and peaceful protests at various locations throughout the city. Some paid their respects in front of the Triple S Food Mart where Mr. Sterling was killed. Many protested on a sizeable grassy lot on Airline Highway, across the street from the headquarters of the BRPD.
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Figure 3:

Community members gather at the Triple S.

83. Defend(PanhtotGoAbyUMTRarEcoAPUoXggwioa, sa tphheotporgersaipdheenrtwoofrtkhiengLwSiAthdPularingtiftfhKeaprerontSesatvsa.ge.)

GAUTREAUX, in combination with Defendant CAZES, the Southern District Coordinator of

LSA’s Emergency Task Force, and Defendant HURST, Director of the LSA’s Task Force and

Homeland Security services, arranged for the presence of approximately 200 additional deputies

from surrounding sheriffs’ offices to supplement local law enforcement’s response to the

protests.

84. In response to the large and growing protests and the national spotlight on

protesters’ nonviolent, lawful resistance, Defendants, led by Defendants Holden, Dabadie,

Edmonson, Gautreaux and Cazes, developed and implemented a strategy. Their strategy was to

silence this peaceful and lawful exercise of First Amendment rights through intimidation,

excessive force, and illegal arrests and detention. Other law enforcement agencies not currently

known to Plaintiffs joined Defendants in this endeavor.

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85. Between July 8 and 10, 2016, Baton Rouge area law enforcement officers and

their agents – including BRPD, EBRSO, LSP, deputy sheriffs of surrounding parishes, and

including but not limited to the currently unknown Law Enforcement DOES - put this plan into

action. In furtherance of the above objectives, the Defendants unlawfully arrested approximately

200 protesters as they engaged in peaceful protest protected by

the First Amendment.

86. At the same time, Defendants were

downplaying their response to protesters. “We do not want to

appear to have a military-style response,” Defendant Dabadie

said during a news conference early on July 9th, 2016. “We’re

there, we’re around, and we’re keeping everything safe, but

we’ve tried to be respectful and reduce our presence at these events.”12 As the arrests of peaceful protesters were occurring, Defendant Col. Mike Edmonson said he thought his troopers “did well.”13

Figure 4: Protester Javier Dunn was beaten so badly by Defendants on July 9, 2016 that his eye socket was fractured. A sheriff’s employee told him “'that's what y'all get when you protest.”1

87. But by the evening of Saturday, July 9th, Defendants had escalated their actions

towards the peaceful protesters. Huffington Post senior crime reporter David Lohr stated that

“one thing I noticed today as opposed to yesterday is that [officers] were certainly more willing

to pull their firearms out.” He also reported that “[a]n officer just pointed a machine gun at me . .

. I’m not quite sure what that female officer was doing; she pointed an assault rifle at us.”14

88. One witness reported that she heard “an order over the police radio: ‘I don’t care

12 Amy Wold, Bryn Stole, and Maya Lau. See photos, video as Baton Rouge police officer draws gun, tensions rise at Alton Sterling protest Friday night, The Advocate, July 9, 2016. 13 Id. 14 Lilly Workneh & David Lohr, Baton Rouge Cop Points Assault Weapon At HuffPost Reporter, Protesters, Huffington Post, July 10, 2016.
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what they’re doing… grab as many as you can. I don’t care if they’re on the grass or not.’”15 89. Protester Javier Dunn was arrested by Defendants and beaten so badly that they
fractured his eye socket – although his Affidavit of Probable Cause stated that he was arrested “without incident.” One of Defendants’ employees said “'that's what y'all get when you protest.”16

Figure 5:

On July 9, 2016, Defendant Officer Cat points her assault rifle at protesters and a reporter. (Photo by Plaintiff Karen Savage.)

90. By that night, the jail was so full of protesters that the wardens had run out of

blankets and handcuffs.17

91. On Sunday, July 10, 2016, the human rights group Amnesty International sent an

open letter to the Baton Rouge police department, urging it to use more restraint and respect the

15 Affidavit of Yakeista Hughes. North Baton Rouge Matters v. City of Baton Rouge, M.D. La. 16-cv00463-JWD-RLB (“NRBM”) R. Doc. 2-6 at 16. 16 Bryn Stole, Protester claims he was beaten by Baton Rouge police during Alton Sterling demonstration. The Advocate, July 14, 2016. 17 Abigail Hauslohner, Robert Samuels & Ashley Cusick, As arrests mount in Baton Rouge, protesters question police tactics, Wash. Post, July 10, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 25 of 85 rule of law in dealing with protesters. “We would remind you that police authorities are required to act in accordance with international human rights standards and the U.S. Constitution,” the letter read. “Specifically, law enforcement must ensure that any decision to disperse an assembly is taken only as a last resort and carefully in line with the principles of necessity and proportionality.”18 But Defendants did not heed Amnesty International’s reminder of their constitutional duties.
92. Three primary incidents occurred that Sunday that give rise to Plaintiffs’ claims. The first is the peaceful protest at France Blvd. and East St., in which most of the Plaintiffs were arrested while standing on private property after clearing the streets and sidewalks in compliance with law enforcement orders. The second is the separation and arrest of Tammy Cheney and her 17-year-old daughter Alexus Cheney, and the seizure of Tammy Cheney’s five-year-old son. The third is the violent takedown and arrest of Antonio Castanon Luna and his wife Nadia Salazar Sandi, who were standing at a street corner a few blocks from the protest. Defendants’ actions that day were so violent that no more large protests or marches occurred after July 10, 2016.
Plaintiffs Were Arrested at the Peaceful Protest at France Blvd. and East St., Even Though They Continuously Complied With Law Enforcement Orders 93. On July 10, 2016, a peaceful, youth-led march to the State Capitol was organized. Participants marched from a church to the Capitol, and then gave speeches on the steps of the Capitol building.
18 Id. 25

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Figure 6:

Heads are bowed at the prayerful protest on the steps of the state capitol building.

94. Afterwards, the participants marched back down Government Street. When they

reached the intersection of Government Street and East Boulevard, they had to stop because law

enforcement had set up a roadblock. The officers directed the marchers to get off of Government

Street.

95. At about 5:40 p.m., the marchers complied and turned right onto East Blvd. A

block down, the protesters stopped and gathered at East Blvd. and France Street. The protesters

there peacefully exercised their First Amendment rights to sing, pray, and hold up signs.

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Figure 7:

Plaintiffs Raae Pollard, Blair Imani, and Akeem Muhammad make their voices heard at East & France.

Figure 8:

Plaintiff Blair Imani stops to pray.

96. Present at the protest was a corps of legal observers, trained by the National

Lawyers Guild to observe and document the protest and law enforcement’s response. The legal

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observers can be identified in photos and videos by their fluorescent green hats. 97. Around 6:00 p.m., legal observers saw police staging at the end of Europe
Street.19 Shortly thereafter they saw approximately 40 to 50 police officers form a military-like formation on France Street, including an armored vehicle operated by an officer with a rifle.20

Figure 9:

A still image from a video shows Defendants in tactical gear blocking France Street. The armored vehicle with a mounted LRAD acoustic weapon is behind the officers.

98. Professor Bill Quigley, an attorney and law professor at Loyola University New Orleans, was present as a legal observer. He introduced himself to an officer and was directed to talk with the officer in charge.21 When Professor Quigley asked the officer how he could help, he was told to tell people they had to clear the street in ten minutes or law enforcement was going to start arresting people. Professor Quigley and another legal observer relayed this information to the protestors. Most of the protesters complied and began leave the street.
99. Lisa Batiste, whose yard was right at the corner of East and France, gave her
19 Affidavit of Hannah Adams, NRBM, R. Doc. 2-3 ¶ 5. 20 Id. at ¶ 6. 21 Affidavit of Professor Bill Quigley, NRBM, R. Doc. 2-8 ¶ 4.
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permission to the protesters to stand in her yard.22 Law enforcement was informed of this fact.23 Ms. Batiste later explained: “I just wanted them to have a safe place to voice their opinions.”
100. All of the Plaintiffs who were present24 complied with the police order to clear the streets. They stepped back onto the sidewalks, Ms. Batiste’s yard, and the grassy strips between the sidewalk and street. 25

Figure 10:

The Protesters – including Plaintiffs – comply with Defendants’ orders to stand clear of the streets.

101. Some protesters remained in the streets and linked arms in opposition to the

police. No Plaintiff was among this group.

22 Affidavit of Adina Marx-Arpadi, NRBM, R. Doc. 2-3 at 10, ¶ 11; Affidavit of Jenna Finkle, NRBM, R. Doc. 2-5 at 14, ¶ 4; Aff. of Hannah Adams, supra, ¶ 8; Affidavit of Shaena Johnson, NRBM, ¶ 8; Video of Ms. Batiste available on Dropbox and incorporated into this complaint. . 23 Affidavit of Alissa Luis, NRBM, R. Doc. 2-7 at 9, ¶ 11. 24 Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Karen Savage, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein. 25 A video by the Associated Press shows this. The video can be downloaded from Dropbox here and is incorporated into this complaint.
29

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Figure 11: The protesters, including Plaintiffs Raae Pollard, Sami Nichols, and Blair Imani, stand well back from the street.
(Photo by Patrick Melon, Antigravity Magazine.)

102. Law enforcement then ordered the protesters off the sidewalks.26 Plaintiffs

complied, stepping back into Ms. Batiste’s yard.

103. The police proceeded down France Street towards East Boulevard in line

formation with an armored vehicle,

assault rifles, rubber bullet guns, gas

masks, shields, and a vehicle-mounted Long-Range Acoustic Device”

Lines of police in riot gear

(“LRAD”). An LRAD is a weapon which creates a painfully loud sound.27

104. The protestors were now surrounded by law enforcement in three

Protesters assembled in Ms. Batiste’s yard

directions.

Figure 12: Diagram of protesters surrounded by lines of police in riot gear, as shown in a video taken by Victor Onuoha. The video can be downloaded from Dropbox here and is incorporated into this complaint.

