Billy Broussard of Breaux Bridge has been fighting a lonely battle for a decade. He has lost in court against a stacked deck and before a judge who appeared predisposed to rule against him at every turn and to verbally berate him in the process.
And now, LouisianaVoice has learned that someone who calls himself an attorney is doing all he can to add threat to injury. When you read the letter from a Lake Charles attorney—actually written nearly a year ago but which only recently came into our possession—you have to wonder where he got his law degree.
Briefly, Broussard’s story started after Hurricane Rita hit Calcasieu Parish back in 2005, just a few weeks behind Katrina.
Broussard was contracted by Calcasieu officials to clean debris from the storm. But, he said, officials started adding work assigned in the original contract. Debris which was in Indian Bayou and Little Indian Bayou before the storm were ordered cleared. The bayou was in close proximity to a high-ranking parish official, Broussard says.
The problem arose when FEMA refused to approve payment for removal of pre-existing debris and Calcasieu Parish refused to make up the difference of something a little north of $1 million.
It didn’t much matter to FEMA that Mike Higdon, the man responsible for making eligibility determinations/ordering and directing work on the Indian Bayou project, is a half-brother to John Reon, superintendent of Gravity Drainage District 8, for whom Broussard performed his cleanup work.
Broussard sued and lost but he persisted in seeking public records that would support his position so that he could turn the information over to the media, LouisianaVoice included.
And those efforts to obtain public records led to a threatening letter-from-attorney-russell-stutes-jr which instead of harassment on Broussard’s part, would appear to border on harassment by someone attempting to use his position as an attorney to intimidate Broussard.
“Over the past several weeks, I have received numerous complaints by Calcasieu Parish officials regarding your repetitive public records requests…with respect to the Indian Bayou/Little Indian Bayou project,” Stutes’s letter begins and quickly went downhill from there.
Following more verbiage from Stutes, he incredulously wrote, “…all Calcasieu Parish employees have been instructed not to respond to any additional requests or demands from you associated with the project.”
As to underscore his bullying tactic, Stutes also wrote later in the letter, “Accordingly, the next time any Calcasieu Parish employee is contacted by you or any of your representatives with respect to the project, we will proceed with further civil actions and criminal charges. A rule for contempt of court will be filed, and we will request injunctive relief from Judge (David) Ritchie. Given Judge Ritchie’s outrage at your frivolous claims last year, you and I both know the next time you are brought before him regarding the project, it will likely result in you serving time for deliberately disregarding his rulings.”
Say WHAT?! Who the hell does Stutes think he is, the judges from the Fourth Judicial District in Monroe who filed SUIT against the Ouachita Citizen newspaper in West Monroe because the publication requested public records? Or Louisiana Superintendent of Education John White, who SUED two educators when they sought public records? (Note to Stutes: White lost that little gambit decisively in 19th Judicial Court in Baton Rouge.)
If Mr. Stutes would bother to take the time to read Louisiana Revised Statute 44.1 (et seq.) R.S. 44.1 (et seq.) which states unequivocally that any citizen 18 years or older has an unfettered right to review (and purchase copies of) any public record in the possession of any public body from the smallest hamlet in the state right on up to the office of the governor.
There is nothing in that statutes that says one can be prohibited from obtaining public documents simply because he came out on the short end of the stick in a court of law.
Likewise, Louisiana Revised Statute 42:4.1 (et seq.) R.S. 42:4.1 (et seq.), specifically R.S. 42:4.4(c) clearly states that all public bodies “shall provide” and opportunity for comments from citizens.
“Consider this your final warning, Mr. Broussard,” Stutes wrote. The harassment of Calcasieu Parish employees must completely and immediately cease. Otherwise, we are prepared to follow through with all remedies allowed by law.”
What a crock.
Let me tell you something, Mr. Stutes. I understand you are contracted by Calcasieu Parish officials, be it the police jury or the gravity drainage district. It doesn’t matter which one, but should I (and I am not Mr. Broussard’s “representative”) decide I wish to obtain public records from either of these bodies, woe be unto anyone who attempts to harass me with a letter like the one you wrote to Mr. Broussard.
It is I who shall follow through with all remedies allowed by law, including fines of up to $500 per day and possible jail time for non-compliance.
Do yourself a favor and read the public records and public meeting laws of the Gret Stet of Looziana.
They’re quite enlightening.
I thought it would be IMPOSSIBLE for any development to cause me to view Auctioneer Licensing Board attorney Larry S. Bankston in a favorable light. Hell, at least Bankston merely advised that Board to resist my public records requests but quickly backed off when even the Board Members showed no support for his guidance. At least he never threatened criminal charges for me making the requests!! Geez!!!!
Makes you wonder just how much of a house of cards of corruption at the Calcasieu Parish DAs Office and other affiliated agencies may come tumbling down if he got the records and forwarded them on to the FBI.
We should all start filing information requests. Screw these asshats.
One of the best suggestions I’ve seen in years!
It is with great pride that I introduce myself to you, Mr. Aswell, as Rusty Stutes’ paralegal. I’ve been working for Rusty for almost a decade, and, consequently, I am intimately familiar with all matters associated with the Indian Bayou/Little Indian Bayou debris removal project. After reading the allegations in your article, I would like to encourage you to go the Calcasieu Parish Clerk of Court’s office, conduct your own investigation, do your own research, and read the volumes of suit records pertaining to the litigation between the Gravity Drainage District 8 of Ward 1 and Broussard Construction Company of Acadiana, LLC. I am confident that your opinion will be drastically different than one relayed in your article.
I’m happy that you have such pride in your work and while that’s a rare commodity and sorely needed in today’s society, you nevertheless managed to miss my point completely.
The main thrust of my post was the absurdity of Mr. Stutes’ outrageous and silly effort to intimidate Mr. Broussard by threatening him with prosecution for requesting public records—a right guaranteed him by state statute.
His letter is something in which he certainly should take no pride.
Kimberly:
As a former fraud investigator for the Federal government, the most disturbing portion of Mr. Stutes’ letter to me is on the second page where he indicates that if Broussard doesn’t back off the public records requests, he’ll report fraud that he asserts Broussard committed. I am providing the direct link to the letter for folk to reference his threat: https://tomaswell.files.wordpress.com/2016/12/letter-from-attorney-russell-stutes-jr.pdf.
As an officer of the court, Stutes HAD AN OBLIGATION TO REPORT ANY SUCH FRAUD TO THE FBI!!!!!!!! That is the case IRRESPECTIVE of whether Broussard made public record requests or not! So, Ms. “Great Pride,” why the hell didn’t he report it?
If he was running a bluff and Broussard committed no fraud, Broussard should have (and may still can if prescription isn’t going to pose a problem) sued Stutes for libel!