Controversy surrounding that preliminary default judgment levied against a Baton Rouge television station just won’t go away and now a second lawsuit has been filed naming the plaintiff in the first lawsuit and his employer, Louisiana State Police (LSP), as defendants.
And just to make matters a bit more confusing, the name of that defendant (and the plaintiff in the litigation against WBRZ-TV) is the same name—but not the same person—as an occasional writer for LouisianaVoice.
Throw in illegal background searches and claims of violations of the Health Insurance Portability and Accountability Act (HIPAA), a police officer posing as a police officer, and a nasty divorce, and you’ve got the ingredients for a salacious story that would send a counsellor scrambling for the cabinet where the hard liquor is stashed.
Got it? Didn’t think so. Okay then, let’s review:
Back in October, 21st Judicial District Court Judge Doug Hughes signed a $2.5 million preliminary default judgment against WBRZ after the TV station failed to answer a defamation LAWSUIT against it and its investigative reporter Chris Nakamoto filed by State Trooper Robert Burns of Livingston Parish—a different person altogether than the Robert Burns who periodically writes for LouisianaVoice.
Nakamoto had reported a story about a 64-hour suspension imposed on Burns by LSP following an Internal Affairs investigation into his conducting 52 illegal computer searches on his ex-wife, one Carmen Hawkins, her current fiancé and a former boyfriend over a period of nearly three years—from November 2013 to October 2016.
Nakamoto’s story was taken exclusively from public records he obtained from LSP, so there should have been no question as to the story’s legitimacy. Had the station’s attorney filed an answer, the suit in all probability, would have been dismissed with prejudice, meaning the dismissal would be final. By failing to answer, WBRZ attorney Stephen Babcock of Baton Rouge left Judge Hughes no choice but to enter the preliminary default. That judgment, of course is now under appeal, if somewhat belatedly, and is likely to be reversed.
Burns, in appealing his suspension, said on 46 of those 52 searches, he was conducting a search of his own license plate and that the “spin-off” searches of his wife were a result of “unintended inquiries generated by an automated system.”
IA didn’t buy that explanation, especially since “spin-of” searches generated by an “automated system” couldn’t explain away the two searches on his former wife’s current fiancé and the four searches on her ex-boyfriend. Those searches, besides vehicle and driver’s license records, also included computerized criminal histories on the two men.
Moreover, Burns subsequently disseminated some of the information (we’ll get to that shortly) and then texted his ex-wife to request that she not report his actions because he “could get fired for doing so.”
The searches, according to a letter to him from LSP, were for “non-law enforcement purposes, in violation of department policy and federal law.”
Hughes signed the preliminary JUDGMENT on Sept. 28. On Oct. 19, the day after the LouisianaVoice STORY, Carmen Hawkins weighed in with her own LAWSUIT against the Department of Public Safety (DPS), LSP, and Burns and this is where things really get dicey.
She claims in her petition that she had her vehicle in an auto body shop in Walker when her ex-husband, Burns, appeared at the shop “in uniform and identifying himself as acting under the color of law and within his capacity as an employee of…Louisiana State Police, and proceeded to ask questions about plaintiff’s vehicle and the circumstances surrounding it(s) needing repair.”
Some time following his visit to the repair shop, she says in her lawsuit, Burns appeared at the Livingston Parish Sheriff’s Department “dressed in uniform and identifying himself as acting under the color of law and within his capacity as an employee of…Louisiana State Police (and) proceeded without probable cause to request that a warrant be issued” for her arrest “on allegations he knew to be false or which were based upon reckless disregard for the truth.”
She was then arrested at her home by sheriff’s deputies but “immediately release when the reason for her arrest was discovered,” she said. But that was far from the end of the matter.
In her petition, she says Burns then “published false and defamatory communications” to her employer, “which communications impugned plaintiff’s professional reputation and included the false allegation that plaintiff had accessed confidential, personal health (HIPAA) information.”
Unauthorized access and dissemination of confidential patient information is a violation of HIPAA regulations.
She said Burns’ claims were false and that it resulted in the termination of her employment.
LouisianaVoice sources have indicated Hawkins’ former employer was Our Lady of the Lake Hospital in Baton Rouge and that she has since obtained employment at another Baton Rouge hospital.
She says little about the alleged HIPAA violations but does say in her lawsuit that her ex-husband’s access to LSP databases had been permitted “by the customs and regular practice” of LSP and former State Police Superintendent Mike Edmonson, who she said was believed to have had “actual knowledge that its employees, including…Robert Burns, who were not listed as authorized users, could and were engaging in violations of department policy and state and federal law by using the databases…”
Her attorney, Jonathan Mitchell of Baton Rouge, is asking that DPS, LSP and Burns be held liable in solido (jointly) for damages and losses sustained by his client.