26 Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 14. 27 Aff. of Hannah Adams, supra, at ¶ 6.
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105. On video, Plaintiff Victor Onuoha pointed out how they are surrounded – he said
there are police “left, right, and dead in front of us.”
106. Defendants then gave conflicting instructions, telling protestors both to (1)
disperse because their assembly was now unlawful and (2) that people in the street and on
sidewalks would be arrested.28 (This is conflicting because use of the streets and sidewalks
would be necessary to disperse.) On video, Defendants can be heard to order the protesters on
private property that “you must leave now.”29 But they also told the protesters: “[Y]ou cannot
leave. If you try to step into the street, we will arrest you.”30 Some protesters who attempted to
leave the area were chased, tackled, tasered, and arrested.31
107. On video, the police can be heard to say: “we understand you want to protest, but
this is not the time or place.”32 They did not, however, give any indication what the proper time
or place to protest was, or why this time and place was not permitted.
108. Although the character of the protest had not changed,33 law enforcement
announced via megaphone: “THIS IS NO LONGER A PEACEFUL PROTEST.”34
109. One protester, Crystal Williams, described the situation:
Many protesters froze when the police started arresting folks. That is when people went into the lady’s yard and froze in place because they didn’t know where to go. People were afraid to move or even walk by police arresting others.35
28 Aff. of Hannah Adams, supra, R. Doc. 2-3 at 7; Aff. of Lily Ann Ritter, R. Doc. 2-9 at 13; Aff of Colette Tippy, R. Doc. 2-9 at 17. See also a video entitled BRPD Terrorizes Nonviolent Protestors -07.10.16 at 1:34. The video is available for download on Dropbox and is incorporated into this complaint. 29 Video of Victor Onuoha Arrest at :50. The video is available for download on Dropbox and is incorporated into this complaint. 30 Aff. of Crystal Williams, NRBM, R. Doc. 2-3 at 3; R. Doc. 2-10 at 3. 31 Aff. of Sarah Marcello, NRBM, ¶ 8. 32 BRPD Terrorizes Nonviolent Protestors -- 07.10.16 at 3:07. 33 Legal observers testified to the consistently peaceful nature of the protest. Aff. of Legal Observer Alissa Luis, NRBM, R. Doc. 2-7 at 10 (“I observed the protesters acting in a peaceful and non-violent manner”); Aff. of Legal Observer Andrew McDaniel, NRBM, R. Doc. 2-8 at 3 (“The protests were completely peaceful.”). 34 Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 3; Aff. of Marquita Christy, NRBM, R. Doc. 2-5 at 8. 35 NRBM, R. Doc. 2-10.
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110. Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community and a certified mediator and community-police mediator trainer, tried to meet with the ranking officers and explain that the warnings could not be heard on the sound system. Her attempts at dialogue were rejected.36 According to Sister McCrary, “I asked Major Cain and Sergeant D. Coppola of the Baton Rouge Police Department five times each if they would be willing to negotiate a compromise. They repeatedly said no. I also asked other ranking officers if they would be willing to negotiate a compromise. They repeatedly said no.”37
111. The protesters did not understand how to comply with Defendants’ conflicting orders. According to legal observer Lilly Ann Ritter, “I also heard police officers tell people that they needed to disperse several times. However, police were blocking all surrounding intersections and there was nowhere for people to go. Protesters who wanted to leave were not able to do so.”38 According to witness Adina Arpadi, “Protesters were not sure what the police wanted them to do. It was clear to me that they wanted people to clear the street, but I think some people couldn’t hear the instructions. Also, people were not sure where to go, and orders concerning how long people had to clear the street were conflicting.”39 According to another protester, the “police kept saying that we weren’t allowed to be in the street and we weren’t allowed to block public passages, though they did not indicate what ‘public passage’ meant.”40 As one protester explained, “Some of the police instructions were vague and confusing. We were told to get out of the street, then after complying we were told to back up on the sidewalk, after complying with that, when people were in the yard it was stated over the PA “that’s not good enough.”41 (Video confirms this. Over a megaphone, an officer says “You must leave now or
36 Aff. of Legal Observer Sister Alison McCrary, NRBM, R. Doc. 2-7 at 14, ¶¶ 28-37. 37NRBM, R. Doc. 2-7 at 17. 38Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13. 39 Aff. of Adina Arpadi, NRBM, R. Doc. 2-3 at 10.) 40 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 2. 41 Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8.
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you will be arrested. Where you are standing is not good enough.”)42 112. Others could not hear the orders at all. One legal observer said, “The officers
were speaking through their gas masks, so it was very difficult to understand what they were saying. I frequently turned to people around me to ask if they had heard what the officers said.”43

Figure 13: A mass of officers in riot gear threaten Sami and Raae, who have complied with police orders to clear the street and sidewalk. 113. There was no way for the protesters to comply with law enforcement’s shifting demands. As Sister McCrary put it, “There was no place for the protesters to disperse to.”44 114. Demonstrators who did leave the sidewalk to go to their cars in an attempt to comply with the dispersal order were “tackled to the ground and violently arrested.”45 On video, a woman can be heard saying “they have us blocked in… we can’t go anywhere. We can’t leave this yard, we’re

42 The video is incorporated into this Complaint and is available to download on Dropbox here.

43 Aff. of Legal Observer Lily Ann Ritter, NRBM, R. Doc. 2-9 at 13. 44 Aff. of Legal Observer McCrary, supra, R. Doc. 2-7 at 16. 45 Id. at 19.

Figure 14: A still image from a video taken by Plaintiff Victor Onuoha moments before his arrest shows

33

Defendants sweeping into Ms.

Batiste’s yard. It also shows that

Victor was standing well back from

the street and sidewalk, in compliance

with Defendants’ orders.

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blocked in.”46 115. One protester attempted to leave, and told an officer “that he needed to get to his
car to go to work. As he walked to his car, police officers arrested him.”47 116. Defendants, with no additional provocation, then took action. They swept onto
Ms. Batiste’s property en masse, violently grabbing people and throwing them to the ground, pinning them, and binding their wrists painfully with plastic zipties. Video shows them pushing screaming protesters off of Ms. Batiste’s lawn, ordering “go back, just go back.”48 Another video shows police charging Ms. Bastiste’s lawn and ordering “you must leave now.” A woman screams, confused “and go where? And go where?”49

Figure 15:

A still image from a video of Defendants swarming Ms. Batiste’s yard. In the foreground, officers can be seen dragging Plaintiff Blair Imani off of the grass.

46 Video of Victor Onuoha Arrest, supra, at :19. 47Aff, of Legal Observer McDaniel. R. Doc. 2-8 at 3. 48 Video entitled 2016.7.10 - Video of Protest from @lizzkatherine_ at 1:28, incorporated into this Complaint. 49 Video of Victor Onuoha Arrest, supra.
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117. At one point, at least a dozen police crowded onto Ms. Batiste’s porch, where they grabbed and pulled protestors standing inside the home’s open doorway and forced them out of the house and off the porch.50 Ms. Batiste explained to the police that the protesters had her consent to be there, but they ignored her.51
118. During all this, Defendants refused to identify themselves to protesters. A legal observer reported that “Many officers were wearing riot gear and had their names taped over, so I could not identify who they were.”52 One protester reported that “Police would laugh and mock when we would ask for their names and badge numbers… They’d say ‘you’re so stupid, that’s not how this works.’”53
119. It was during this police frenzy that Plaintiffs Raae Pollard, Sami Nichols, Victor Onuoha, Blair Imani, Akeem Muhammad, Cherri Foytlin, Daniel Liebeskind, Alisha Feldman, Finn Phoenix, and Leah Fishbein were arrested. Plaintiff Karen Savage was arrested a block away, as she attempted to comply with the dispersal order.
50 Aff. of Legal Observer McCrary, R. Doc. 2-7 at 16, ¶ 53. 51Video entitled 2016.7.10 - Interview with Ms. Batiste - Protesters had her consent, police did not, incorporated into this Complaint. 52 Aff. of Legal Observer Luis, supra, R. Doc. 2-7 at 9. 53 Sophie Kosofsky, protester arrested on July 10. R. Doc. 2-7 at 3.
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Figure 16:

Plaintiff Raae Pollard is seized by the throat by Defendant and surrounded by officers in tactical gear. Raae’s feet are off the ground in this picture. (Photo by the Times-Picayune.)

120. A witness, seeing what was happening, cried “This is insane! These were all the people who were keeping us out of the streets!”54
121. A beat-by-beat photographic timeline of these events is attached to and incorporated into this Complaint as Exhibit B.

54 See Video from the Facebook Page of Kelly Orians at 2:52. The video can be downloaded from Dropbox here and is incorporated into this complaint.
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Figure 17:

Plaintiff Blair Imani is arrested and dragged off of Ms. Batiste’s lawn. She is afraid she will be taken out of sight of cameras and observers and beaten. (Photo by The Advocate.)

Defendants Used Violence on the Protesters and Press

122. In their frenzy, the officers arrested a mix of protesters, reporters, and legal

observers. The arrests were extremely violent, as indicated by the following contemporaneous,

sworn descriptions by protester-witnesses and legal observers:

123. “At some point the police began lunging and arresting people seemingly at random. The people arrested were violently pushed to the ground and restrained.” Aff. of Hannah Adams, NRBM, R. Doc 2-3 at 7.

124. “We were slammed to the ground. One man got a concussion. Another got a twisted ankle. The police had their batons out.” Aff. of Octavio Hingle-Webster, NRBM, R. Doc. 2-6 at 6.

125. “I watched as the cops brutally tackled, shoved, and arrested protesters. I saw a cop grab someone and throw them on the ground; I saw a cop throw someone and let them go. The first thing I saw was a cop literally tackling someone to the ground and handcuffing them; they were being extremely aggressive.” Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4.

126. “Some of the people being arrested would have four to five cops attacking that one person. Also some of the people arrested in the yard and on the outside of the

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fence were thrown to the ground very aggressively.” Aff. of Marquita D. Christy, NRBM, R. Doc. 2-5 at 8.

127. “I was moving backwards, not running, when I was tackled from the side by a police officer. I did not see him coming. He tackled me with excessive force, ripped my backpack off and threw it on the ground.” Aff. of Jenna Finkle, NRBM, R. Doc. 2-5 at 15.

128. “I looked back, and the police had knocked down a white woman who was behind us trying to get into the McDonald’s parking lot. They choked her and threw her into a police vehicle. It all happened very quickly, and there was a group of police who snatched her.” Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 2.

129. “In this group [of 12 arrestees] one of the arrestees was bleeding profusely from the left side of his head. I was able to discern the bleeding from my post on the corner of Government St and East Blvd., approximately 100 feet away.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 11.

130. “I observed multiple officers tackle, hit and hold down one protester… I observed several officers tackle and hold down two protesters on the corner of Government St. and Maximillian St., approximately five officers per person. I observed hordes of officers tackle, grab, pull and throw down several protesters on East Blvd. I witnessed several officers sitting and kneeling on protesters backs, necks, and heads… I witnessed many with hands high in the air being thrown to the ground.” Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12.”

131. “I saw officers use tear gas, batons, and rubber bullets on demonstrators . . . There were clear injuries to demonstrators and I did not see anyone treated by a medic. Some people were limping and others had visible scratches. I saw excessive use of force as officers used their fists to beat people down, jump on top of demonstrators, and hit demonstrators with their weapons. I saw multiple police officers tackle individuals by simultaneously jumping on top of one person at a time… Military-grade assault rifles or AK-47s were pointed at demonstrators heads as officers had their fingers on the trigger.” Aff. of Sister Alison McCrary, a Catholic nun with the Sisters for Christian Community and a certified mediator and community-police mediator trainer, NRBM, R. Doc. 2-7 at 18.

Figure 18: Plaintiff Victor Onuoha is arrested as another protester is thrown to the ground.

132. “I observed a police officer tackle a light-skinned Black man wearing light colored suit pants and a formal button-down shirt and force him down on the

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ground… The force they used seemed very excessive. I did not see him try to resist arrest in any way and was unsure why he was pushed to the ground. It seemed that he had been targeted.” Aff. of Lily Ann Ritter, legal observer, NRBM, R. Doc. 2-9 at 12. The Arrest of Tammy and Alexus: A Family Torn Apart 133. When she heard about the death of Alton Sterling in July 2016, Tammy was traveling through Louisiana with her seventeen-year-old daughter Alexus, her five-year-old son A.J., and their dog Kelso. They had been exploring the country, seeing historic landmarks and natural sights, and were on their way back home to North Carolina. 134. Partly because of her personal experience, Tammy’s heart went out to the Sterling family when she heard of Alton’s death. She wanted to stand with them. She also wanted to give her children a way to understand what was happening. 135. So on July 8, 2016, Tammy, Alexus, and A.J. attended a peaceful protest in New Orleans about the shooting. It was the first protest any of them had ever been to. Hundreds of people gathered in Lee Circle to make their voices heard. NOPD monitored the situation, but allowed the protesters to exercise their First Amendment rights without interference or arrests.55 136. The New Orleans protest was so moving that the family decided to attend the children-led march planned for that Sunday in Baton Rouge. 137. On July 10, 2016, Tammy, Alexus, and A.J. attended the peaceful protest at the state capitol building in Baton Rouge. Alexus described it later as being “surrounded by so much love and peace.” After the protest, they marched back to the church where they had begun, ate some food, and then got back in their car intending to continue their trip to North Carolina. 138. They followed the route Google Maps told them to take, but when they got to East Blvd. and Government St., the police had blocked off the road. So they pulled into a parking lot
55 Wilborn P. Nobles III, Hundreds gather at Lee Circle rally. New Orleans Times-Picayune, July 8, 2016.
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to wait until the road reopened and the traffic lessened.

