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Archive for the ‘Lawsuits’ Category

By now, thanks to the Internet and network TV news, virtually everyone in the U.S.—and apparently some foreign countries—knows about the ham-handed manner in which the Vermilion Parish School Board shut down one of its teacher’s comments during a recent board meeting.

The manner in which Kaplan middle school English teacher Deyshia Hargrave’s was cut off from speaking and subsequently manhandled by a city marshal was carried out with all the tact, consideration, delicacy, and diplomacy of Donald Trump discussing immigrants from $*%#hole countries.

And the fact that the school board employed the CITY MARSHAL who was previously accused of using excessive force against a 62-year-old man in poor health to carry out the handcuffing and arrest of Hargrave certainly didn’t help matters in what overnight brought national and international negative attention to Louisiana.

And the announcement by the city prosecutor that Hargrave would not be prosecuted only enhances her chances of reaping a financial settlement subsequent to the lawsuit she is almost certain to file for her rude treatment and public humiliation.

To provide a little background for anyone who may not have heard, Hargrave was at the board meeting to protest a $30,000-per-year proposed salary increase for School Superintendent Jerome Puyal (from $110,190 to $140,188) while teachers, cafeteria workers and, support staff received no salary increases. School Board President Anthony Fontana, an Abbeville attorney who has been on the board about a quarter-of-a-century, promptly gaveled her into silence, proclaiming her comments were not germane to the board’s agenda.

One report had Fontana referring to Hargrave, parish’s 2015-2016 teacher of the year, as “the poor little lady” in an INTERVIEW subsequent to the meeting. That charitable reference is almost certain to absolve him of any culpability in what has become a public relations nightmare sufficiently grievous to attract the attention of the ACLU and teachers’ unions, not to mention network television news.

But that all could have been avoided had Fontana simply consulted in advance with the good folks at Gravity Drainage District 8 of Calcasieu Parish Ward 1. Not those folks know how to shut a dissident up quietly and efficiently.

The secret is to get an attorney who isn’t afraid to threaten the dissident and a judge who can ignore the First Amendment to the U.S. Constitution and issue an order that the dissident may not make public records requests nor have any contact with any members or employees of the gravity drainage district.

Or, better yet, have a gaggle of judges file suit against a newspaper to prevent it from seeking public records from the court.

Problem solved.

Never mind that the gravity drainage district hired with Billy Broussard to remove debris from drainage canals following Hurricane Rita under a FEMA contract and then instructed Broussard to remove older pre-storm debris and that he would be paid to do so.

But when FEMA said the older debris was not part of the project, the drainage district flat-out refused to pay Broussard about a million dollars that was due him for the work. Moreover, some of that older debris consisted of large cypress logs—still very much useful in construction—which mysteriously disappeared.

So, when Broussard attempted unsuccessfully to get reimbursed for his work, RUSSELL STUTES, Lake Charles attorney for the drainage district, wrote a testy letter to Broussard in which Stutes, elevating himself to judge status, threatened Broussard with jail time “the next time any Calcasieu Parish employee is contacted by you or any of your representatives with respect to the project…”

Stutes even filed a petition for injunctive relief to bar Broussard from contacting members or employees of the drainage district and from seeking public records. Incredibly, 14th Judicial District Judge David Ritchie signed the order for the INJUNCTION that bars Broussard from his constitutionally-guaranteed right to seek answers from a public body. That right is also guaranteed under Louisiana R.S. 42:4.1 et seq.

Likewise, the judges of the 4th JDC up in Monroe filed SUIT against the Ouachita Citizen newspaper in West Monroe in order to stymie the newspaper’s efforts to obtain public records from the court.

So, you see, Mr. Fontana, it really wasn’t necessary to shoot yourself in the foot by having the city marshal strongarm Ms. Hargrave, your defense that he was authorized to do so notwithstanding. That just brought unwanted attention to a board what was already contentious in its membership makeup—some of that disharmony stemming from the performance of the very superintendent to whom you trying to give an extra $30,000 per year.

