Lightell v. Walker

• Decision Date: 18 March 2021
• Docket Number: CIVIL ACTION NO. 20-672
• Citation: 527 F.Supp.3d 866
• Parties: Ronald LIGHTELL v. Tim WALKER, et al.
• Court: U.S. District Court — Eastern District of Louisiana

527 F.Supp.3d 866

Ronald LIGHTELL

v.Tim WALKER, et al.

CIVIL ACTION NO. 20-672

United States District Court, E.D. Louisiana.

Signed March 18, 2021

Filed March 19, 2021

Stephen J. Haedicke, Law Office of Stephen J. Haedicke, LLC, Adam Whitley-Sebti, Whitley-Sebti Law Group LLC, New Orleans, LA, for Ronald Lightell.

Deborah A. Villio, Michael L. Fantaci, LeBlanc Fantaci Villio, LLC, Metairie, LA, for Tim Walker, Keith Moody, Manuel Adams, Thomas Bronk, Harahan City.

SECTION: "B"(1)

ORDER & REASONS

Ivan L.R. Lemelle, SENIOR UNITED STATES DISTRICT JUDGE Before the court are defendants’ Rule 12(b)(6) motion to dismiss (Rec. Doc. 14) and plaintiff's opposition (Rec. Doc. 17). For the reasons discussed below,

IT IS ORDERED that defendants’ motion to dismiss (Rec. Doc. 14) is GRANTED IN PART dismissing official capacity claims against Chief Tim Walker; First Amendment petition claim against all defendants; procedural due process claim against Assistant Chief Keith Moody, Captain Manuel Adams, and Lieutenant Thomas Bronk; state due process claim against all defendants; and defamation claim against all defendants; and

IT IS FURTHER ORDERED that the motion to dismiss is DENIED IN PART , retaining claims against Walker, Moody, Adams and Bronk in their individual capacities; First Amendment retaliation claim against all defendants; Monell claim against the City of Harahan; federal and state constructive discharge claims against all defendants; procedural due process claim against the City of Harahan; substantive due process claim against all defendants; state whistleblower claim against all defendants; and respondeat superior claim under state law against the City of Harahan.¹

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Plaintiff Ronald Lightell ("Lightell"), a former police officer with the Harahan Police Department, initiated this action on February 26, 2020, alleging various civil rights claims under 42 U.S.C. § 1983 and various other federal and state laws. Rec. Doc. 1. After defendants filed its first motion to dismiss on April 24, 2020, Rec. Doc. 5, plaintiff filed an amended complaint on May 27, 2020 to "clarify" and add "factual details regarding some claims". Rec. Docs. 7, 11. The subject motion to dismiss the amended complaint was filed on July 1, 2020. Rec. Doc. 14.

On March 23, 2009, Lightell began employment with the City of Harahan as a commissioned police officer. Rec. Doc. 11 at 3. In 2013, Lightell received a promotion to Sergeant at the Harahan Police Department ("HPD") making him responsible for officers under his command. Id. at 4. Lightell was subsequently re-promoted to sergeant in August 2018 after having stepped down from his previous duties to care for a family member. Id. Per Lightell, prior to March 2019, other than a reprimand in 2009, Lightell never received a disciplinary action regarding his conduct as a Harahan Police Officer. Id.

According to Lightell, after Tim Walker ("Chief Walker") was elected as Harahan Chief of Police in May 2014, Lightell began hearing rumors of potential misconduct in Chief Walker's administration, including the mishandling of evidence, falsification of reports, favoritism, protecting certain officers from disciplinary actions, and the administration implantation of a quota system. Id.

According to Lightell, in October 2018, Lightell wrote up Officer Troy Gremillion ("Gremillion"), an officer under his command. Id. at 5. However, Lightell alleges that he was told by his superior, Lieutenant Thomas Bronk ("Lt. Bronk") that this infraction did not have to be reported to Chief Walker or placed in Gremillion's personal file. Id.

On January 26, 2019, Lightell and Gremillion were involved in a vehicular pursuit of a suspect. Id. at 6. According to Lightell, during the pursuit, over the HPD radio, Gremillion shouted "shots fired" and reported that the suspect was shooting at the officers. Id. Lightell alleges that after the chase ended with the apprehension of the suspect, Gremillion reported to Lightell that he saw a gun and muzzle flashes during the pursuit. Id. Lightell alleges that when he later spoke with Gremillion, to get more details to complete his report, Gremillion denied making the original statements and claimed to have never seen a gun or muzzle flashes. Id. Lightell claims he informed Lt. Bronk of the situation and requested guidance from Bronk on how to handle the writing of the report. Id. Lightell alleges that Bronk told him to "work it out" with Gremillion, and failed to investigate Lightell's complaint, offer advice, or report the complaint through his chain of command. Id. at 7. Lightell wrote the report based on Gremillion's remarks at the scene without including Gremillion's later retraction of his statements. Id.