139. Alexus decided to go around the corner to videotape what was happening. Tammy

stayed at the car with A.J., standing on her car and holding up a sign with a political quote on it.

140. Alexus joined the protest at East and France. When she

heard the police tell everyone to get on the sidewalk, she moved to the

sidewalk. Then she heard the police say if they were on the sidewalk, they

would be arrested, so Alexus moved into Ms. Batiste’s yard. Then she

heard the police order the protest to disperse, so she left and returned to the

car and joined her mother.

141. Tammy began to see officers with gas masks and shields

going down the road. She told A.J. to get in the car and lock the doors.

Alexus returned to the car. Tammy told her “Alexus, get in the car and I’ll

be right back – I’m going to take a couple more pictures and then we’ll leave.” She walked a short distance from the car to videotape the scene. According to a witness, Tammy stepped away from the car for no more than a “minute, minute and a half.”56

Figure 19: Alexus is dragged away from the car where she was watching her five-year-old brother A.J. and her dog Kelso.

142. As soon as Tammy stepped away, three police

officers walked up to Alexus. They told her that they had seen her

“on the front lines” and that they had seen her flicking them off.

They said that Alexus “owed them” for not arresting her and that

they could arrest her if they wanted to. Then they did arrest her.

143. As she was being taken away, Alexus screamed

Figure 20: Tammy runs back when she hears her daughter screaming.

56 Karen Savage, Family Torn Apart By Police During Baton Rouge Protests, Juvenile Justice Information Exchange, August 2, 2016.
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“MOM” and told the people around her mother’s name. The crowd began to shout “Tammy!”

and “Let her go! Let her go!” repeatedly.57

144. Tammy ran back to the car. A line of officers

stopped her and said “No, you can’t go this way. Go back.” A

woman there was telling the officers, “She didn’t do anything.

She didn’t do anything. They took her . . . that’s a minor.”

Tammy said, “They took who? They took who? They took my

kid? My seventeen-year-old?” She asked the police officer,

“Did they take my daughter?” An officer responded, “If that’s your daughter, she’s going to be there quite a while.”
145. The woman told the officers, “She didn’t do

Figure 21: Tammy complies with the officer’s order to stay in place, while asking about her daughter.

anything. I was with her.” Tammy told the officers, “I have a kid in the car. You guys just took

my seventeen-year-old away and left my kid in the car.” The officer said “Stay here with me.”

Tammy complied. Desperate, she said quietly, “You guys weren’t born this way. You can

change, you do know that?”

146. The officers walked her to her car. She told the officers: “You guys just took my

daughter away and she was watching my son.” The officers said “Calm down, now we’re

watching you. Go over there- you’re under arrest too. We’re gonna take your child.”

147. Doe Defendant Officer Lapeyrouse told her, “You’re going away for a felony.

You abandoned your son.” Tammy told him, “This is exactly why we’re here, we’re standing for

justice.” He responded, “Do you want me to throw another felony charge at you?” Officer

57 From this point through paragraph 148, the incident was captured on video by a camera in Tammy’s hand. It can be downloaded from Dropbox here, and is incorporated into this complaint. Another video posted by the Rouge Collection captures Alexus being dragged away and Tammy trying to reach her while complying with police orders. It can be downloaded from Dropbox here and is incorporated into this complaint.
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Lapeyrouse tried to dispose of her phone in the bushes; another officer put it into Tammy’s bag. The officers handled Tammy roughly, bruising her upper arms.
148. A few minutes later, Tammy and Alexus were seated on a curb together, along with other women waiting to be taken to the prison. With her hands cuffed behind her back, Tammy tried to console her sobbing daughter.58
149. Tammy and Alexus and the other arrested protesters asked the officers to look into the car to make sure A.J. was okay. One of the officers asked Tammy and Alexus, “did you learn your lesson” and refused to investigate to see if A.J. was okay until Tammy and Alexus said “yes” they had learned their lesson.59
150. Tammy’s son A.J. was seized by child protective services. 151. Tammy’s dog Kelso was seized by animal control. 152. Tammy and Alexus were taken to a holding cell, where they were held for approximately eight hours. Then they were split up and put into general population of the East Baton Rouge Prison. The prison was cold, and they were given no blankets. In Tammy’s cell, the women huddled together under a mattress for warmth. They were given no toilet paper. 153. Despite Alexus being a juvenile, she was held in an adult facility. She was stripsearched and forced to squat and cough. The cell near hers contained adult men. She was exposed to pepper spray, and heard a male inmate being tasered because the male inmates had been clapping when women were released. She witnessed a woman inmate having her insulin pump taken away from her. 154. While in prison, Tammy was distraught. Based on Doe Defendant Officer Lapeyrouse’s statements, she thought she was going to be charged with felony child
58 Savage, supra. 59 NRBM, R. Doc. 2-8 at 20.
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abandonment and that her children would be taken from her. She imagined them growing up and

not being a part of their lives. Tammy considered committing suicide in her cell.

155. Alexus was released at about 5:00 p.m. on July 11. Her mother had not been

released yet, and Alexus was terrified. She was seventeen, abandoned in a strange city, and

separated from her mother, her brother, her dog, and their car. She told Defendants “I’m only

seventeen – you can’t just put me outside and leave me!” They said to be quiet and that it wasn’t

their problem. She had to wait seven hours until her mother was released at around midnight.

156. Although Tammy and Alexus got out of prison on July 11, they could not get A.J.

back immediately. Defendants interfered with the process of them getting A.J. back. While

Tammy and Alexus were in the prison, Defendants barred the Child Protective Services worker

assigned to A.J.’s case from visiting Tammy and Alexus. Defendant Lapeyrous untruthfully told

the Child Protective Services worker that A.J. had been “found locked in his mother’s car at

Government St. and East Blvd. while the parents went to the demonstration. Both parents are

being arrested.”

157. It was not until July 13, 2016 that Tammy got A.J.

back with the help of a pro bono attorney. On that day, Tammy’s

attorney showed video of the incident to the Assistant District

Attorney in family court. Immediately after seeing the video, the

ADA said the case would be thrown out. Within fifteen minutes,

Judge Pamela Taylor-Johnson ordered the state to immediately

return A.J. to Tammy.60 158. A.J., being only five, did not understand what had
happened. He had heard on the radio about the killing of Alton

Figure 22: On July 13, 2016, the family is finally reunited: Alexus, A.J., Tammy, and their attorney Adrian Ross.

60 Savage, supra. 43

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Sterling. And so when he saw police taking his mother and sister away, he thought that the police were going to kill them.61 When Tammy and her son were finally reunited, the first thing she told him was “I told you momma would never leave you, I would always be back to get you if something happened.”62 Seeing the fear that A.J. had been through was traumatizing to Tammy and Alexus.
159. Even their dog Kelso was traumatized. He is now skittish around strangers or loud noises.63
The Take-Down of Antonio and Nadia 160. On July 10, 2016, Antonio and Nadia drove from New Orleans to Baton Rouge to peacefully protest and show support for other people of color. They participated in the youthorganized march to the state capitol building, and then stayed afterwards to help clean up the area and provide water and snacks to community members. Then they returned to the office of the Baton Rouge Youth Coalition to reflect on the day’s events.

61 Id. 62 Id. 63 Id.

Figure 23: Plaintiff Antonio Castanon Luna (left) poses at the Capitol protest with two youth leaders.
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161. Someone gave Antonio and Nadia a ride back to their car, near the interstate on

Government Street. Because law enforcement had closed several streets in the area, they

had to be dropped off several blocks away. As they were walking back to their car, they

encountered the militarized police unit at the intersection of East Blvd and France Street.

162. They watched as the police escalated their activities against the protesters, and

Antonio and Nadia joined the protesters in retreating to Ms. Batiste’s yard. They watched as

officers in full riot gear charged at the demonstrators, violently throwing them on the ground and

dragging them away towards militarized vehicles. At this point, Antonio and Nadia feared for

their lives, and rushed away towards safety, exiting Ms. Batiste’s property through the back

gate. They made their way to the sidewalk at the corner of Government Street and Maximillian

St. Officers there were blocking off Maximillian Street Southbound and then Government Street

Eastbound and Westbound.

163. Antonio and Nadia stopped to look for a

friend so that they could get in their car and leave.

While waiting for their friend, they led chants. For

example, Antonio chanted “you can’t serve and protect

with war weapons.” Nadia was holding onto the pole of

a stop sign, because she believed that by standing there

they were complying with the officers’ orders and were

safe from arrest.

164. All of a sudden, several officers in riot

gear, including Defendants Alan Hamilton, Brandon Blust, and James Crockett, tackled Nadia and Antonio to the ground, hard. Officers piled onto

Figure 24: Nadia and Antonio (red circle) holding onto the street sign post as an officer (right) tackles Nadia from behind. The video, from MSNBC, can be downloaded here and is incorporated into this complaint.

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them, held them down, and ziptied their hands. During this tackle, the officers wrenched

Antonio’s ankle and knee.

165. Bystanders asked the officers why

Antonio and Nadia were being arrested, since

they hadn’t been in the street. It seemed that they

were targeted because they had been leading

chants. Bystanders can be heard on video asking

“what did he do?”64

166. Only after Antonio and Nadia

were tackled to the ground can officers be heard

on video ordering bystanders to “clear the sidewalk.”65 A witness can be heard to say that

Figure 25: Five officers tackle Antonio and Nadia to the ground.

Antonio “was just standing there. He was just

standing there.”66 A dozen or more people

continued to stand on the sidewalk right by where

Antonio and Nadia were standing; none of them

are arrested.67 A witness says “it was clear, it was

very clear. [Antonio] was specifically targeted.”68 167. The zipties were so tight that
Nadia’s hands began to turn purple69 and

Figure 26: Nadia’s face is pushed to the ground next to an officer’s foot as Defendants ziptie her hands. As the video shows, at no point do Nadia or Antonio make any move to resist arrest.