All you had to do was have the board attorney (and you are an attorney yourself) to find a judge who would sign an order for injunctive relief which, while questionable in its legality, would nevertheless have shut Ms. Hargrave up.

For a minute, anyway, to borrow a phrase from Ron “Tater Salad” White, one of my favorite stand-up comics, which he tags at the end of this joke but which is deleted from this VIDEO.

 

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The ongoing soap opera of the Louisiana State Police Commission (LSPC), which in no way resembles its membership makeup of a little more than a year ago, continues unabated.

In a relatively short time, the commission has undergone a complete membership turnover, has seen two commission chairmen resign under pressure, a member resigning in protest over what he called a lack of integrity on the part of fellow commissioners, the resignations or removals of other members, and the forced resignation of its executive director.

Now that former executive director, Cathy Derbonne, is back with a vengeance—and with an attorney known in Baton Rouge for taking on the establishment in a take-no-prisoners frontal assault.

Derbonne and her attorney, Jill Craft, have filed suit against the Louisiana State Police Commission, claiming that then-Commission Chairman T.J. Doss, commission member Jared Caruso-Riecke, Louisiana State Police upper command (including then-Superintendent Mike Edmonson) conspired to force her from the job she had held for eight years.

DERBONNE PETITION

She claims in her lawsuit that the reprisals started after she initiated an investigation into reports that members of the commission and the Louisiana State Troopers Association (LSTA) had violated regulations against political activity by making monetary contributions to several political campaigns, including that of Bobby Jindal and John Bel Edwards.

She alleges in her petition that Doss was sharply critical of her at the LSTA convention held in Lafayette in June 2016. She claims that Doss said the furor over the political contributions were her fault and that she “had lost her mind.”

She says a year later, on July 14, 2016, Doss was detailed from his job in Troop G in Shreveport to Baton Rouge headquarters “with the purpose of closely monitoring and observing (Derbonne’s) daily routine,” and the following day he appeared unannounced in her office to ask when was the last time she had been evaluated “which petitioner (Derbonne) understood was a threat.”

When she brought an unlawful pay increases of as much as 32 percent for Edmonson and four of his top deputies to the attention of the Legislative Fiscal Office in September 2016, many of her administrative duties were taken from her by the commission through the efforts of Doss.

She said on Jan. 7 of this year she received an anonymous letter warning her that Doss, by then elevated to commission Chairman, was leading a “secret charge” for her removal. Five days later, at the Jan. 12 commission meeting, she was told that the commission had the necessary votes to remove her. They pressured her to resign, saying they would humiliate her in public.

She did resign but says in her lawsuit that she was harassed and “constructively discharged” in reprisal for her engaging in activities protected under state statute.

She is requesting a trial by jury.

Only two members, Jared-Riecke and Eulis Simien, Jr., remains from the commission membership that convened on Jan. 12. The commission’s primary function is to consider appeals of disciplinary action against state troopers. But like the administration of former Superintendent Edmonson, it has been rocked with one controversy after another which has made it nearly impossible for it to formulate any cohesive action other than damage control and finding new creative ways to embarrass the Edwards administration.

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By Morgan Statt, Guest Columnist

It’s 2005, and the National All Schedules Prescription Reporting Act (HR 1132) is on President George W. Bush’s desk ready to sign. With one fell swoop he signs the bill into law, and it grants all states $100 million in funding to aid prescription drug monitoring services. Shortly after, former Louisiana representative Billy Tauzin abandons his post in the House of Representatives and accepts a job as President and CEO of PhRMA, a major lobbying group for pharmaceutical companies. Instead of celebrating the bill being signed into law, Tauzin finds a way to dismantle the allocation of funding.

Now, let’s bring it back to present day. Today, there is an almost daily snippet of news on America’s opioid epidemic, one that has ravaged nearly every area of the country. In 2016, more than 63,600 opioid overdose deaths were reported, the highest number ever, and new reports show that the crisis is lowering the average American life expectancy.

What’s being done to combat the crisis that either directly or indirectly affects millions of Americans?

