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Archive for the ‘Lawsuits’ Category

This post is almost certain to earn me an invitation to never enter Iberia Parish as long as Louis Ackal is sheriff. That’s okay. I’ve received similar invitations from other sheriffs down through the years.

But the truth is, Ackal is a menace and is quite probably the last person in Iberia Parish who should be permitted to wear a badge and to carry a gun.

He not only presides over a department that abuses inmates, but when a local citizen, an African-American, initiated a recall effort against Ackal, he ended up arrested for manslaughter in connection with a one-car accident in which he was not even involved.

On July 8, 2016, Donald Broussard was rear-ended by a hit-and-run driver In Lafayette Parish who minutes later collided head-on with an 18-wheeler and was killed in adjacent Iberia Parish. Yet it was Broussard who was indicted on a charge of manslaughter by an Iberia Parish grand jury on March 19, 2017.

And more recently, Ackal has settled two lawsuits against his department—one involving the deliberate shooting of a dog, a family pet, and the other involving the death of a prisoner while handcuffed in a sheriff’s department squad car.

Four years ago, on March 3, 2014, 22-year-old Victor White III was stopped by Iberia Parish deputies. The deputies said marijuana and cocaine were found on White but who really knows? Evidence planted by unscrupulous law enforcement authorities is certainly not unprecedented. I’m not saying drugs were planted in this White’s case. He was placed in a sheriff’s department patrol car, his hands cuffed behind his back. While cuffed, deputies said, he somehow managed to get a gun and “committed suicide” by shooting himself in the back.

A coroner’s report released five months later, however, said White shot himself in the chest, a feat that would seem to defy all laws of physics. That White’s hands were never tested for gunpowder residue only served to cast further doubt on the official version of events. Still, the parish coroner, Dr. Carl Ditch, insisted White’s death was a suicide.

Lloyd Grafton, an expert retained by White family, weighed in on the evidence. Grafton, of Ruston, is a veteran of twenty-one years as a special agent for the Justice Department’s U.S. Bureau of Narcotics and Dangerous Drugs and with the U.S. Treasury as a special agent for the Bureau of Alcohol, Tobacco and Firearms. He also served on the Louisiana State Police Commission. Today, he serves as an expert witness in cases involving alleged excessive force by law enforcement.

He said the entry wound was more to the right side than frontal area and that the bullet exited from White’s left side. “There is no way he could have shot himself the way they (officials) described it, with his hands cuffed behind his back,” Grafton said.

On May 19, 2015, U.S. Rep. Cedric Richmond of Louisiana’s Second Congressional District, wrote a gut-wrenching three-page letter to then-U.S. Attorney General Loretta Lynch in which he requested an investigation into mistreatment to the deaths of eight people who were in the custody of the Iberia Parish Sheriff’s Office. In his letter, he cited several suspicious incidents that occurred at the Iberia Parish Sheriff’s Office during Ackal’s tenure:

  • In 2008, a man alleged that a deputy beat him so badly during an arrest that he coughed up blood and then a muzzle was put over his mouth. The man later settled a suit with the Sheriff’s Office for $50,000.
  • In 2009, Michael Jones, a 43-year-old man who suffered from bipolar disorder and schizophrenia, died in the jail after an altercation with then-Warden Frank Ellis and then-lieutenant Wesley Hayes. This year, a judge ruled that two Sheriff’s Office employees were responsible for Jones’ death. The judgment in the case totaled $61,000.
  • In 2009, former inmate Curtis Ozenne alleged that officers began a contraband sweep by forcing him to remain in the “Muslim praying position” for nearly three hours. Mr. Ozenne alleged he was kicked in the mouth multiple times, threatened with police dogs and then his head was shaved. In his complaint, Mr. Ozenne also alleged that Sheriff Ackal threatened him with a dog and watched as an officer struck him with a baton for smiling. Mr. Ozenne’s suit against the Sheriff’s Office was later settled for $15,000.
  • In 2009, Robert Sonnier, a 62-year-old mentally ill man, died as the result of a fatal blow delivered by an IPSO Deputy in the course of a physical altercation. After Mr. Sonnier was unable to receive a psychological evaluation authorized by his wife, he was left in a wheelchair to stew in his own waste for several hours. He eventually became agitated which led to altercations with Deputies that resulted in Sonnier being pepper sprayed twice and eventually leading to the fatal blow.
  • In 2012, Marcus Robicheaux, an inmate at Iberia Parish Jail, was pulled from a wall and thrown to the ground as IPSO correctional officers ran a contraband sweep. A deputy’s dog then attacked Mr. Robicheaux, biting his legs, arms and torso, as the deputy stomped and kicked the prone inmate. The whole three-minute incident was captured on video from the jail’s surveillance cameras.