64 A video taken by a witness and incorporated into this complaint shows the event. It can be downloaded from Dropbox here. 65 Id. 66 Id. at 7:21. 67 Id. 68 Id. at 9:10. 69 NRBM, R. Doc. 2-8 at 11.
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Antonio’s hands began to tingle and go numb. 168. As the officers walked Nadia and Antonio to some large vehicles, Antonio asked
why they were being arrested. An officer responded, “I don’t know.”70 An officer bent Nadia’s arms and said “Alton Sterling was a murderer.”
169. As Nadia and Antonio were separated, Nadia was terrified, but told Antonio, “baby, I love you, I’m fine.” But privately she thought that this was perhaps the last time she would see her husband.
170. As she was being walked away, Nadia heard an officer say “take her the long way.” She didn’t know what this meant, but it caused her to fear for her life – and so she began yelling her name and birth date to ensure that she was not disappeared.
171. Antonio heard an officer tell a protester to “shut your mouth, or get your head bashed in.” Antonio’s ankle began to swell so much that his shoe was cutting off blood flow. He asked for medical attention but was ignored by the officers.
172. They were loaded into vans and transported to the jail, but not seat-belted. 173. At the jail, an officer asked Antonio for his information to write him up. The officer said that he was really confused and didn’t know how to properly proceed since he wasn’t there for Antonio’s arrest, did not know the place or time of arrest, and didn’t know how the situation unfolded. Antonio pointed out his ankle injury again, but was not treated. 174. Nadia was strip-searched twice at the prison, and required to remove her bra. A white woman asked to keep her bra, and the guard said yes. Nadia asked to keep her bra, and the guard said no. Nadia was given no blanket in the cold jail cells. She was exposed to mace when officers maced a nearby cell . 175. At the prison, law enforcement officers spelled her name differently on different
70 Id. 47

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forms. She recalls the following variations: Madye Salvar, Nadye Salva, Nadia Salvar, and the correct Nadia Salazar Sandi.
176. At one point at the prison, a guard came and requested volunteers. Antonio had no idea what would happen next, but stood up and requested medical attention. The guard told him to shut up and get in the volunteer line. Another protester told the guard that Antonio needed to get my ankle looked at and the guard replied “yes, I heard him already.”
177. According to the sworn statement of protester Julien Bond, “I noticed at this time that one other arrestee – Antonio – requested medical care because his ankle was swollen from being dragged but his request was ignored.”71
178. At approximately midnight, Antonio was taken to the doctor’s station. He told nurses what happened to his ankle, and they gave him a leaky bag of ice. A doctor swung by but said he couldn’t help because he didn’t have the time. Antonio was given some antiinflammatories. The doctor came by again later, looked at the ankle, and said “this is not good.” After the ice melted, Antonio was made to sign a medical form and was taken back to the area with the holding cell.
179. Nadia is originally from Bolivia, a country with a history of violence and injustice. But she says that “even with all the oppression in Bolivia, I don’t remember anything like what I experienced in Baton Rouge.”
Plaintiffs Were Arrested with Perjurious Affidavits of Probable Cause That are Facially False and Contradictory
180. After being seized by Defendants, Plaintiffs were assembled into groups with other arrestees. Other officers – not the ones that had grabbed them – wrote Plaintiffs up using pre-printed affidavits. Each Plaintiff was written up for two crimes – “Resisting Arrest” (R.S.
71 NRBM v. BR, R. Doc. 2-4 at 7. 48

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14:108) and either “Obstruction of a Highway” (R.S. 14:97) or “Obstruction of a Public Passageway” (R.S. 14:100.1).72
181. The primary difference between the two obstruction statutes is that 14:100.1 criminalizes blocking roads and sidewalks, while 14:97 only applies to roads. There is no correlation, however, between where the Plaintiff was standing when arrested and which crime they were charged with.
182. According to The Advocate, for “132 of the 176 incident reports of protesters provided by the Baton Rouge Police Department, police used one of two versions of boilerplate language.”73 This was a red flag for LSU law professor Scott Sullivan, who reviewed the affidavits obtained by The Advocate:
Probable cause requires not just the sense that a defendant may have committed a crime, but that this particular defendant at a particular time and place committed a particular crime . . .What seems to be missing is a careful consideration of this particular defendant's actions . . . That sense [that a crime was committed] is undermined when you just see a repeated narrative over and over again without much deviation.74
183. Thirteen of Plaintiffs’ affidavits of arrest have been obtained from the Clerk of Court. (The clerk has no affidavit for Plaintiffs Victor Onuoha and Nadia Salazar Sandi.) The affidavits are facially false and contradictory for reasons including the following:
a. False Location. The affidavits were pre-written with facts that described an incorrect location. Eleven of the thirteen affidavits say that the protests were “in the vicinity of Baton Rouge Police Department’s Headquarters at 9000 Airline Highway.” Plaintiffs were actually arrested nearly six miles away, in the vicinity of East Blvd. and France St.
72 See Exhibit C to this Complaint. 73 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016. 74 Id.
49

Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 50 of 85 Figure 27: Excerpt from Affidavit of Raae Pollard.

Figure 28:

Map of distance – 5.8 miles – from location identified in Affidavit to actual location of arrest.

b. No Parking Lots. All thirteen affidavits say “Protesters assembled at provided parking areas and in surrounding parking lots.” There is no parking lot at East and France.
c. Wrong Address for BRPD HQ. Four of the affidavits have “9000 Airline Highway” crossed out and replaced with “500 East Blvd.” This renders these affidavits even more contradictory, because the affidavits then read “in the vicinity of Baton Rouge Police Department’s Headquarters located at 500 East Blvd.” – which is not the BRPD Headquarters’ location.

Figure 29: Excerpt from Affidavit for Blair Imani, showing address crossed out. The resulting affidavit is false – BRPD’s headquarters is not at 500 East Blvd.
d. Felonious Misdemeanors? Each of the affidavits says the “Defendant did knowingly and feloniously” violate R.S. 14:97 or 14:100.1. Both those statutes, however, describe misdemeanors.
e. False Description of Plaintiff’s Conduct. Each of the affidavits says: “During the protest, the Defendant entered the roadway and was provided another verbal order to
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exit the lanes of travel. Moments later the Defendant entered the roadway again and was taken into custody by Officers on the scene.” This is not a true description of the seizure of any Plaintiff. f. Contradictory Statutes. Two of the affidavits are contradictory as to what crime is being alleged. In the synopsis, they say the Plaintiff violated “LRS 14:97,” but elsewhere 14:97 is crossed out and replaced with 14:100.1.

Figure 30:

For two of the Affidavits, the officer was inconsistent about what crime was being alleged.

g. False Statements About Miranda Rights. Each affidavit says the defendant was “verbally advised of their rights per the Miranda ruling.” This is false – Plaintiffs were not all read their Miranda rights. Some Plaintiffs even asked to be read their rights, but were refused.
h. One Consistent Truth: Affidavits Say The Protests Were Peaceful. One thing is true about every affidavit: every single one of them describes the protests as “peaceful.”

Figure 31: Excerpt from Affidavit for Raae Pollard The Aftermath
184. Defendants’ illegal plan to silence the community’s voice was disturbingly 51

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successful. There were no more major protests following the dozens of seizures, beatings, and

arrests of protesters on Sunday, July 10. Defendants’ efforts had the actual effect of chilling the

community’s exercise of its First Amendment rights. This is clear from contemporaneous

statements by protesters:

a. “Since the protest, I have not been able to shake a feeling of fear and
sadness. To be immediately in front of a police force that wields so much
power and to know that they do not respect the law, makes it feel impossible to protest.”75

b. “I am too afraid to return to Baton Rouge. I was so scared the entire time.
We didn’t come to get arrested. We didn’t come to get killed. We just came to protest and to get justice for Eric. They treated us so badly.”76

c. “After all this, I am now aware of the incredibly high risk of protesting. I was definitely afraid.”77

d. “I had planned to protest in upcoming marches, though will likely not do so
in the future. I have been dissuaded by the reports of arrested protestors…”78

185. Even the trained Legal Observers’ activities were chilled: “Because of the actions

of the police I was very afraid someone would get shot or

that they would tear gas us. The police were arresting

Legal Observers as well as civilians. It is frightening to

think about Legal Observing in the aftermath of what I

witnessed.”79 Sister McCrary reported that “I am terrified

to try to negotiate with the police again in Baton Rouge. I

am scared to serve as a Legal Observer in Baton Rouge. I do not feel comfortable training Legal Observers and

Figure 32: The constitutionality of Defendants treatment of Plaintiffs is front page news on July 12, 2016.

75Aff. of Caressa Chester, NRBM, R. Doc. 2-5 at 4. 76 Aff. of Sandra Harris, NRBM, R. Doc. 2-6 at 3. 77 Aff. of Sophie Kosofsky, NRBM, R. Doc. 2-7 at 4. 78 Aff. of Alissa Luis, NRBM, R. Doc. 2-7 at 12. 79 Aff. of Hannah Adams, NRBM, R. Doc. 2-3 at 8.
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placing them in harm’s way in Baton Rouge.”80

186. Shortly after the protests, the United Nations Special Rapporteur On The Rights

To Freedom Of Peaceful Assembly And Of Association made a visit to Baton Rouge. On July

27, 2016, he spoke out against the law enforcement practices in Baton Rouge: “It is manifestly

unwise to respond to a largely peaceful, grieving crowd with riot gear, random arrests, flimsy

charges, rough physical handling, verbal insults and so forth. This is not only a violation of the

right to peaceful assembly, it also dangerous for participants, the general public and police

officers.

187. By July 31, 2016, the East Baton Rouge District

Attorney had posted an ACLU guide entitled “Know Your

Rights: Demonstrations and Protests” to the District

Attorney’s website.81 The guide emphasized that “Generally,

all types of expression are constitutionally protected in

traditional ‘public forums’ such as streets, sidewalks and parks.” It added that “the First Amendment prohibits [advance notice permit requirements] from being used to prevent rallies or demonstrations that are rapid responses to unforeseeable and

Figure 33: The District Attorney posts on his website the ACLU guide to peaceful protesting, which says “If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.”

recent events.” The guide explained:

If organizers have not obtained a permit, where can a march take place? If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit.

188. A government spokesperson even admitted that protesters had been targeted for

arrest based on their speech: “I think the law enforcement folks have a strategy of identifying

80 Aff. of Alison McCrary, NRBM, R. Doc. 2-7 at 19. 81 Exhibit D to this Complaint.
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these folks and while they might not move in to actively arrest the agitators at the moment that
they’re causing problems, it might be a delayed arrest,” said Richard Carbo, the spokesperson for
the Governor.82
189. Despite the widespread consensus that there was a problem with law
enforcement’s handling of the protesters, Defendant Louisiana State Police Col. Mike Edmonson
denied that his troopers had done anything wrong. He said that they “used incredible restraint” in
their response to protesters83 and said “I was certainly pleased with what I saw here.”84
190. But Lt. General Russel L. Honore, the retired U.S. Army leader who coordinated
military response efforts after Hurricane Katrina, felt differently. After reviewing hours of
videos, imagery and other coverage of protests in Baton Rouge, he said:
The gas masks themselves were pretty intimidating . . . My concern is, with those homes there and all the people in the houses, that would not have been a good place to do (show that weaponry), particularly when the protesters weren’t being violent. . . . Something is not right in that department in terms of amount of equipment and amount of training.85
191. A year after the protests, Defendant Dabadie acknowledged problems with the
July 2016 handling of protests. He said “We were not perfect in the first round of the protests,
and we had some things that we needed to correct.”86 But Defendants have said they will respond
to future protests in much same way,87 albeit with some “tactical” changes.88
192. Shortly after the July 10 protests, a tragedy occurred. Three Baton Rouge law
82 Maya Lau, Helping or hurting? Police deploy military-style gear at Alton Sterling protests in Baton Rouge, The Advocate, July 11, 2017. 83 Claire Taylor, Acadiana resident describes terrifying protest arrest. The Advertiser, July 13, 2016. 84 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016. 85 Maya Lau, Helping or hurting?, supra. 86 Staff Report, Baton Rouge police chief, sheriff say officers better prepared for any protests related to Alton Sterling decision, The Advocate, May 2, 2017. 87 Bryn Stole, Baton Rouge law enforcement discussing how to respond to possible protests after Justice Department Finishes Alton Sterling investigation. The Advocate. Nov. 21, 2016. 88 Sam Karlin, Law enforcement eyeing ‘tactical’ changes to protest responses, East Baton Rouge sheriff says. Business Report. Dec. 7, 2016.
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enforcement officers – Brad Garafola, Montrell Jackson and Matthew Gerald – were killed by a

Kansas City man. Plaintiff Blair Imani organized a One

Baton Rouge Vigil for Fallen Officers. "All violence is

wrong," she said. "Yes, I've always been against police

brutality but violence is wrong and this is not the right

way."89

193. It is now a year later. Defendants continue

their practice of arresting and using force on protesters. On July 5, 2017, the anniversary of Alton Sterling’s death, Baton Rouge police used stun guns and PepperBall guns on protesters and arrested seven.90

Figure 34: On national television, Representative John Lewis praises the actions of Plaintiff Blair Imani – that within one week she was arrested by Baton Rouge police and also organized a vigil in their honor.