For one, states are strengthening their prescription monitoring programs, the very thing Rep. Tauzin dismantled funding for in 2005. Although these programs have been in place for a number of years, only a limited number of providers have taken advantage of their ability to detect and deter abuse. Additionally, cities and states across the country have filed lawsuits against pharmaceutical companies for their role in the crisis.

And Louisiana is one of them.

In September 2017, the Louisiana Department of Health filed a lawsuit against 16 drug manufacturers, among them OxyContin maker Purdue Pharma, at the 19th Judicial Court in Baton Rouge. The suit claims that the named companies used aggressive marketing tactics and encouraged physicians to prescribe opioids under the guise that they were not addictive.

Louisiana Attorney General Jeff Landry has said that “Louisiana is one of eight states that has more opioid prescriptions than residents.” Despite the fact that Big Pharma played a role in the opioid epidemic, will these lawsuits actually make a difference? Even if there was an astronomical payout, will these lawsuits help to end the crisis and prevent future epidemics?

The short answer is: no.

Big Pharma is like that rich, popular kid in high school we all knew. They used their money and status to manipulate peers and played off students’ desires to be a part of their inner circle.

Similarly, Big Pharma uses status and influence to get what it wants. Its targets for manipulation span multiple areas of the industry, which include the current regulations in place and clinical trials.

Before we can even have a sliver of hope that a hefty payout will change its ways, we have to tackle the pharmaceutical industry’s influence head-on to see any real impact on its actions. We can start by addressing these two areas of influence.

Drug companies have the ability to fund clinical trials.

Imagine you come out of surgery and are placed on a blood thinner to prevent any clotting from happening once you’re off the operating table. You’ve been told of the internal bleeding side effects, but there just so happens to be no known antidote on the market yet to serve as treatment if such complications arise.

This was the case for the anticoagulant Pradaxa. In 2010, the medication was met with FDA approval and put on the market without an antidote. But then severe internal bleeding incidents took place, and over 1,000 people died as a result of being prescribed the medication. Since then, manufacturer Boehringer Ingelheim has had a slew of Pradaxa lawsuits filed against it for its role in patient harm.

I bring up Pradaxa as an example because it points to issues with the clinical trial process that exist today. In a recent study conducted by Johns Hopkins University, clinical trial funding that has been traditionally provided by the National Institute of Health has fallen dramatically over the years. To supplement the lack of funding, pharmaceutical companies sponsor the trials. But, this presents the opportunity for companies with financial interest in the trial outcomes to favor positive results over any negative side effects that could occur.

In the case of Pradaxa, its industry-funded clinical trial RE-LY was met with criticism from drug safety groups for generalizing the medication’s potential population and failing to be carried out as a double-blind study. Skewed trial results led to hasty FDA approval and ultimately the creation of a $650 million settlement fund in 2014 that Boehringer Ingelheim used to settle over 4,000 claims.

Laws & regulations favor Big Pharma.

Despite legislators’ best attempts to protect consumers, certain laws & regulations currently in place often aid pharmaceutical companies’ business ventures, rather than prioritizing patient safety. One such law that has faced criticism in recent years is the 21st Century Cures Act, which loosened regulations on the drug and medical device approval process.

Although put in place to encourage innovation and quicken the ability for life-saving drugs to get to market, critics argue that the real winners of the bill were the drug companies. As part of the “loosening” of regulations, Big Pharma can now get away with using only “data summaries” instead of conducting full clinical trials to get drug approval. They’re also now able to promote off-label uses for their medications, enabling them to expand their markets – and their profits.

Ironically enough, drug companies aggressively promoted the off-label use of opioids and contributed to the rise in addictions across the country. Look no further than Insys Therapeutics’ push for non-cancer patients to take Subsys, a “powerful, fentanyl-based liquid” originally marketed for cancer patients with pain that couldn’t be treated with any other option.

As much as we’d like to pretend that lawsuits against Big Pharma can play a role in solving the opioid crisis, this isn’t the case. Drug companies’ influence stretches far and wide, and it may be time to strip that influence away little by little.

Let’s scrutinize the laws and regulations in place that give Big Pharma the upper hand. Let’s consider alternative funding sources for clinical trials that would allow little room for bias. But most importantly, let’s find a way to ensure that lawmakers, lobbyists, and other government officials are committed to doing what’s best for the American public rather than chasing that dollar sign.