Ackal and several deputies were eventually indicted but when the judge showed up in federal court in Lafayette impaired, the case was transferred to Shreveport where, with the help of high-priced legal counsel, he was a acquitted, though several of his deputies were either convicted or copped pleas.

Federal Judge Donald E. Walter, who said he never liked sentencing those who appeared before him in court, told the deputies that they were “the worst.”

“So many law enforcement officials are out there risking their lives for little pay. All I can say is you had lousy leadership,” he said. “How sad this is for all concerned.”

Interestingly enough, the local newspaper, The Daily Iberian, reports precious little of the sheriff’s travails. Whether that is because of fear of reprisals on Ackal’s part or for other, less noble reasons is unclear. Either way, it’s a sad commentary when the local press can be cowed into submission by any politician—even one with a gun.

Take that settlement with the family of Victor White last month, for instance. As has become a disturbing trend in recent years, the terms of the settlement were sealed so the taxpayers of Iberia Parish who paid the tab will never know how much that monumental screw-up has cost them in terms not only of the settlement itself but the legal defense of Ackal and his deputies, as well.

And The Daily Iberian certainly isn’t going out of its way to learn how much the settlement was. In fact, search though you might, you won’t even find a story in The Daily Iberian about the settlement at all. Nothing. Nada. Nil. Zip. Zilch. Nary a word. Way to uphold the integrity of the Fourth Estate, guys. But if you want to do something on this story, you can check out this Lafayette television station’s WEBSITE. At least they have some inkling of what a real news story looks like.

And then there is this April 4 STORY about Ackal settling yet another lawsuit last month, this one for $75,000 after one of Ackal’s deputies shot a two-year-old Presa Canario dog after deputy Lucas Plauche’s body cam recorded him saying to the animal, “Dog, you’re about to die, you understand me? You’re about to die.” Plauche could be heard chuckling but the video ended just before he shot the dog in its owner’s yard.

Oh, and that story, by the way, ran in The Shreveport Times, nearly 200 miles north of New Iberia. Nary a word in The Daily Iberian, however.

In most cases, public bodies are insured against such liability. Not the Iberia Parish Sheriff’s Office, however. Its liability insurance premiums increased dramatically in recent years with the increasing number of complaints that were settled and its coverage was eventually dropped.

The citizens of Iberia Parish have a right to know the total cost of suits and settlements that Ackal is responsible for. The fact that The Daily Iberian, for whatever reason, makes no effort to perform even a scintilla of investigative reporting is irrelevant. Ackal owes Iberia Parish residents an explanation.

And then he owes it to them to resign.

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That’s right folks.

Almost two years after being asked to investigate the rape of a 17-year-old girl in the Union Parish jail by a man already convicted of aggravated rape and awaiting sentencing, Attorney General Jeff Landry’s office finally took its case before a Union Parish grand jury.

And guess what?

The grand jury, after reviewing all the evidence provided by Landry’s office, declined to indict Demarcus Shavez Peyton of Homer.

Te refresh you memory, Peyton was awaiting sentencing after being convicted of aggravated rape in a separate case in nearby Claiborne Parish. He was allowed to leave his jail cell and to enter the cell of the 17-year-old, who was being detained after being picked up on meth charges. Peyton was said to have raped the girl not once, but twice

Because the Union Parish Detention Center is run by a commission comprised of the sheriff, the district attorney and several area mayors, the district attorney, rightly claiming a conflict of interest, asked Landry to investigate the matter.

So Landry’s office was handed an investigation of:

  • A rape that occurred at a time, date and location known to investigators;
  • Allegedly committed by a person known to investigators;
  • Committed against a victim also known to investigators.

Yet, the attorney general somehow was unable to build a case against Peyton despite the presence of a witness who said he also was allowed into the victim’s cell with the intent of sexually assaulting her but departed without doing so.