Plaintiff-Specific Facts

194. Blair Imani and Akeem Muhammad. Blair and Akeem both went to Louisiana

State University. During the protest, they attempted to forestall confrontation between police and

protesters. Blair explained that “We were trying to quell antagonism — instead of shouting ‘F the Police,’ we were trying to get people to shout Alton Sterling’s name.”91 They worked

together to help other protesters comply with the police orders to clear the streets. But when the

crowd chanted “The whole world is watching,” they observed the police get angry and begin to

escalate the situation.

195. Blair and Akeem heard the police announce that being on private property is not

good enough and you have to leave the area – but they were surrounded by police and had no

89 Rebekah Allen, Woman arrested in Alton Sterling protests is key organizer of fallen officers vigil. The Advocate, July 18, 2016. 90 Emma Discher, Small crowds, prayers, seven arrests as Baton Rouge marks one year since Alton Sterling's death, The Advocate. July 5, 2017. 91 Robert Mackey, Baton Rouge Police Sued Over Arrest of Peaceful Protesters. The Intercept, July 14, 2016.
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way to leave. When the police rushed Ms. Batiste’s yard, Blair and Akeem were grabbed and

thrown to the ground. Sister Alison McCrary witnessed

a “group of officers tackle [Blair], pull off her hijab head scarf, and arrest her.”92 Blair and Akeem were

trampled by officers as they lay on the ground.

196. Defendants knelt on Akeem’s neck and

back to hold him down, even though he was compliant

with his fingers splayed open.93 197. Blair heard an officer shout “Really give it
to her,” so she became terrified that she was going to be

Figure 35: Yellow circles show Akeem and Blair underneath Defendants.

beaten out of view of the cameras and other observers. “I started screaming, and that was

because I was fearing for my life,” she said. The zip ties on her hands were so tight that her

hands turned purple.

198. Blair has had to seek the services of a trauma therapist after these events. Akeem

has experienced recurring neck problems.

199. Less than a week after her arrest, Blair helped organize a vigil with the Louisiana

State University Student Body Association in response to murder of three Baton Rouge police

officers. Representative John Lewis spoke of Blair’s actions on TV, and drew a direct

comparison between the civil rights movement of the 1960s and what Blair and other young

people are doing in the present.

200. Raae Pollard and Sami Nichols. Raae and Sami came from New Orleans to

92 NRBM, R. Doc. 2-7, at 15. 93 Maya Lau, Identical arrest reports for many Alton Sterling protesters a red flag, legal experts say. The Advocate. Sept. 18, 2016.
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Baton Rouge for the protest. The two of them complied with police orders to clear the streets and

sidewalks. Raae was especially concerned about following their orders, because she is a green

card holder from Australia.

201. When Raae was on the yard, police said “where you’re standing is not good

enough.” But Raae didn’t understand what she was supposed to do – she was on private property

and surrounded by police. She waited to get more specific directions from the officers. Raae and

Sami were standing on Ms. Batiste’s lawn when they were grabbed by Defendants. When she

was grabbed, Raae let her body go limp, like a ragdoll, to put up no resistance to the officers.

Raae turned and saw Sami’s head smashed into the road. A witness wrote that she “saw Raae

thrown to the ground, then Sami smashed on to pavement, tackled with the force of a

linebacker.”

202. Raae saw a female officer in a purple shirt and bulletproof vest (later identified as

Cpl. Alaina Mancuso) push Sami’s face into the concrete and say “trashy bitch . . . go back to

California.”

203. Another witness, Jessica Pinkham,

witnessed the officer stomp on Sami’s head. She wrote:

“[Sami] sustained a concussion due to a female police

officer, who had brandished her assault rifle at peaceful

protestors, stomping on her face on the ground.” She

said that the officer she saw was wearing a purple shirt

and had a photo in The Advocate on July 11, 2016.

204. The officers who seized Raae and Sami

did not write them up. The officers had forgotten who grabbed who, and so they split up the arrestees at

Figure 36: Sami being arrested Cpl. Mancuso, who stomped on Sami’s head and said “trashy bitch . . . go back to California.”

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random. Raae’s zip ties were so tight that she almost fainted. They had to be removed by officers.
205. As a result of Defendants’ violence Sami suffered a head injury, and was passing in and out of consciousness. Once they were detained at the prison, a witness said that “sometime around 10:30 pm, a medic in blue scrubs came by, poked him head into the cell, and said ‘everyone’s fine.’” Blair Imani, who had EMT training, was concerned that Sami might have a concussion. When the medic returned she asked him to look at Sami and do a state of consciousness test. Blair specifically told the medic that she thought Sami might have a concussion. The medic said “‘I’m not the hospital’ and walked away.”94
206. The day after they were released, Sami and Raae went to University Medical Center’s emergency room. They gave Sami pain medicine and muscle relaxers. Raae’s father in Australia had a panic attack when he saw the news, which terrified Raae.
207. Tammy Cheney. Tammy was mistreated by Defendants as described above. 208. Two days after her arrest, Tammy said “This experience scared the daylights out of me, and I will never go to a protest again.”95 She has been diagnosed with Post-Traumatic Stress Disorder, Complex and Major Depressive, Recurrent, Severe Without Psychosis. She has been prescribed bi-weekly individual therapy. As of November 2016, her licensed clinical social worker assessed that she could not work at all “due to the severity of emotional and cognitive impairments.” The social worker estimated that the impact of the condition on Tammy’s ability to work would be expect to last “[m]ore than 12 months.” 209. On October 9, 2016, Tammy shared the following description of her feelings with her friends:
Every day is a mental struggle. I convince myself daily that im ok and am
94 Aff. of Marina Sparagana, NRBM, R. Doc. 2-8 at 21 95 NRBM, R. Doc. 2-4 at 19.
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releaved at the end of the day i made it. I cant watch anything that reminds me of that time, without feel the devastation that i went through all that crap. I dont trust anyone. Walking in fear constantly, got robbed for 350$ the other day trying to move into new place and it was a scam on Craigslist and couldn't call cops to report it, because im scared to death of police and what they are capable of doing. Sorry to through all this on you. But it is all i have on my mind 210. Alexus Cheney. Alexus was mistreated by Defendants as described above. Alexus, though only seventeen, was housed in an adult prison with both male and female inmates. She was required to take off all her clothes, squat and cough, during a strip-search. 211. As a result of everything that happened to her, Alexus has struggled with posttraumatic stress. She has suffered from depression and anxiety, and says that she has “lost a lot of competence.” She has been asking herself, "What is wrong with us? What did we do to deserve this?" As a result of these impacts, she dropped out of school. She tried to get a GED but couldn’t. The incident has affected her relationship with her mother. 212. Victor Onuoha. Victor was a thirteen-year resident of Baton Rouge, and had just moved to Gretna before Alton Sterling was shot. On July 10, Victor drove with his girlfriend to be a part of the march to the capitol. Afterwards, they parked and then joined the protest at the point when people were retreating to Ms. Batiste’s yard. He was standing in Ms. Batiste’s yard when he was arrested by Defendants. 213. Antonio Castanon Luna and Nadia Salazar Sandi. Antonio and Nadia’s arrests have caused lasting problems for them. Due to her trauma of being in a cold jail cell, Nadia now becomes afraid when she gets cold, and shakes at night. Nadia has had trouble sleeping and has had nightmares. Because her arrest was televised, it causes Nadia a great deal of stress to know that the cousin she raised saw her getting arrested. 214. Nadia is originally from Bolivia, a country that has historically used police force to stop peaceful protesters. She did not expect to experience the same thing in “the land of the
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free.” As a result, she has found herself more cautious about speaking out about things after her arrest, even on social media. She says “I feel like my first amendment right was stripped from me from that day on.”
215. Antonio has had lasting problems with his knee and ankle, and has had to seek medical treatment repeatedly. He has felt anxiety, especially when reflecting on his arrest or when participating in public demonstrations.
216. Due to the traumatic events of July 10 and 11, Antonio and Nadia decided to move back to Maryland to be closer to family. This was expensive and difficult as they had been building a life in New Orleans.
217. Despite the way they were treated in Baton Rouge, Antonio and Nadia returned to help the communities afflicted by the August 2016 floods. They helped prepare flood-damaged homes for rebuilding. They passed out clothes and other essential items.
218. Karen Savage. Karen Savage is a reporter with the Juvenile Justice Information Exchange (“JJIE”). In July 2016, Karen and her photographer Marco Poggio were on assignment for JJIE, covering youth reactions to the killing of Alton Sterling by Baton Rouge police officers Blane Salamoni and Howie Lake II.96 She had a press pass from the CUNY Graduate School of Journalism.
219. On July 9, she and her team reported from the Triple S market where Mr. Sterling had been killed. That evening, she observed the protest at Airline Highway. She observed a short, white female officer with an assault rifle. She observed that the female officer “had it up and was aiming it at the protesters and waving it back and forth.”
220. On July 10, while Marco edited video, Karen spent the morning and early
96 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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afternoon emailing back and forth with a police communications person. They missed the capitol protest due to traffic, and arrived to observe the protestors once they had assembled at East Blvd. and France Street. She saw officers wearing combat gear with a tank-like vehicle. Despite having reported on and attended dozens of protests, Karen had never seen a police response anywhere close in kind to what she saw in Baton Rouge. She wrote:
I’d been to protests in New York, Boston and elsewhere and have encountered heavily armed police. I’d seen armored vehicles and heard LRADs before. But never before had I witnessed officers risking the safety of so many, including themselves — not on the Mass Turnpike in Boston, not in Times Square and not more recently on Fifth Avenue in New York City, where I had covered anti-police brutality protests before being sent down to Louisiana. In Baton Rouge, it seem as if the police came ready for war.97
221. She watched the protesters mostly comply with police orders to clear the streets and sidewalks. Once the police ordered the protesters to disperse and started making arrests, Karen moved away towards the McDonalds a few blocks away, taking pictures as she went.98
222. She was walking towards the door of the McDonald’s when an officer grabbed her from behind and shoved her to the ground. “Are you resisting?” he asked. “I'm a journalist, my credentials are in my right pocket, you can take them out,” Karen said, using the calmest voice she could muster. She feared to put her hands into her pockets herself. “Fuck you, journalist,” he shouted from behind Karen’s ear. “You don’t listen.” Eventually, Karen stopped saying she was a journalist because this seemed to make the officer angrier.
223. The officers ziptied her hands together – so tight that her hands hurt, then went numb, and then began to change color. “Could you loosen it a little? Please,” Karen asked. “Which one hurts?” he replied. She nodded silently toward her left hand, then puffy and bluish red. He grabbed the plastic cuff on her right hand, grunted, and pulled it tighter.
97 Id. 98 NRBM, R. Doc. 2-8.
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224. Another officer showed her a large serrated knife and jokingly offered to use it on her. Karen heard someone yell her name and she turned to see a friend up the block. She tried to shout her editor's email address to the friend, but the pain made it hard to remember. “Shut up, or we'll arrest her, too," said the officer with the knife. The officer who first grabbed her said again, “Fuck you, journalist.”
225. Karen was handed off to another officer. The pain in her hands had become so intense that Karen began to get dizzy. Another officer said "What the hell did they do to you?" and got an officer to bring clippers to cut the zipties. The officer told her she had to hold still and then rammed the tool under the plastic tie. The edges of Karen’s vision grew dim and she could hear herself scream. Finally, the left cuff popped off, then the right. Karen could breath again. The officer quickly pulled back Karen’s hands and put on more ties. They were still painful, but not excruciating like the last pair.
226. While waiting for police transport, Karen met Tammy and Alexus. Tammy said police told her she would be charged with abandonment of her son, who would be turned over to Louisiana’s Department of Social Services. Karen turned her head to hide the tears she felt rolling down her face.
227. As she talked, Karen noticed the curb felt oddly smooth and cold in the heat. Then she realized she wasn’t feeling the curb at all – her hand had gone numb.
228. Karen and thirteen other people were transported to East Baton Rouge Police Parish in an over-filled van without being seat-belted. Karen thought of Freddie Gray, who died in the back of an unpadded police wagon.
229. At the jail, she was packed into cells, with up to 24 people in her cell. There was not even enough room for everyone to sit down. She was strip searched and exposed to pepper spray. Karen noticed that even seventeen-year-old Alexus was strip-searched and required to
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squat and cough. Only once she was in jail did Karen notice that

her knees were scraped and bleeding. When one of Karen’s non-

protester cellmates found out that Karen was a journalist, she went

back to her bunk and returned with a piece of paper and a pencil.