Thanks for making it clear to all LV readers that I’m not THAT Robert Burns, Tom (nor am I in ANY way related to him). The LSP Robert Burns is clearly a loose cannon who is out of control. Nevertheless, I’ll give him credit for exploiting the corruption so prevalent among the Livingston Parish court house cabal (with Judge Brenda Ricks a notable exception from my observations).
This episode will be interesting to follow, and I’ll add it to my list of lawsuits in 19th JDC that I track. Great post to try and sort the whole mess out!!
Be sure to follow it Mr. Burns! The discovery process is going to be great when it is admitted into public record the letters that went out to people showing that Hawkins did in fact commit HIPAA violations! And also when the text messages that prove the reason for the arrest for all the world to see come to light! What some people don’t realize with lawsuits, is that everything becomes public record….
Like everything else about this case, this is mighty confusing to us mullets out here in the hinterlands.
You have my word. I will be following it. At any given time, I’m typically monitoring about 8-10 Civil suits in 19th JDC, and I’ve added this one to the list.
Now I’m completely confused. Wasn’t Burns’ lawsuit supposed to go before Hughes on Dec. 11 for a new trial hearing? What’s the latest with that? Also, I recall that the internal affairs file showed that the ex-wife, now identified by your story as Hawkins, was fired “without a doubt” for HIPAA violations as confirmed by the OLOL compliance office and the “false” arrest was supported by a written statement and text messages from Hawkins to Burns that Burns supplied to State Police and the Sheriff. How is it that Hawkins has a basis for a lawsuit if both of these allegations were cleared in the original final report? This is better than a soap opera Tom!
Indeed it is entertaining. I will delve further into this pile of spaghetti and see if I can find the end of the noodle.
Well if the HIPAA allegation is true, only in Louisiana would you see someone sue for illegal search inquiries, when they, themselves, were performing illegal search inquiries at a hospital. As our late friend C.B. said so often, “you can’t make this stuff up”. Glad to see your site doing well Tom.
WBRZ and Burns mutually agreed to continue (postpone) the hearing that was scheduled for Monday of this week (12/11/17). As of today (12/13/17), no date has been set for a rescheduled hearing.
Wow this is getting really crazy here! So you are telling me if I said my doctor broke the HIPPA law the hospital would go fire him? I don’t think so! They would do their own investigation into this matter. The OLOL is a big hospital and they would never take that chance at all to fire someone with false allegations! Now come on it don’t take a rocket scientist to figure that one out. Sounds to me Hawkins better rethink that lame excuse again. Sounds to me she just don’t want the truth getting out about her. Sounds to me she just is looking for some money to fill her pockets. I also hear she is working in another big major hospital when she broke the HIPPA law at another hospital. Wow that’s mind blowing and it sounds to me people that doctor there at the Hospital better call and check to see if she has accessed their records. I know several that will be calling to check.
People that doctor there at the Women’s Hospital better call and check to see if their records have been accessed*** up above correction
Yes, you don’t just get fired from a job for no reason! Sounds fishy to me too! No company is just going to fire you because someone tells them something. That is just crazy!
That’s EXACTLY why I’ve added the case to be monitored. I’ll be checking for filings and attending hearings. LSP simply answered the suit without any peremptory exception of no cause of action, so it may remain dormant for a while, but I will continue to monitor it every 2-3 weeks or so.
Thank God for good decent people like Robert Burns and Tom. This sounds like one great big rats nest, at best.
Unreal Hawkins! I hope someone checks into this deeper!
Like many stated, can’t wait for the truth to come out in court. There was no proof outside of hawkins job that she violated HIPAA, funny she was fired two days after arrest. Burns was seen IN UNIFORM, there are witnesses, on the clock asking for a arrest be made of hawkins by LP sheriffs, which happened a few hours later. It’s public record, LP dropped the charges because of no proof, they took burns on his word. Also, burns in uniform “investigating” hawkins car at a body shop, the owner is proof. So exactly who is wrong here?? Not to mention he broke over 50 federal laws, so exactly what you guys said, can’t WAIT for the truth in this case.
Public records request revealed the following:
Statement from Franciscan Missionairies compliance office stating Hawkins was fired for HIPAA. Two people are in possession of letters notifying them Hawkins illegally accessed their information and was terminated. Letters are from the compliance office signed by a Ms. Champion. I personally saw one of the letters from someone who has come forward.
Copies of text messages and written statements concerning the reasons for Hawkins’ justified arrest.
