Braud v. Painter

• Decision Date: 01 February 1990
• Docket Number: Civ. A. No. 86-590-A.
• Citation: 730 F. Supp. 1
• Parties: John Hubert BRAUD v. Charles PAINTER, et al.
• Court: U.S. District Court — Middle District of Louisiana

730 F. Supp. 1

John Hubert BRAUD v. Charles PAINTER, et al.

Civ. A. No. 86-590-A.

United States District Court, M.D. Louisiana.

February 1, 1990.

COPYRIGHT MATERIAL OMITTED

Keith B. Nordyke, Nordyke & Denlinger, Baton Rouge, La., for plaintiff.

Bradley C. Myers and Pamela Crawford Keller, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, La., for Charles A. Painter, Sam Pasqua, Barney Arceneaux and The City of Gonzales.

Arthur R. Cooper, Bell, Faller, West & Cooper, Baton Rouge, La., for Commercial

Union Ins. Co., Glen Paul Gonzales, Bill Wade and Glynn Paul LeBlanc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOHN V. PARKER, Chief Judge.

Plaintiff, John Hubert Braud, brought this action pursuant to 42 U.S.C. § 1983, alleging deprivation of constitutionally protected rights by officials acting under color of state law. Pendent state law claims are also alleged. Named as defendants are the City of Gonzales, Police Chief Barney Arceneaux, and Officers Charles Painter, Sam Pasqua, Bill Wade, Glen Gonzales and Glynn LeBlanc of the Gonzales Police Department.

Like many south Louisiana towns and cities, the City of Gonzales, population 7500, annually stages an event¹, the Jambalaya Festival, where the town is billed as the Jambalaya Capital of the World.² While the Jambalaya Festival does not rival the New Orleans Mardi Gras in size or scope, the three day affair annually attracts thousands of visitors. Food and drink are sold and consumed, there is dancing in the streets and the World's Champion Jambalaya Cook is crowned.

This action involves the tragic aftermath of the 1986 festival.

Upon the conclusion of the trial, certain preliminary oral findings were stated by the court. Some of the findings made at that time are modified by these findings and all of the original oral findings are subordinate to these findings and conclusions, which are intended to be conclusive of all issues.

FINDINGS OF FACT

A. GENERAL

(1) On Sunday, June 15, 1986, John Hubert Braud, a lifelong resident, who has owned and operated a local grocery store for many years, was attending the Jambalaya Festival in Gonzales, Louisiana, in the company of friends and family.

(2) In order to accommodate the crowd, Burnside Street is blocked off, and booths are constructed in the area on both sides of the street.

(3) Although it is not clear who rented and drove it, Mr. Braud, his family and several other families used as their base of operations a motor home which was parked in a parking lot near Burnside Street.

(4) Chairs were set up along the street and people came and went during the three day celebration.

(5) Alcoholic beverages were consumed by most of the Braud party throughout the course of the day.

(6) The Braud party included Mr. Braud, his fiancee', Lenai Travis, his daughter, Rhonda Veazey, and others.

(7) The Festival officially ends at 10:00 p.m. on Sunday, the third day. At approximately 10:15 p.m. on June 15, 1986, Ascension Parish Sheriff's deputies on horseback, and Gonzales city police officers on foot, proceeded down Burnside Street to let the crowd know that the Festival was over, and that it was time to clear the street.

B. AS TO THE DEFENDANT PASQUA

(8) There were still many people in the area. As the officers approached the area where the Braud party was located, Sergeant Sam Pasqua of the Gonzales Police Department approached Rhonda Veazey, tapped her on the shoulder and told her that it was time to go home.

(9) Pasqua claims that Veazey was making obscene gestures and yelling at the mounted deputies. She denies any such gesture but admits that she yelled that the horses were too close to the children. The court accepts her testimony.

(10) As Sergeant Pasqua attempted to prod Ms. Veazey to leave the area by tapping her on the shoulder, Ms. Veazey responded by tapping Pasqua on the shoulder and saying, "I'm going, I'm going." At that time, Sergeant Pasqua seized Veazey by the arm and informed her that she was under arrest. Sergeant Pasqua then began dragging Veazey across the street, in the direction of a police vehicle.

(11) As the two began to cross the street, the plaintiff, Mr. Braud, who was nearby, seized Ms. Veazey's other arm, asking, "What are you doing with my daughter?" or words to that effect. Apparently, some words were exchanged between the two men, and a small tug of war ensued.

C. AS TO THE DEFENDANT PAINTER

(12) In the course of the tug of war over Ms. Veazey, Officer Charles Painter noticed the fracas, approached the area and seized Mr. Braud's free arm with both hands. Painter had known the plaintiff for many years and knew that he was the proprietor of a local grocery store.