“Write,” she said. “Please write about us.”

230. Karen’s children were frightened. Karen’s

Figure 37: One of Karen’s bloodied knees.

daughter Aiesha had been texting with her mother when Karen was arrested. She became

worried when her mother stopped responding. “I’m definitely shaken by this,” Aiesha said. “I

don’t know what’s going to happen now. I don’t know when she’s going get out. I don’t know what they’re going to do to her.”99

231. Karen was released the next day when her photographer, Marco Poggio, posted

bond for her.

232. A neurologist later confirmed that Karen had suffered nerve damage in her left

wrist and left hand.

233. In reporting on the event, she said that the protest that day “made me wonder what happens in Baton Rouge when the world isn’t watching.”100

99 Daryl Khan, JJIE Reporter Arrested in Baton Rouge While Covering Protest. Juvenile Justice Information Exchange, July 11, 2016. 100 Karen Savage, Reporter Recounts Arrest, Prison Stay After Baton Rouge Protest. Juvenile Justice Information Exchange, July 22, 2016.
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234. Cherri Foytlin. Cherri is a journalist and activist from Rayne, Louisiana. On July

10, 2016, she missed the youth-led march to the state capitol because she was stuck in traffic.

She was there to report for the

Bridge the Gulf Project. She joined

the protesters when they had been

diverted off of Government Street.

When police arrived in riot gear,

Cherri joined the protesters standing

in Ms. Batiste’s yard because “that's

where people would need the most documentation."” Cherri was in that

Figure 38: Cherri is told to “get back bitch” by the purple-shirted officer who had pointed a gun at protesters and reporters the night before. (Photo by Cherri Foytlin)

yard shooting photos when Defendants grabbed a person next to her, pushing her into a fence.

Cherri stepped back to avoid getting in the way of the arrest, and she heard someone say heard

someone say, “Cat, grab her.” Cherri was then pushed by a female officer wearing a purple shirt

who said “get back, bitch.” Cherri recognized her from video as the officer who had been

pointing her assault rifle at protesters and reporters the night before. The officer was later

identified as Cpl. Mancuso.

235. At the order of a male officer, two male officers pushed Cherri to the ground and

painfully ziptied her hands together. Cherri dropped her phone and an officer took it. The

officers who were ziptying her said "that phone is gone now!"

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236. Once Cherri was ziptied, Cpl.

Mancuso came towards her. She told the two

officers that she "want[ed] this one," meaning

Cherri. Cherri thought the woman wanted revenge

for Cherri photographing her earlier. Cherri says

“[t]hat's when I knew I was in trouble.” Cpl.

Mancuso grabbed Cherri and pulled her backwards

through the street. Cherri told her, "I can't walk

backwards as fast as you can walk forwards." She responded, "you are going to have to," and sped up. Twice Cherri fell and the officer kept walking,

Figure 39: Defendants pull Cherri’s (white shirt) ziptiedarms up painfully as an officer hands her off to the purple-shirted officer. A witness cries: “That’s a journalist! (Video by Kelly Orians at 3:29.)

dragging Cherri until she could get her feet back under her. Cherri told her that she was with the

press and had a press pass in her car. Cpl. Mancuso told Cherri that she was not the press and to

"shut the fuck up."

237. As Cherri is walked to the van, a witness cries “That’s a journalist! That is a journalist! You’re arresting journalists!”101

238. When Cherri said that the zipties were too tight and hurt her, Cpl. Mancuso said

“a person can go six hours without circulation to their hands” and tightened them even more.

239. As they were loading Cherri into the police van, an officer returned her phone.

Cherri told him, “I want you to know I don’t hate you.” She later described it as a “very human

moment.”

240. Cherri had to spend a night in a cold jail cell with no blanket, and was strip-

searched twice. Pepper spray was used on her when some protesters sang civil rights songs in

101 Video by Kelly Orians at 3:14. This video is incorporated into this complaint. 65

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jail.

241. Dr. Daniel Liebeskind. In July 2016, Daniel was a obtaining his Doctorate of

Musical Arts at LSU.

242. On July 10, Dr. Liebeskind complied with the police orders. When the officers

told the protesters to move back to the sidewalks and then back further than the sidewalk, Dr.

Liebeskind complied. Indeed, he went further than compliance – he told other protesters to “get

off the sidewalk, get on the grass” to encourage their compliance

too.

243. When he heard Defendants announce, “This is no

longer a peaceful protest,” Dr. Liebeskind was standing on the

grass by Lisa Batiste’s porch. He could see lines of officers

marching as a unit with shields up, and heard from other protesters that they were approaching from the other direction as well. The officers surrounded him and then

Figure 40: A photo taken by Dr. Liebeskind moments before his seizure shows that he was standing well back from the street and sidewalk.

charged. Dr. Liebeskind froze and put his hands into the air. All he knew was that he didn’t want

to antagonize the officers. He was tackled to the ground by an arresting officer. On the ground,

Dr. Liebeskind said, “I am not resisting. I am not resisting.” When directed to put his hands

behind his back, he tried, telling the officer “I’m trying, sir.” But he couldn’t because one officer

was stepping on his right arm and shoulder, immobilizing it. An officer put a knee into Daniel’s

back and ziptied his hands. An officer then tried to pull Daniel’s bicycle helmet off his head with

brute force, rather than undoing the clasp. One of the officers kicked Daniel’s phone out of his

hand, where it was permanently lost.

244. While waiting to be transported to the jail, Dr. Liebeskind had another protester

email his family with a phone. An officer came over and said a statement similar to: “What the

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Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 67 of 85 HELL do you think you’re doing? Put that damn phone away or else I WILL come over there and break your face. I’m a nice guy but you do NOT want to aggravate me!”
245. Later Daniel shared with his friends that: Being rushed by police in riot gear may be the scariest thing I’ve ever experienced. That experience – that fear – had an enormous influence on my thinking while in jail. I knew that I *should* go out again to stand up and speak out, but I was afraid. I kept on thinking of the Kent State shootings and [whether I] can help without putting my life at risk. . . . it was the fear of police that had me telling myself to stay home and not protest in the future. That fear is very real, and for someone like me it is a STRONG deterrent. 246. Ultimately, Dr. Liebeskind decided to protest again in the future. He said that “I will be back out there non-violently protesting to live in an America where a dead black person is NOT presumed guilty until proven innocent.” As a result of the protest, Dr. Liebeskind had to buy a new phone, new helmet, and new shirt. 247. Alisha Feldman, Finn Phoenix, and Leah Fishbein. On July 10, 2016, Alisha, Finn, and Leah drove from New Orleans to Baton Rouge to join the youth-led march at the capitol building, and then followed the march back to East Blvd. and France Street. They heard the police say “get out of the street” and “this is no longer a peaceful protest.” So they got out of the street and stood on the strip of grass between the sidewalk and the street. Then they heard the police order protesters to get off of the sidewalk, so they retreated back to Ms. Batiste’s yard. It was there that they were seized by the police.
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248. Defendants lifted Finn off the ground

by their neck, and then put them on the ground with a

knee in the back. Finn couldn’t breathe. Finn is a

diabetic, and their insulin pump fell out of their

pocket. It took repeated pleas to get an officer to

return the insulin pump to their pocket. At the prison,

after a long time a medic took Finn’s blood sugar and

said they were fine. But Finn received no further care

for their diabetes, even though they asked several times for a snack to help them regulate blood sugar. A

Figure 41: Red circle shows Defendants putting Plaintiff Finn Phoenix face-down in the street.

medic finally came back and said “we don’t provide medical care until you are booked, and you

haven’t been booked yet.” Finn’s throat was injured so badly that they could not swallow solid

food. Finn’s neck and back were so sore that a doctor later diagnosed them with muscle bruising,

and prescribed a course of muscle relaxers and physical therapy.

249. When Leah was seized by Defendants, she told them “I’m not resisting!” The

zipties binding her hands were so tight that her hands began to turn purple. At that point, she felt

like she was blacking out or disassociating as a result of the pain and fear.

250. In the days and weeks subsequent to her arrest, Leah felt very heightened levels of

anxiety. She saw a doctor about one week after the arrest for the pelvic injury she sustained,

during which her pelvic bone hit the ground so hard when Defendants tackled her that she was

bruised from mid thigh to mid abdomen. She also saw a podiatrist about a month afterwards for

foot pain, because immediately after her arrest she began to suffer from toe and foot pain that

worsened over time. Her physical therapist diagnosed her with cervical/lumbar/thoracic spine

instability and postural dysfunction, which has resulted in neck pain, hip flexor pain, foot and