I guess we’ll have to wait and see how the civil suit filed by the victim plays out. While criminal convictions call for proof of guilt beyond reasonable doubt, a civil suit need only show a preponderance of the evidence. An illustration of that is the exoneration of O.J. Simpson on the criminal charges of murdering his wife and Ron Goldman but Goldman’s parents then sued Simpson in civil court and won.

Meanwhile, several questions immediately come to mind regarding the AG’s investigation and the presentation of evidence to the grand jury:

  • Was a rape kit was used by investigators?
  • Was the rape victim interviewed?
  • Was the witness interviewed? Apparently he was, since he admitted that he initially intended to participate.
  • Were DNA samples collected?

We probably will never know the answers to these questions because contrary to Landry’s penchant for issuing glowing press releases to trumpet his wonderful work on behalf of law and order and the American way, his press office was strangely mute on this matter. No press releases this time, thank you very much.

Oh, there was one email response to the Farmerville newspaper editor’s inquiry from Landry’s press secretary that said, “…at a hearing on March 15, members of a grand jury in the 3rd Judicial District were given an opportunity to review all the evidence we had in this matter. After our presentation, the grand jury determined that no formal charges should be filed. While we must respect the grand jury’s decision, it is important to note that our office stands ready to act should new credible evidence arise.”

Well, that’s certainly reassuring.

No effort was made to so inform LouisianaVoice  which, for 18 months, has dogged Landry’s office for updates on the investigation. We were always told that the investigation was ongoing and that no details could be released.

Of course, when details could be released, the attorney general’s office was strangely quiet. But then, we never really expected Landry to go out of his way to keep us in the loop.

But now that the investigation is over and the matter is closed, there’s no reason for Landry’s office to continue to withhold details of his office’s investigation. Accordingly, LouisianaVoice will be making an official public records request for the AG’s file on the investigation.

And now we can turn our attention to another “ongoing investigation” by Landry’s office—one that a lot of people in Baton Rouge will be watching and one which has a much higher profile.

More than 10 months ago Landry’s office was asked to investigate the shooting of a Baton Rouge black man, Alton Sterling, by Baton Rouge police. Landry appears to be dragging his heels on that probe as well and there is growing pressure from the black community to announce his findings. Their voices are considerably louder than that of a young girl raped in a lonely north Louisiana jail cell.

If that Union Parish “investigation” is any indication….

 

 

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A lawsuit making its way through U.S. District Court in Lafayette alleges that a female employee, Jordan Carter, was dismissed from her job at Swiftships, LLC in Morgan City because she was pregnant and management did not want to grant her maternity leave.

The lawsuit, which also says Carter was promoted prior to her pregnancy but never received a promised increase in pay that was supposed to go along with the promotion, carries far more significance that your normal discrimination lawsuit, however.

Between fiscal year 2007 through 2016, Swiftships held seven federal CONTRACTS totaling $386 million. Those included $103.4 million in contracts with the U.S. NAVY for non-nuclear ship repair. The duration of those contracts ran from Sept. 22, 2014, through March 20, 2018.

Carter was employed by Swiftships for nearly 21 months, from April 22, 2013, to Jan. 9, 2015.

Prior to her termination, she was demoted. She said her supervisor told her she was demoted because of her pregnancy.

One witness told Smith that she was aware of two other pregnant women who were terminated by Swiftships prior to giving birth.

Federal contracting regulations strictly prohibit employee discrimination in any form.

  • Last April 24, Swiftships was awarded a $27.4 million modification to a previously-awarded contract “for the accomplishment of continuous lifecycle support for the Iraqi Navy.” The shipbuilding firm is providing TECHNICAL EXPERTISE in preventative and planned maintenance, repairs and platform overhaul support services for Iraqi patrol boats, offshore vessels, and defender boats. Work under the contract, which was scheduled for completion this month, was performed on Umm Qasr Naval Base, Iraq.
  • In October 2015, the U.S. Navy EXTENDED Swiftship’s contract to operate and upgrade a repair facility for Iraqi patrol boats built in Morgan City. The one-year extension was worth almost $11 million for Swiftships.
  • Swiftships has delivered almost 300 vessels through Foreign Military Sales, (FMS) the preferred method for selling defense systems abroad.

Under FMS, the Department of Defense procures defense articles and services for the foreign customer using the same acquisition process used to procure for its own military needs.