Proof Burns was co-owner of the car in question at the body shop.
Mr. Aswell will be in possession of these items as well very soon.
I can’t wait to see it all get published Tom.
So just why were you fired from your job Hawkins? A hospital of that size is not going to fire you for no GOOD reason. Sounds to me you were fired for breaking the HIPAA Law and people have proof of that. Also proof Burns was co-owner of that car, so how would that be an illegal search?? Not possible… Oh and a quick google search states that Hawkins is now employed at Women’s Hospital here in Baton Rouge. Everyone might want to call and make sure their records are not being illegally accessed. The owner of the body shop is also you and your boyfriends good friend. Just can’t make this stuff up Wow
The girl making these accusations is the same girl that was fired for breaking HIPAA Violations! And also the same girl that plays on her Facebook all day, while she is suppose to be working. I think Women’s Hospital should be notified of that Tom. It’s everyday all day long she plays on Facebook, while she is suppose to be working. Making post about her boyfriends band gigs. ALL WHILE WORKING TOM. Kinda of funny she is stating things about this trooper, but sounds to me she is doing the same stuff..
😂😂😂😂ridiculous, get a life…you obviously are bitter and have nothing better to do!
This Trooper Burns was investigated by LSP internal affairs? It should make sense but……….. the Head of Internal Affairs (D. Williams, now demoted) was having his own problems (lots of confusion, I guess). He was confused with travel directions (Vegas Trip). He was confused about where to sit during the Vegas trip because he sat on a cactus and thought the branch of the cactus was part of his low body (obscene gesture…the only thing pointing North should have been his moral compass). The ex-IA Head was confused about his LSP email when he received “no panties Sunday” photo from a female that seemed to be comfortable sending it to his work account. He seemed very confused about how much to pay on hotel room. Now, there were 3 other clowns that are included in this, but the fact that the Head of IA was in the middle of this mess is unbelievable.
While working long nights, I thought about writing a story (fiction, of course) about a Las Vegas. Once upon at time, I had a good friend who was the Head of LSP which really comes in handy. Promotions to head IA, free trips, extra pay, working all dayshifts, and free, free, free, free, free…….(sorry, got carried away). Knowing I was the head of IA, I knew of no one who would question my actions, or email accounts since the head of LSP did 100 times worse things than me. Knowing that, I felt I was unstoppable. I could let my friends (for some reason in this story, my 3 friends appear as clowns) take a Vegas Trip. Who cares about the cost, it ******* FREE!! Them other hardworking troopers can go work nights and catch a drunk or go change a flat in the rain, who cares! Man, I am going to VEGAS for Free. You asked about hotel cost?? Whatever! I have a state credit card and I am ready to use it however I feel. Oh NOOO!!! My 3 clowns need more money. No problem! Claim all hours, even if your sleeping, take it and get paid. I am not looking at any criminals here???? Suddenly back at home, there is a huge rumble. It’s the LOUISIANA VOICE at my door step………AWWW …..RUNNNNNNNN!! We have been exposed!! No, no, no, no…. WE HAVE BEEN EXPOSED!!!. Now I get on my cell phone calling the other 3 clowns to figure a way out of the crime——Sorry I didn’t have better ending, but that’s my story I thought of.
Tom,
This story reminds me of something I would see in a tabloid. I come here for engaging political discourse. This is a messy divorce with no substantive value and I hope we can get back on track. There are too many bad things going on in government to waste your brain power on domestic lawsuits. I would love to read your take on the net neutrality ruling today.
I could not disagree with you more strongly! The fact that a divorce is going on is an inconsequential side show, and there is no material in this article specific to the divorce! Here are the facts:
1. A LSP Trooper was disciplined for running computer data base searches for which he even sent a text stating, “I could be fired for this.”
2. When those actions are exposed on WBRZ, Channel 2, we have the Livingston Parish Courtroom cabal colluding to award an obscene $2 million judgment to the perpetrator. The governmental corruption is Livingston Parish is off the freaking charts, and much of it lies at the feet of its District Attorney: http://www.soundoffla.com/?p=544.
3. We are now having to expend TAXPAYER DOLLARS to defend a lawsuit filed against LSP and Burns entailing allegations of his conduct. No matter the outcome of that civil trial, the defense costs are likely to be through the roof, just as they have been for so many civil governmental cases at this point (particularly those entailing the OIG).