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251. When Alisha was seized, one Defendant was bending her hands in a way that caused her pain. She cried out, and he bent it harder – and said “this wouldn’t happen if you weren’t crying so loud.” She has been having wrist problems since her arrest.
252. Subsequent to their treatment, Finn, Alisha, and Leah attended a group therapy session to relieve their collective trauma/anxiety.
Figure 42: Original artwork by Alisha Feldman. The image is an excerpt from a piece is entitled “No Cops,” and shows her arrest with depictions of the law enforcement officers omitted so that only their effects are visible. (Alisha Feldman, No Cops, August 2016.)
The Municipal Policies and Practices of the City/Parish, the Baton Rouge Police Department and the East Baton Rouge Sheriff’s Office Caused the Violations of Plaintiffs’
Constitutional Rights. 253. The policies and practices of the City/Parish, the BRPD, the East Baton Rouge Sheriff’s Office, and the other Agency Defendants were a motivating force behind and a contributing cause of the constitutional violations that Plaintiffs suffered. 254. Defendants employed well-settled, inter-related de facto and explicit policies and
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practices to suppress the Plaintiffs’ exercise of their First Amendment rights and to otherwise violate Plaintiffs’ constitutional rights, including:
a. Criminalizing individuals who criticize law enforcement; b. the control and termination of protest and dissent through the targeting for
arrest, detention, abuse, and denigration of perceived protest “leaders” and, in particular, individuals who criticize the police; c. failing to create and implement clear, understandable policies for the benefit of sworn police personnel regarding how to respond constitutionally to mass demonstrations and spontaneous protest; d. failing to train sworn personnel on the importance of protecting and respecting the exercise of First Amendment rights through assembly and protest; e. Directing the creation of pre-printed forms of affidavits of arrest, with facts already pre-written. f. the use of riot gear—i.e., military armaments—such as shields, helmets with facemasks, body armor, batons, rifles, and military vehicles without just cause and in order to frighten and intimidate those who wish to peacefully assemble to voice their concerns on issue of public importance, thereby creating an atmosphere of tension; g. failing to discipline sworn personnel who use excessive force, engage in racist policing, prepare false reports, falsely arrest citizens, and/or violate First Amendment rights, thereby creating a culture of impunity in which officers who commit such misconduct learn that they will suffer no adverse consequences;
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h. allowing a widespread practice of excessive force to continue unabated, despite notice of the pattern and the full knowledge of policymakers;
i. failing to create and implement a “street closure” permitting process to enable those who wish to engage in demonstrations on matters of immediate public importance to obtain a permit on an emergency basis (i.e., with waiver of the 45 day notice requirement);
j. imposing onerous financial conditions on those who seek to engage in protest—i.e., requiring proof of $1 million in liability insurance coverage and a receipt for rental of barricades.
255. The individual Defendants, including but not limited to the currently unknown Law Enforcement DOES, acting on the instructions and with the approval of Defendants Holden, Dabadie, Gautreaux, and Edmonson arrested Plaintiffs pursuant to one or more of the policies listed in the preceding paragraph
256. At all pertinent times herein, Defendants Holden, Dabadie, and Gautreaux were aware that the policies, procedures, practices, customs, and usages they established for the CITY/PARISH, BRPD, and EBRSO would result in violations of constitutional rights. These defendants ignored that risk and acted unreasonably, intentionally, and with knowing disregard for Plaintiffs’ constitutional rights as described above.
257. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed above were implemented and applied intentionally with knowing disregard for the rights of Plaintiffs. The policies and practices of the CITY/PARISH, BRPD, and EBRSO listed in were implemented by the Defendants, working in concert to suppress the right of community members to petition the government for redress of grievances.
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IV. CAUSES OF ACTION One - Violation of First Amendment Rights to Speech and Assembly
(All Plaintiffs against All Defendants102) 258. Plaintiffs incorporate the allegations in each preceding and following paragraph. 259. In Cox v. Louisiana, 379 US 559 (1965) (“Cox II”) a group of peaceful civil rights protestors were told by the Baton Rouge Police Chief that they must confine their demonstration to “to the west side of the street." The protesters complied. Law enforcement then ordered them to disperse, saying “"Now, you have been allowed to demonstrate. Up until now your demonstration has been more or less peaceful, but what you are doing now is a direct violation of the law, a disturbance of the peace, and it has got to be broken up immediately." Law enforcement then swept in and arrested Rev. Elton Cox. The Supreme Court held that this violated Rev. Cox’s First Amendment rights. 260. History repeated itself in 2016. A group of peaceful civil rights protesters were told by Baton Rouge law enforcement that they must move their demonstration out of the streets, and then off of the sidewalks. Each time, Plaintiffs complied. Defendants then told them to disperse, declaring that it was “no longer a peaceful protest.” Defendants then swept in and arrested Plaintiffs. 261. Just as Rev. Cox’s First Amendment rights were violated by Baton Rouge law enforcement in 1961, so too were Plaintiffs’ rights violated in 2016. 262. The protests in Baton Rouge are subject to heightened protection for the additional reason that they are peaceful and conducted on public streets and sidewalks. “Consistent with the traditionally open character of public streets and sidewalks, [the Supreme
102 Instances of “All Plaintiffs against All Defendants” stated herein does not include Plaintiff Tammy Cheney against City of Baton Rouge defendants, as those claims have been dismissed. Ms. Cheney’s claims against all other Defendants remain intact.
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Court] ha[s] held that the government’s ability to restrict speech in such locations is ‘very limited.’” McCullen v. Coakley, 134 S. Ct. 2518, 2529 (2014). The government is “sharply circumscribed” in its authority to restrain expressive activity in “places which by long tradition or by government fiat have been devoted to assembly and debate.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983). Public places, such as streets and sidewalks, that are associated with the free exercise of expressive activities “are considered, without more, to be ‘public forums.’” United States v. Grace, 461 U.S. 171, 177 (1983); see also Snyder, 131 S. Ct. at 1218 (observing that the Supreme Court has “repeatedly referred to public streets as the archetype of a traditional public forum”); Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 469 (2009) (noting “government entities are strictly limited in their ability to regulate private speech” in “such ‘traditional public fora’” as public streets and parks); Frisby v. Schultz, 487 U.S. 474, 481 (1988) (finding that courts need not make any “particularized inquiry into the precise nature of a specific street” because “all public streets are held in the public trust and are properly considered traditional public fora”). Any government act to silence speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism, 491 U.S 781, 798-99 (1989).
263. Plaintiffs, and others like them, have since attempted to engage in peaceful protest on the streets and sidewalks of Baton Rouge—the very places which the Supreme Court has described as having “immemorially been held in trust for the use of the public and [which], time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 (1939).
264. In some of Plaintiff’s arrests, the arresting officers explicitly linked the Plaintiff’s expression to the reason why they were being arrested. For example, just before they arrested
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her, Defendants told Alexus they had seen her “flicking them off.” Two - Violation of First Amendment Freedom of Press
(Plaintiffs Karen Savage and Cherri Foytlin Against All Defendants) 265. Plaintiffs incorporate the allegations in each preceding and following paragraph. 266. Defendants violated Karen and Cherri’s rights under the First Amendment to freedom of the press by interfering with their ability to gather information and cover a matter of public interest as members of the media. When told that Karen was a member of the press and offered credentials, Defendant said “fuck you, journalist” several times. 267. Observing and recording public protests, and the police response to those protests, is a legitimate means of gathering information for public dissemination that is protected by the freedom of speech and freedom of the press clauses of the First Amendment, as applied to the states under the Fourteenth Amendment to the United States Constitution. Defendants engaged in these unlawful actions willfully and knowingly, acting with reckless or deliberate indifference to Plaintiffs’ First Amendment rights. 268. This was part of a pattern by Defendants. That weekend Defendants arrested Lee Stranahan, a conservative journalist from the news site Breitbart, a self-professed critic of Black Lives Matter critic, and a strong supporter of law enforcement. He reported “I did nothing to break the law. I was not obstructing traffic because with the road closed and police blocking the lane, there was no traffic. At no point did I hear the police give any order for me or anyone else to stay back. I was given no warning whatsoever; I was simply approached and forced to stop recording.”103 269. Ryan Kailath, an Indian American reporter for a New Orleans NPR affiliate, was
103 Bill Quigley, Baton Rouge: ‘Put Those Damn Weapons Down!’, Huffingtonpost.com, July 12, 2016, citing Lee Stranahan, My Weekend Incarceration in a Baton Rouge Prison, Breitbart.com, July 12, 2016.
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Case 3:17-cv-00439-JWD-EWD Document 189-1 11/14/19 Page 75 of 85 arrested while he was on the grass by the highway across from the police station. Trying to move away from an interaction with the police, he found himself surrounded by police who did not let people leave. He was charged with simple obstruction of a roadway despite having camera footage showing he was never in the road.104 WAFB Assistant News Director Chris Slaughter was arrested when he put one foot on the highway to get a better angle for a video shoot.105
270. As a direct and proximate result of Defendants unlawful actions, Plaintiffs were damaged.
Figure 43: A Defendant ordering Plaintiff and Reporter Karen Savage to stop taking pictures of a group of officers handling a protester. (Photo by Karen Savage.) Three - First Amendment Retaliation (All Plaintiffs against All Defendants)
104 Id., citing Ryan Kailath & Eve Troeh, WWNO Reporter Describes Arrest While Covering Baton Rouge Protests, WWNO, July 11, 2016. 105 Amy Wold and Maya Lau, Alton Sterling protesters arrested in Baton Rouge to be prosecuted? DA Hillar Moore explains..., The Advocate, July 10, 2016.
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271. Plaintiffs incorporate the allegations in each preceding and following paragraph. 272. Plaintiffs’ assembly, speech, and newsgathering are protected activities under the First Amendment. 273. Defendants’ arrest, use of force, and searches of Plaintiffs were intended to deter and chill their exercise of First Amendment Rights. 274. For example, it seemed that Nadia and Antonio were targeted because they were leading chants. 275. As a direct and proximate result of Defendants’ actions, Plaintiffs were damaged and chilled.
Four - False Arrest and Imprisonment (All Plaintiffs against All Defendants) 276. Plaintiffs incorporate the allegations in each preceding and following paragraph. 277. Plaintiffs were arrested without probable cause or due process of law. 278. The Affidavits of Probable Cause signed by Defendants were perjured, fabricated, boilerplate affidavits that lacked specifics or even basic indicia of truthfulness. Arrest locations on most were inaccurate by more than five miles. The arresting officers were not the officers who wrote up the affidavits. 279. The officers could not have reasonably believed that they had probable cause to arrest the Plaintiffs for any crime, considering that Plaintiffs had complied with their orders. This is especially so considering the United States Supreme Court had issued its rulings in Cox I and Cox II. 280. Furthermore, a necessary element of both 14:97 and 14:100.1 is that the suspect actually blocks traffic. This was impossible, as Defendants had blocked off both East Blvd. and France Street with lines of officers several rows deep.
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CFaigsuer3e :4147: -cv-0To0fhf4riec3ee9rfs-rJabmWloecDski-fnrEogWmofDaf vEiadsetDoBotlacvkdue.mn(lbeeyfntPtal1nad8in9rtii-gf1fhtV) iac1nto1dr/F1Or4an/nu1co9ehSa tsP.h(aomgwiedldi7nlee7)s.ooTffhp8eo5lice irregular shapes are due to the fact that the phone was tilted at an angle.
281. Furthermore, no Plaintiff actually resisted arrest. But even if they had, one of the elements of RS 14:108 (resisting an officer) is that the underlying arrest must be "lawful." Thus, if Plaintiffs weren’t lawfully arrested for violation of 14:97 or 14:100.1, then they couldn't have been guilty of violating 14:108. See State v. Ceaser, 859 So. 2d 639, 643 (2003) ("An individual in Louisiana has a time-honored right to resist an illegal arrest.").
Five - Violation of Fourth Amendment Rights to be Free from Unlawful Search and Seizure
(All Plaintiffs against All Defendants) 282. Plaintiffs incorporate the allegations in each preceding and following paragraph. 283. Plaintiffs have a right under the Fourth Amendment to be free from unreasonable searches and seizures. 284. Defendants violated these rights when they arrested them, detained them, and used force on them without probable cause. 285. Defendants engaged in these actions willfully and knowingly, acting with deliberate indifference to Plaintiffs’ Fourth Amendment Rights. 286. Additionally, when Tammy Cheney returned to her car, she found that Defendants had gone through all the belongings in her car, damaged her trunk, and broken off her side mirror. This was an illegal search as there was no lawful justification for the search. It was not a
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search incident to arrest, because Ms. Cheney was not arrested in her car. It was not a search incident to impoundment, because the car was not impounded. It was not a search for evidence relevant to the crime, because Tammy was arrested for Obstruction of a Public Passageway and Resisting Arrest, two crimes that did not involve anything plausibly in a car.
287. Plaintiffs’ phones were searched and their property seized unlawfully. Six - Excessive Force
(All Plaintiffs against All Defendants) 288. Plaintiffs incorporate the allegations in each preceding and following paragraph. 289. The Defendants employed excessive and unreasonable force, or caused excessive and unreasonable force to be employed, in effectuating the arrests of Plaintiffs, as specifically alleged above, in violation of Plaintiffs’ rights under the Fourth Amendment. 290. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established constitutional rights. Defendants’ misconduct was the cause of Plaintiffs’ injuries. 291. In addition to the actions described above, the use of the acoustic LRAD weapon on Plaintiffs constituted excessive force. LRAD devices were first developed around 2000, initially for the military as a tool for ships to amplify and project noise to ward off other ships. In addition to amplifying sound, LRAD devices can possess a high-pitched, volume adjustable "deterrent tone" that is marketed to law enforcement as useful for crowd control by creating audible discomfort when used at close range. Close-range exposure to an LRAD can result in migraines, sinus pain, dizziness, facial pressure, ringing in ears, sensitivity to noise, as well as tinnitus and hearing loss.106 292. For a Model 3300 LRAD, the space within 320 feet of the device is a zone labeled
106 EDREI v. City of New York, 16-cv-1652 (S.D.N.Y. May 31, 2017) (Denying motion to dismiss regarding LRAD use as excessive force.)
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a "potential danger area."107 Here, Defendants used the LRAD on Plaintiffs at a range of approximately 60 to 80 feet.
293. The level of sound produced by these devices exceeds both the threshold for human discomfort (between 85 and 95 dB) and the normal human pain threshold (between 120 and 140 dB).
294. According to the National Institute for Occupational Safety and Health, “exposures [greater than] 85 dB may cause hearing loss.”
295. According to the National Institute on Deafness and Other Communication Disorders, “any sound over 90 dB can damage a person’s hearing. So the LRAD can threaten the hearing of anyone in its path, regardless of whether there is any wrongdoing.”
Seven - Failure to Intervene (All Plaintiffs Against All Defendants.) 296. Plaintiffs incorporate the allegations in each preceding and following paragraph. 297. The actions of the Defendants were the direct and proximate cause of the violations of Plaintiffs’ Fourth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above. 298. During the events described above, the Defendants stood by without intervening to prevent the violation of Plaintiffs’ constitutional rights under the First, Fourth and Fourteenth Amendments, even though they had the opportunity and duty to do so. 299. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally, with malice and knowing disregard for Plaintiffs’ clearly established constitutional rights.
107 Id. 79