(Morgan Statt is a Health & Safety Investigator for Consumersafety.org, a consumer information organization which strives to provide information about recalls and safety-related news about drugs, medical devices, food, and consumer products.)

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When Judge Robert James moved to senior status on the U.S. District Court for the Western District of Louisiana on May 31, 2016, State Judge Terry Doughty of the 5th Judicial District Court (Franklin, Richland and West Carroll parishes) made one call.

That call, to U.S. Rep. Ralph Abraham, a fellow member of the First Baptist Church of Rayville, to express his interest in a federal judgeship, proved productive, but not right away. He was interviewed by U.S. Sens. Bill Cassidy and David Vitter but his nomination was not taken up by the Obama Administration.

But following the elections of Vitter’s successor John Neely Kennedy to the Senate and Donald Trump to the presidency, things changed. Follow up interviews took place, this time with Cassidy and Kennedy, and upon the recommendation of Cassidy and Abraham, Doughty was interviewed by the White House in April 2017 and officially nominated on Aug. 3.

If one follows the connections between Doughty, Abraham, and former 5th JDC Judge James “Jimbo” Stephens (since elected to the Second Circuit Court of Appeal) back far enough, some old familiar names start to pop up.

Names like former State Legislator (both the House and Senate) and now Legislative Director for Gov. John Bel Edwards NOBLE ELLINGTON, Bobby Jindal and Vantage Health Plan.

(Major League Baseball, which once held franchise rights on recycling coaches and managers, has nothing on Louisiana politicians. Edwards, when in the legislature, was a thorn in the side of Jindal but when he became governor, he couldn’t resist reappointing many of Jindal’s foot soldiers—people like like Jimmy LeBlanc, Burl Cain, Mike Edmonson, Butch Browning and Ellington.)

Now Ellington’s son, Noble Ellington, III, whose own home health care BUSINESS failed, now works as Director of Shared Savings for Vantage Healthcare in Monroe. Could politics have played a part in his hiring? We will probably never know, but the pieces were certainly in place.

AFFINITY HEALTHCARE, an affiliate of Vantage Health Plan, Inc. and which shares the same address at 130 DeSiard Street in Monroe, purchased the medical practice of Abraham’s MEDICAL CLINIC, formerly of 261 Hwy. 132 in Mangham (now the address of Affinity Health Group).

So, what’s the big deal about Vantage Healthcare?

Nothing much except back in October 2014, LouisianaVoice did a fairly comprehensive STORY about how the Jindal administration and Sens. Mike Walsworth (R-West Monroe), Rick Gallot (D-Ruston), Neil Riser (R-Columbia), and Francis Thompson (D-Delhi) conspired to circumvent the state’s bid laws in order to allow Vantage to purchase a state office building in downtown Monroe on the cheap even though there was another serious buyer interested in the property.

That building, the old Virginia Hotel, constructed in 1935, is a six-story, 100,750-square-foot building that cost $1.6 million when built. It underwent extensive renovations in 1969 and again in 1984 and was being used as a state office building when it was sold to Vantage for $881,000, a little more than half its cost when it was built more than eight decades ago. One might have expected the building, if properly maintained, to appreciate in value over the years, not depreciate by 45 percent.

The state could afford to unload the building because it owns another six-story office building containing nearly 250,000-square-feet of floor space a couple of blocks away, at 122 St. John Street in Monroe, but that seems little justification for selling the Virginia at fire sale prices.

But even with 109,000 square-feet of vacant office space available in the building on St. John, where do you think Judge Stephens and fellow Appeal Court Judge Milton Moore chose to locate their offices?

In the Vantage Healthcare building, of course.

NELASOB REPORT

LouisianaVoice has made public records requests to determine the cost to the state of housing the judges in the Vantage building instead of the state-owned building with all that available space but those records have not been forthcoming yet.