I put out features of which there is almost no interest at all, and my latest is a perfect example of that fact. Often people can tell from the title if they may have interest. If they don’t there’s an easy solution: don’t read it. I would be less than honest if I said I read EVERY article Tom distributes. That fact notwithstanding, I would never (and I do mean NEVER) make a post on a comment saying, “I come here for xxxxxx xxxx.” Articles like this are EXACTLY why I do come here! This feature is not even remotely “tabloid” material. Obviously, there are partisan folk aligned with either Burns or Hawkins, and that’s to be expected, but to suggest that ALL of us should be denied the opportunity to know of the material covered in this post given that it is OUR TAX DOLLARS being spent on these folks’ actions is, IMHO, absurd on its face!
Tom and I differ substantially in terms of political philosophies and, being honest, that was part of my motivation for forming my own blog. Having said that, when he informs me he needs help with investigative resources (generally obtaining courtroom filings), I will not hesitate for one second to assist him, and he assists me as well. He and I are both dedicated to exposing governmental corruption, and having free rein to run computer searches for non-law-enforcement purposes, which is what IA found and the man admitted “I could get fired for this,” and IF the allegations in Hawkins lawsuit entailing upper brass of LSP, including Edmonson, knowing about it and turning a blind eye are true, constitutes corruption, pure and simple! It is therefore, IMHO, very, VERY appropriate for this blog!
I agree mostly
with your assessment Mr. Burns, however I will assert that the above lawsuit appears to be without merit for the most part, and yes, that will cost taxpayers money to defend. If Hawkins, as asserted by those with access to the public records, was indeed fired for HIPAA, then this entire debacle takes a very interesting turn. The State will be defending a lawsuit from someone who apparently has committed federal violations herself, arguably more heinous in nature since it could be argued that medical records are much more sensitive than driver’s license records. Hawkins will have zero credibility in front of a judge and jury and will lose the case. All the while, we as taxpayers are stuck with the bill.
What Has The State Police Become! This is what happens when a self centered Colonel surrounds himself with a Fraternity Clique and sells the Integrity of the Agency to the Louisiana Sheriff’s Association!
Thank You Mike Edmonson!
We also hear you have a few friends that work at the sheriffs office Hawkins??? Could that be how you were released from jail so quick?? 🤔 someone should look into that.
I was told Edmonson involved himself in running a name of a state senate candidate out of Monroe area in 2015. Complaints were filed by the offended candidate only to fall on deaf ears. Cover Up and Corruption!
My assessment of this particular blog and its commenters is that a lot of time is being spent attempting to discredit the ex-wife in an attempt to cover the fact that a high ranking officer ADMITTED to committing over 50 felonies and walked away with a week’s vacation as disciplinary action. IMO, LSP failed to not only safeguard their system against blatant and obvious abuse by troopers, but they failed to properly discipline. Since when are LSP officers above the law to the point that breaking federal law (in gross abundance, not just once) goes unprosecuted? Regardless of the actions of one, the felonious actions done by the other while being paid a hefty salary on taxpayers dollars is still the black eye of LSP. The key here is that LSP is ethically and legally bound to uphold and enforce the law, not break it. The integrity of the entire organization has left the building if they let this go with just that one week vacation in return for 50 felonies. Taxpayers will pay dearly in this case I’m afraid.
Just for the record, this “blog” was instrumental in the breaking of many high profile news stories through the past few years, some of which resulted in high ranking officials resigning. The comments here are mainly about Hawkins, since this story is about her lawsuit that she filed. The biggest turn of events, however, is that she appears to have been terminated for HIPAA violations, which is ironic considering the basis of her lawsuit is that an organization failed to safeguard its system. What about OLOL’s system that she was allegedly able to violate? Is this not a black eye on OLOL? What about the current system at Woman’s Hospital if that is in fact where she is working? Saying “in gross abundance, not just once”, does not lessen the HIPAA allegations here. The irony of this entire case is so thick you could cut it with a knife.
We have learned of another hospital, in Metairie. We will know more this coming week with records requests we have sent to at least three area hospitals.
Thank you for setting the record straight for me Smithy! Actually, I’ve followed this blog for quite some time. My phrasing could’ve been better, I guess. I should have said “this blog post”, meaning this particular post. Again, all just my opinion, but I see emotionally charged comments that are all based on allegations yet the main PROVEN fault of 50 + felonies has gone by the wayside. You are right, Tom has been very instrumental in exposing the waste and misuse of taxpayer dollars. This story is no different considering the scandalous LSP has yet another officer abusing his hefty salary by using that paid time illegally to commit felonies, admit to committing them and then continue to draw a hefty salary. No other profession would allow such! If you don’t see that as crooked, no matter the alleged actions of the other party, you are a part of the problem. You cannot abuse your position, break company policy, break your code of ethics, and break the law and continue on like nothing ever happened……unless you’re a fraternity member at LSP. I see multiple comments here in defense of these scandalous actions and their scenes is “but she did this”…….what she allegedly did doesn’t change the FACT that he admitted wrongdoing. If you look at this case from a legal standpoint, she will most certainly collect on the taxpayer dime because her suit is not to debate the “he did, she did”, her suit is to prove that LSP failed to protect her from repeated misuse of the badge and she has a smoking gun of admission from him. Legally, LSP doesn’t stand a chance here. That’s my opinion.