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300. As a direct and proximate result of the Defendants’ failure to intervene, Plaintiffs suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
Eight - Civil Conspiracy to Violate Civil Rights (All Plaintiffs Against All Individual Defendants) 301. Plaintiffs incorporate the allegations in each preceding and following paragraph. 302. Each of the individual Defendants, acting in concert with one another and other yet-unknown co-conspirators, conspired by concerted action to accomplish an unlawful purpose by unlawful means. Each of the individual Defendants took concrete steps to enter into an agreement in July 2016 to unlawfully detain, arrest, and imprison the Plaintiffs, knowing they lacked probable cause to do so, and for the purpose of impeding Plaintiffs from exercising their First Amendment rights to protest by engaging in non-disruptive speech in support of an issue of pressing public importance. 303. In furtherance of this conspiracy, each of the Defendants committed specific overt acts, misusing their police powers for the purpose of unlawfully silencing the Plaintiffs. They accomplished this goal by using excessive force to unlawfully effect the Plaintiffs’ arrests, fabricating evidence against the Plaintiffs, and approving trumped up charges against them, which resulted in their unlawful imprisonment. 304. In the implementation of the conspiracy, the officers, deputies and troopers of each of the law enforcement agencies led by Defendants HOLDEN, DABADIE, GEAUTREAUX and EDMONSON employed the customs and policies set forth above. 305. As a direct and proximate result of the Defendants’ conspiracy, Plaintiffs suffered damages, including bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above. 306. Each individual Defendant is therefore liable for the violation of Plaintiffs’ rights
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by any other individual Defendant. Nine - Monell Claim
(All Plaintiffs Against Policymaker Defendants) 307. Plaintiffs incorporate the allegations in each preceding and following paragraph. 308. The misconduct described above was caused by the policies, practices, and customs of Policymaker Defendants. 309. The above-described widespread practices, which were so well settled as to constitute the de facto policy of the Defendants, were allowed to exist because policymakers with authority over these acts exhibited deliberate indifference to the problem, thereby effectively ratifying it. 310. This is clear both from the history of Defendant agencies described above, and more specifically from the >100 wrongful arrests of protesters in the two days prior to Plaintiff’s arrest. See the list of arrestees attached as Exhibit E. 311. The policies, practices, and customs set forth above were the driving force behind the numerous constitutional violations in this case that directly and proximately caused Plaintiffs to suffer the grievous and permanent injuries and damages set forth above. 312. Defendants named in this Count, acting individually and together, under color of law, acted to violate Plaintiffs’ rights as set forth in the preceding claims. Policymaker Defendants have developed and maintained policies, practices, procedures, customs, and usages exhibiting deliberate indifference to the constitutional rights of citizens and residents of the City/Parish, including but not limited to those policies, practices, procedures, customs, and usages described above, which caused the violation of Plaintiffs’ rights as described herein and the resultant damages suffered. 313. Policymaker Defendants had the power to prevent or aid in the prevention of the wrongs done and conspired to be done as described herein, yet failed or refused to do so, in
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violation of 42 U.S.C. § 1983. 314. The actions of the Defendants were the direct and proximate cause of the
violations of Plaintiffs’ First, Fourth, and Fourteenth Amendment rights, bodily injury, pain, suffering, mental distress, anguish, humiliation, loss of liberty, loss of income, and legal expenses, as set forth more fully above.
315. Moreover, the actions of all Defendants were directed, condoned, and/or ratified by Policymaker Defendants.
Ten - Violation of the Louisiana Constitution (All Plaintiffs Against All Defendants)
316. Plaintiffs incorporate the allegations in each preceding and following paragraph. 317. Defendants’ actions in arresting, detaining, and using force on Plaintiffs as described above interfered with their exercise of fundamental rights to speech, assembly and press, as guaranteed by Louisiana’s Constitution. It also interfered with their state constitutional rights of privacy, freedom from false arrest and unlawful search and seizure. Eleven - Intentional and Negligence State Torts - Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Assault, Battery, False Imprisonment, Malicious
Prosecution, and Negligence (All Plaintiffs Against All Defendants) 318. Plaintiffs incorporate the allegations in each preceding and following paragraph. 319. Defendants’ conduct was extreme and outrageous; knowing that the emotional distress suffered by the Plaintiffs was severe; and Defendants desired or acted with recklessness to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from their conduct. They maliciously commenced criminal proceedings against Plaintiffs using perjured and fabricated boilerplate Affidavits of Probable Cause. They falsely told Tammy Cheney that she would be charged with child endangerment, and that her children would be taken away.
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320. Defendants committed intentional offensive contact with Plaintiffs without right, and put the Plaintiffs in apprehension of such contact.
321. They imprisoned and detained Plaintiffs without probable cause or justification, and breached their duty of care with regards to Plaintiffs.
322. Defendants’ actions were the cause-in-fact of Plaintiffs’ injuries. Twelve- Vicarious Liability
(All Plaintiffs Against All Supervisor Defendants) 323. Plaintiffs incorporate the allegations in each preceding and following paragraph. 324. All supervisor Defendants are liable to Plaintiffs for the negligent and intentional acts and omissions of those under their direction and control pursuant to Louisiana Civil Code article 2320 and the doctrine of respondeat superior.
Thirteen - Indemnity (All Plaintiffs Against All Agency Defendants) 325. Plaintiffs incorporate the allegations in each preceding and following paragraph. 326. Louisiana law provides that public entities are directed to pay any tort judgment for compensatory damages for which employees are liable for actions taken in the discharge of their duties that are within the scope of their employment activities. 327. While committing the misconduct alleged in the preceding paragraphs, some Defendants were employees, members, and agents of agency Defendants within the scope of their employment. 328. Agency Defendants are therefore obligated by Louisiana statute to pay any judgment entered against their employees.
Fourteen - State Law Direct Action Claim (Against Defendant Insurance Companies) 329. Plaintiffs incorporate the allegations in each preceding and following paragraph. 330. Defendant Insurance Companies, upon information and belief, have issued and/or
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currently have in effect one or more policies of insurance covering one or more of the Defendants named herein. For valuable consideration received, these policies obligated Defendant Insurance Companies, jointly and/or severally, to pay on behalf of their insured Defendant(s) any sums the insured Defendant(s) may become obligated to pay to Plaintiffs or to indemnify their insured Defendant(s) for any sums the insured Defendant(s) may become obligated to pay to Plaintiffs.
331. By reason of their illegal and unconstitutional acts, Defendants are liable to Plaintiffs for all damages and injuries Plaintiffs has suffered as a result. Upon information and belief, Defendant Insurance Companies are contractually obligated to pay these sums on behalf of the insured Defendant(s).
332. Upon information and belief, Defendant Insurance Companies are liable to Plaintiffs for any and all damages incurred by reason of the insured Defendant(s)’ acts, up to their policy limits, notwithstanding the fact that the insured Defendant(s) may themselves be able to assert claims of privilege or immunity from liability.
333. Under Louisiana Revised Statute § 22:655(B), Plaintiffs bring a direct action against Defendant Insurance Companies to recover any and all sums they are obligated to pay Plaintiffs on behalf of their insureds or to indemnify their insureds.
VII. PRAYER FOR RELIEF THEREFORE, Plaintiffs respectfully request a trial by jury. They request that this Court enter the following relief: A.Issue a permanent injunction requiring Defendants to end their practices and policies as described above, as some Plaintiffs wish to participate in future protests in Baton Rouge; B. Issue a permanent injunction to (1) require Defendants to obtain the expungement of Plaintiffs’ arrests at Defendants’ cost; (2) bar Defendants from reporting Plaintiff’s arrests to any
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law enforcement agency, database, employer, or credit agency; (3) end their practices and
policies as described above;
C. Enter a declaratory judgment, specifying Defendants’ constitutional and statutory
violations and declaring the rights of the Plaintiffs;
D.Award nominal damages;
E. Award special damages;
F. Award compensatory damages;
G.Award Plaintiffs their costs and reasonable attorneys’ fees incurred in this action,
pursuant to 42 U.S.C. § 12205, 28 C.F.R. § 35.175, and 29 U.S.C. § 794a(b);
H.Order such other and further relief, at law or in equity, to which Plaintiffs may be justly
entitled.
Respectfully submitted, _/s/ John Adcock__________ JOHN ADCOCK Louisiana Bar No. 30372 P.O. Box 750621 New Orleans, LA 70175 Tel: (504) 233-3125 Fax: (504) 308-1266 Email: jnadcock@gmail.com
/s/ William Most_________ WILLIAM MOST Louisiana Bar No. 36914 DAVID LANSER Louisiana Bar No. 37764 201 St. Charles Ave., Ste. 114 #101 New Orleans, LA 70170 Tel: (650) 465-5023 Email: williammost@gmail.com
/s/ Jack M. Rutherford JACK M. RUTHERFORD Louisiana Bar No. 34968 1700 S. Rampart St. New Orleans, LA 70113 T: (415) 794-5639 F: (504) 407-2131 Email: jack@rfordlaw.com
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