Regardless, someone in Baton Rouge needs to explain why the state is paying rent to a private entity for office space in a building which that entity received at bargain basement prices—from the state—as some sort of underhanded political favor—orchestrated by the Jindal administration’s circumvention of the state bid laws, aided and abetted by four North Louisiana legislators.

But the minor issue of where his office is housed doesn’t seem to be the type of thing that would bother Stephens anyway. After all, there is a photo, apparently posted on his Facebook page that shows him holding up the antlers of a deer he shot—at night? One person commented, “Illegal to hunt at night, ain’t it?” to which Stephens replied, “It’s illegal to get caught.”

And when he was running for the appellate court in 2016, there were more than 160 people who signed onto a newspaper ad endorsing his candidacy. Among them was one Donna Remides.

(CLICK ON IMAGE TO ENLARGE)

In December 2013, a press release from the U.S. Attorney’s Office in New Orleans said Ms. Remides was sentenced to 40 months imprisonment for lying in order to secure loans to hide more than $600,000 in thefts from the federally-funded non-profit Northeast Delta Resource Conservation and Development Council (NDRC&DC).

She was employed as a project coordinator by the U.S. Department of Agriculture (USDA) through the Natural Resource Conservation Service (NRCS) to work for the council in Winnsboro. From January 2001 to December 2010, she used the NDRC&DC accounts to pay herself $640,000 without authorization. She wrote herself and her private business checks during the 10-year period and obtained loans in the name of the council to cover the thefts.

Granted, Stephens has no control over who purchases a newspaper advertisement to endorse his candidacy. But that, coupled with the controversy over his refusal to recuse his pal Doughty from a trial involving a LAWSUIT against a bank with some questionable links to Doughty, the flippant remark about illegal night hunting, the office space at Vantage, the same personalities tying both judges to Vantage, Abraham and Ellington…

But then again, maybe that’s what qualifies both judges for their positions in the political climate in which we currently find ourselves.

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When U.S. Sens. John Kennedy and Bill Cassidy went on record before the Senate Judiciary Committee as supporting the nomination of 5th Judicial District Court Judge Terry Doughty to the U.S. District Court for the Western District of Louisiana, they put themselves, by extension, squarely at odds with the doctrine of separation of church and state.

That doctrine, Alabama’s Judge Roy Moore notwithstanding, is a cornerstone of American democracy but one which Doughty, like Moore, has chosen to ignore when dealing with defendants who come before him in his drug court.

While many of the DECISIONS dealing with the separation of church and state handed down by the U.S. Supreme Court border on the ridiculous, there is one that stands out. In the 1971 decision in Lemon v. Kurtzman, the court established a three-part test for determining if an action of government violates the First Amendment’s separation of church and state provision:

  • The government action must have a secular purpose.
  • Its primary purpose must not be to inhibit or to advance religion.
  • There must be no excessive entanglement between government and religion.

It’s important to note that in his confirmation hearings, Doughty boasted of the work of his drug court and that if confirmed, he would be interested in developing a drug court PROGRAM at the federal level patterned on the one he established in the 5th JDC, which is comprised of the parishes of Franklin, Richland, and West Carroll.

So, what’s so wrong about the district’s drug court?

Only that Doughty mandates that defendants enter into either Alcoholics Anonymous or CELEBRATE RECOVERY, both of which are faith-based recovery programs.

In September 2007, the 9th U.S. Circuit Court of Appeals ruled that it was unconstitutional to order a parolee to attend AA or affiliated programs because requiring attendance at a religion-based treatment program violated the First Amendment.

In handing down its RULING, the court said what while it “in no way denigrate(s) the fine work of (AA and Narcotics Anonymous), attendance in their programs may not be coerced by the state.”

While LouisianaVoice takes no position as to the merits of AA or Celebrate Recovery, we do recognize that the Bill of Rights calls for the separation of church and state. By that, it simply means the State shall neither establish a specific religion nor prohibit the practice of such. And the only way to ensure that is for the government to take a hands-off approach to the observance of any religious practice, be it Christianity, Buddhism, Islam, Judaism, or any other belief.

Doughty doesn’t seem to get that and it is his close association with Celebrate Recovery that gives us pause.