(13) Officer Painter yelled, "Mr. Hubert, you're under arrest," and the two men exchanged words. Braud was unarmed and Painter was aware of that. The evidence concerning what took place next is conflicting, but it is clear that the plaintiff attempted to pull away from Painter's grasp and in the course of that struggle, Painter was struck in the face. The blow was not hard and caused only a slight cut for which no medical treatment was required. Painter retaliated by hitting Mr. Braud in the face with his right fist. Braud fell straight back from the impact of the blow, was immediately rendered unconscious and made no attempt to break his fall. Plaintiff's head struck the pavement.

(14) Painter was much younger and much larger and stronger than Mr. Braud. Plaintiff was struggling to escape from the officer's grasp and did not physically attack the officer. Officer Painter had been an amateur boxer, was physically active and obviously still recalled how to throw a punch. Plaintiff was a sedentary, older storekeeper.

(15) Ms. Veazey testified that Pasqua, after her father's injury, took her to the police station where she was charged with resisting arrest, simple battery and disturbing the peace. She apparently pled guilty and paid a fine.

D. AS TO OFFICER GONZALES

(16) As soon as the remainder of the crowd saw what had happened to Mr. Braud, the crowd became vocal. Officer Painter, an acting sergeant, called upon Officer Glen Gonzales, who had stopped his vehicle and was standing close by. Painter instructed Gonzales to assist him in removing Braud from the area. Braud was unconscious, and the officers placed their hands under his armpits and dragged him across the curb and across the concrete street, without attempting to lift his knees off the pavement. As a result, plaintiff's knees were scraped and he has permanent scars of both knees, but no other disability caused by the dragging.

E. AS TO THE UNKNOWN DOOR SLAMMER

(17) Officers Painter and Gonzales left Mr. Braud unattended and helpless on the ground near a police car. Subsequently, several unidentified police officers at the scene placed him into the back seat of the police car. Without checking to insure that the plaintiff was completely in the car, one of the officers slammed the door on plaintiff's right ankle causing the ankle to be fractured. The evidence is unclear as to which officer slammed the door and none has been willing either to accept responsibility or to identify the unknown door slammer. Mr. Braud was then transported to the police station in a vehicle operated by Officer Gonzales, where he was examined by Glynn LeBlanc, a certified medical technician.

F. SUBSEQUENT EVENTS

(18) The plaintiff's son, Mark, followed the police car to the police station, where he answered questions on behalf of his father because his father was unable to respond. Plaintiff's son testified that he was in the police station answering questions for ten to twenty minutes. He further testified that the plaintiff was completely confused and not fully conscious. Following examination by Officer LeBlanc, Mr. Braud was transported to East Ascension Hospital in Gonzales. The plaintiff required assistance to walk to the police car to be transported to the hospital. Upon arrival at the Ascension Hospital, medical personnel determined that the plaintiff had a skull fracture and arranged for him to be transported by ambulance to Our Lady of the Lake Hospital in Baton Rouge.

(19) Plaintiff claims that Officer Painter used excessive force under the circumstances, and that as a result, plaintiff has sustained serious injuries. Plaintiff also claims that the officers were negligent in dragging him across the pavement and in allowing the car door to be slammed on his ankle.

(20) As a result of the blow to the head and subsequent contact with the pavement, Mr. Braud suffered a fractured skull and brain damage to the frontal lobes of the brain. Mr. Braud is still undergoing therapy for treatment of the frontal lobe condition. As a further consequence of the blow, Mr. Braud sustained damage to the olfactory nerve and has suffered a loss of the sense of smell. Mr. Braud's knees are permanently scarred as a result of being dragged across the pavement, and the fractured ankle required surgery to set the bone with a metal plate and screws. The fractured ankle also required Mr. Braud to be on crutches for several months.

G. FACTS AS TO THE REMAINING DEFENDANTS

(21) There is no evidence which would indicate that Chief of Police Barney Arceneaux was personally involved in the incident with Mr. Braud or that he was even aware of it until it was all over. Chief Arceneaux required that every police officer, including the defendants in this action, successfully complete the basic law enforcement training course required by state law.³ Plaintiff's expert witness offered the opinion that there are deficiencies in the training and operating procedures of the police department, particularly in record keeping. There is no factual evidence, however, that Mr. Braud's injuries were caused by inadequate training, or supervision or training of any of the officers involved in this case. Neither is there sufficient evidence to support plaintiff's claim that Chief Arceneaux...