On the subject of the other allegations, I will say this: I’ve been hasty before to try and form an opinion given rumors and allegations and, in the end, they’ve just been rumors and allegations. I choose to sit back and see the facts as this goes to trial because making assumptions based on emotionally charged comments might make an buffoon out of me.
You have go to be kidding me? Hawkins did this at others hospitals? What is wrong with these hospitals? Don’t they check her background and work history?
#growup you know it’s true! I see you playing on Facebook all day everyday, even when you are working. All your boyfriends Facebook band gigs you make while you are working, but you have the audacity to say Burns was working and dressed in Uniform! Sounds very hypocritical of you don’t you think?? I’m not bitter at all, I have no reason to be. I just know what I see and the facts. Now you have everything hid on your Facebook, guilty much? I know you don’t have lunch and breaks at Women’s Hospital, where you work, all day long!! I’m waiting for Toms post on here soon.
Nothing surprises me about Hawkins! She made up fake profiles of me and put me on dating sites. What kind of normal person does that? I believe everything on here about her.
She did what??? What is wrong with her? I will be making a call to check my records out. This is just crazy they would allow her to work there, unless they don’t know?? Great articles you are posting Tom.
The comments on here are horrible. Not ONE piece of evidence against this lady other than this guys word even though you guys keep saying it’s true. Google false hippa firings…also, its public record because I found it after hearing of this, that not once but twice, this went before a judge for unemployment and with the evidence OLOL supposedly had, two different judges sided with Hawkins stating that she was let go out of convenance. So you guys need to do your homework before you start trying to ruin her job. Burns was proven to break 52 federal laws but no one is commenting to call lsp to see if he’s ran their names.
Sounds to me like Hawkins should be suing OLOL then. We should be able to reach them for comment if they are letting employees go in that manner.
Hawkins, share the link you are referring to on here. That you were not fired for HIPAA violations. People are stating they have letters to prove that you were.
Hawkins, I googled that and I never found anything. What do you want us to google? If you have proof, why don’t you publish it, to prove you were not fired for breaking Hipaa violations. Why would it go before two different judges? You are exactly right Smithy, looks like she should be suing OLOL not the LSP. We will definitely be calling OLOL on this matter. Plus looking up someone’s MEDICAL RECORDS is MUCH WORSE than looking at someone’s driving record.
Penalties for Breaking the Privacy Rules Criminal penalties under HIPAA: Maximum of 10 years in jail and a $250,000 fine for serious offenses Civil penalties under HIPAA: Maximum fine of $25,000 per violation Organization actions: Employee disciplinary actions including suspension and/or termination for serious … I don’t think a big hospital like OLOL would fire someone out of convenience.
It’s public record. Instead of commenting on here, go dig like I did. Louisiana is a “at will” state. You can be fired without cause, for any reason as long as it’s not discrimination. And YES it went before two judges and Olol paid unemployment for six months even after two appeals. This is not hawkins y’all keep referring to, it’s just that you guys need to do your own leg work. She has never been fired before and has been in healthcare for almost twenty years and never written up or in trouble. Don’t you guys think it’s funny she got arrested because of burns, let go charges dropped on a Friday and Monday they fired her? Not to mention, her everyday job consisted of being in hundreds of charts and burns reported everyone’s name he could think of, and one chart came up but OLOL
Couldn’t prove if it was accessed within the scope of her job or not because they purged their records of her work??? See, it’s not hard to find this info. If you want to know so much find her or wait for this lawsuit. The truth always comes out.
One more question, Tara and everyone else, why do you guys care enough to call her new and old job and try to get her in trouble? Unless you know her personally and if you do, ask her. I found enough out easily and got hard proof. Seems to be nosey people that have nothing better to do than to let the law and court system, ironically, handle this.
Found the law since I can’t post a picture, Louisiana Revised Statute 23:1601(2)(a) provides, in pertinent part, that an individual shall be disqualified if the administrator finds that he has been discharged for misconduct connected with his employment, etc.
Go read it, this was not used against hawkins for unemployment although OLOL appealed the decision twice because they can fire her and say what they want, but judge found no proof of misconduct.