In his questionnaire he completed for submission to the Senate Judiciary Committee, Doughty falls woefully short of any published writings, reports, or policy statements but does include numerous references to his affiliation with Celebrate Recovery. Those references include:

  • August 11, 2011: Guest Speaker, “Inventory, Lesson 10,” Richland Celebrate Recovery, Rayville, Louisiana.
  • January 11, 2012: Guest Speaker, Richland Celebrate Recovery Program, Palmetto Addiction Recovery Center, Rayville, Louisiana.
  • September 9, 2012: Speaker, Richland Celebrate Recovery Program, Delhi United Methodist Church, Delhi, Louisiana. “I discussed how the Richland Celebrate Recovery program works with the church.”
  • January 3, 2013: Presenter, “What to Do When You Get Out,” Celebrate Recovery Inside, Richland Parish Detention Center, Rayville, Louisiana.
  • January 27, 2014: Speaker, “Starting a Celebrate Recovery Program,” Richland Celebrate Recovery, Olanchito, Honduras.
  • February 14, 2014: Guest Speaker, Celebrate Recovery Graduation, Richland Parish Detention Center, Rayville.
  • June 10, 2014: Guest Speaker, Celebrate Recovery Graduation, Richland Parish Detention Center, Rayville.
  • August 5, 2014: Presenter, “Starting a Celebrate Recovery Program,” Richland Celebrate Recovery, Olanchito, Honduras.
  • September 17, 2015: Speaker, Welcome Address, Richland Celebrate Recovery, Rayville.
  • December 3, 2015: Speaker, “Lesson 10—Spiritual Inventory Part I,” Richland Celebrate Recovery, Rayville.
  • June 27, 2016: Presenter, “Maintaining a Celebrate Recovery Program,” Honduras Celebrate Recovery, Olanchito, Honduras.
  • July 28, 2016: Speaker, “Spiritual Inventory Part I,” Richland Celebrate Recovery, Rayville.
  • August 14, 2016, Presenter, Report on Celebrate Recovery Honduras Mission Trip, Richland Celebrate Recovery, Rayville.
  • August 28, 2016: Presenter, Report on Celebrate Recovery Honduras Mission, Richland Celebrate Recovery, Rayville.
  • March 16, 2017: Speaker, “Lesson 10—Spiritual Inventory Part I,” Richland Celebrate Recovery, Rayville, Louisiana. I discussed the benefits of making a spiritual inventory.

So, exactly what is Doughty’s affiliation with Celebrate Recovery? Why Honduras? And who paid for his trips to that country? Why is there nothing in his questionnaire responses to indicate that he ever spoke at an AA event? There are, after all, AA MEETINGS in all three parishes in the 5th JDC.

There was no immediate information available as to who paid for his three trips to Honduras in 2014 and 2016 to speak on behalf of Celebrate Recovery but if Celebrate Recovery paid for his trip and/or his lodging and meals, it could present a potential ETHICS violation for Doughty.

Under General Prohibitions as set out in Louisiana R.S. 42:1111-1121, the Code of Governmental Ethics prohibits the “receipt of a thing of economic value by a public servant for services rendered to or for the following:

  • Persons who have or are seeking to obtain a contractual or other business or financial relationship with the public servant’s agency;
  • Persons who are regulated by the public employee’s agency;
  • Persons who have substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee’s official duties.

Celebrate Recovery would obviously have a “substantial economic interest” in the performance of Doughty’s official duties as a judge mandating that defendants in his court enter into programs offered by Celebrate Recovery.

U.S. Rep. Ralph Abraham may have been a bit premature in pushing for Doughty’s nomination and Sens. Cassidy and Kennedy might have been wise to vet the judge a little better before testifying on his behalf before the Judiciary Committee. Kennedy was dogged in his questioning of Matthew Spencer Peterson, whose nomination was subsequently withdrawn. Peterson, of course, is not from Louisiana, so Kennedy could afford to pepper Peterson with embarrassing questions without any risks to his political future.

But Kennedy might have served his Louisiana constituents better if he had been a little more thorough in his examination of Doughty’s qualifications.

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