Recent policy changes in the U.S. Government’s Federal Acquisition Regulations have opened the door to foreign governments, allowing them to participate in FMS procurement negotiations. In general, the government-to-government purchase agreements tend to ensure standardization with U.S. forces; provide contract administrative services that may not be available through the private sector; and help lower unit costs by consolidating purchases for FMS customers with those of DoD. DCS allows the foreign customer more direct involvement during the contract negotiation phase; may allow firm-fixed pricing and may be better suited to fulfilling non-standard requirements.

The President designates countries and international organizations eligible to participate in the FMS program. The Department of State makes recommendations and approves individual programs on a case-by-case basis. Currently, around 160 countries are eligible to participate in FMS.

The Carter lawsuit is not the first litigation in which Swiftships was named as a defendant.

  • In 2015, Swiftships found LIABLE for $2.1 million in unpaid fees owed to MTU America, plus more than $400,000 in legal fees.
  • Last month, Swiftships, with annual revenues of $50 million, was found liable for $689,000 plus legal interest and legal fees for BREACH OF CONTRACT.
  • In June 2015,Valerie Landreneau, a female employee of Swiftships’ Morgan City facilities, filed suit in state district court against Swiftships after claiming that a former co-worker attacked her after learning about her SEXUAL HARASSMENT complaints against him.

If Carter or Landreneau should prevail in either or both of their harassment lawsuits, an adverse decision could result in the cancellation of hundreds of millions of federal contracts currently held by Swiftships.

Carter is represented by attorney J. Arthur Smith of Baton Rouge who has also claimed (though not in the lawsuit itself) that he has been informed that Swiftships “raids employees’ 401K accounts in order to remain afloat (no pun intended) but has failed to repay the money. Smith says a witness has informed him that Swiftships employees have had their 401K funds “borrowed” and used “to run the company,” and that “many of the employees did not get their money reimbursed as promised.”

Federal law also prohibits companies from raiding employee retirement and/or insurance funds.

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You have to give credit to Lake Charles attorney Ron Richard: he certainly knows how to milk a case for all it’s worth in order to keep the meter running.

It apparently wasn’t enough that his four SLAPP (Strategic Lawsuits Against Public Participation) against Welsh Alderman Jacob Colby Perry were tossed by the presiding judge.

And no matter that a recall petition was initiated against Perry and that POSTCARDS were mailed to Welsh residents that DEPICTED Perry and fellow board of aldermen member Andrea King as “terrorists.”

And never mind that Mayor Carolyn Louviere desires to shut down a bar that just happens to be adjacent to a business owned by her son.

Now Richard, his four LAWSUITS against Perry—filed by him on behalf of the mayor, her son, her daughter, and Police Chief Marcus Crochet—having failed the smell test of 31st Judicial District Court Judge Steve Gunnel, who not only dismissed the four lawsuits aimed at silencing Perry’s criticism of Louviere’s administration but also awarded ATTORNEY FEES of $16,000 to Perry, is now challenging another RECALL PETITION, this one against his client, her honor the mayor.

So, it seems to boil down to the apparent belief that a recall against an alderman who seeks answers to budgetary questions is fine and dandy but to suggest a recall against the mayor who draws up that city budget constitutes a technical foul.

It’s all a sordid little mess punctuated by what appear to be excessive expenses of the police department, ($818,000 for nine months, form June 2016 through February 2017—for a town of 3,200 living, breathing souls), 18 police cars (again, for a town of 3,200), removal of Perry from the town’s Facebook page, and a mayor’s son (one of the four plaintiffs in lawsuits against Perry) who has a less than stellar past of his own.

Basically, with all that is going on there, it doesn’t really appear to be a town where most people would care to call home these days. That’s no dig on all the decent, minding-their-own-business residents living there, but a sorry commentary on the town’s leadership—if one wishes to be overly generous in calling it that.

Meanwhile, Richard manages to keep the meter running as the legal fees continue to mount for Madam Mayor. Of course, it has to be the client’s decision to retain him to pursue these objectives. He’s just a lawyer who ostensibly takes direction from his client. But often times, a client’s decision on a course of action is predicated upon the attorney’s advice, so in trying to determine who is actually calling the shots, we may just have the age-old chicken or egg question.

Still, it’s enough to make one wonder who is paying those legal bills: the client or the city?

Perhaps that’s another question for Mr. Perry to ask.

If he can get an answer, that is.

Anyone? Bueller? Bueller? Anyone?

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