Later, Lightell contacted the Assistant District Attorney ("ADA") who has handling the case about the vehicle pursuit and advised the ADA of Gremillion's inconsistencies. Id. On February 22, 2019, Lightell formally requested an investigation into Gremillion's conduct regarding the "shots fired" incident. Id. According to Lightell, after Bronk received plaintiff's request and learned that Lightell made disclosures to the ADA, Bronk wrote a "Critical Incident Form" that accused Lightell of violating departmental policies and requested further investigation of the matter. Id. Lightell alleges that the investigation into his actions was part of an effort to retaliate against him and shield Gremillion and that the effort was approved by Lt. Bronk, Captain Adams and Chief Walker. Id.

According to Lightell, on February 19, 2019, a Harahan resident made a complaint against an HPD officer to the HPD front desk. Id. at 8. Lightell alleges that as the on-duty sergeant at the time the complaint was received, Lightell started to investigate the incident but learned the complainant was fearful of making the complaint against the officer at the police station. Id. Lightell followed up with the complainant at her residence. Id. On February 24, 2019, Lightell sent an email to his superiors detailing the facts of his investigation of the potential complaint and withdrawing himself from further involvement with the investigation, citing the seriousness of the allegations. Id. Per Lightell, on or about February 25, 2019, members of the administration, including defendants, learned of the complaint and that Gremillion was in fact the officer against whom the complaint had been made. Id.

On February 27, 2019, Lightell received notice that Chief Walker had approved an investigation against the former concerning the report submitted about the January 26, 2019 vehicular pursuit. Id. Lightell was given a Notice of Investigation and a copy of the Police Officer's Bill of Rights. Id.

On March 14, 2019, Lightell was the only officer at a scene inside a house with multiple suspects when one of the suspects tried to flee and started to fight with Lightell. Id. at 9. Lightell alleges he made multiple requests for immediate backup but was ignored by HPD officers, specifically Lt. Bronk and Gremillion. Id. Lightell alleges that officers from another agency eventually appeared at the scene to support Lightell. Id. According to Lightell, at the time of the incident, Lightell's designated back-up units were Gremillion and Lt. Bronk. Id. Lightell reported the alleged failure to provide him back up to Chief Walker and to Keith Moody ("Assistant Chief Moody"), but no action was taken by the administration. Id.

On March 18, 2019, Chief Walker and Assistant Chief Moody called Lightell into Walker's office. Id. Aware of the investigation against him, Lightell asserts he requested to have an attorney present before speaking to Walker, which was subsequently denied by Moody. Id. During this meeting, Lightell alleges to have reported multiple instances of misconduct and violations of law within the administration, including evidence and departmental property going missing, falsified police reports, the existence of a quota system for tickets, and the protection and favoritism shown to certain officers within the department, including Gremillion. Id. at 9-10. Lightell alleges telling Chief Walker that forcing officers to write tickets or make arrests is against the law and that he would not participate in such a scheme. Id. at 10. Lightell alleges that Chief Walker told him he did not need him working as a sergeant if he could not make his officers write tickets. Id. At the conclusion of the meeting, Lightell was informed that he was being placed on administrative leave and was required to see a psychiatrist for an evaluation to "protect the integrity" of the on-going Investigation. Id.

On or about March 20, 2019, Lightell informed a special agent with the New Orleans office of the Federal Bureau of Investigation of the implementation and administration of the quota system, the mishandling of evidence, falsified reports, and other alleged abuses of the HPD and administration. Id. Lightell also reported alleged complaints of corruption, civil rights violations, criminal acts, and other violations to the Louisiana State Attorney General's Office. Id.

On April 25, 2019, Chief Walker advised Lightell that he was terminated from his position as a police officer, effective that date for submitting a false police report and attempting to persuade a member of the public to file a complaint against Gremillion. Id. On or about April 25, 2019, Chief Walker advised the Jefferson Parish District Attorney that Lightell had been found to be untruthful as part of Lt. Bronk's investigation. Id. at 11.

Lightell appealed his termination to the Harahan Civil Service Board. Id. A public hearing was held in late June 2019, in which Lightell characterized his termination as "unfair and unjust, and the result of misconduct, double standards, and favoritism that existed at the HPD under Walker's administration." Id. at 11-12. Lightell alleges the hearing attracted widespread attention that caused moving it to a larger...