Lockett v. New Orleans City

• Decision Date: 26 June 2009
• Docket Number: Civil Action No. 08-4712.
• Citation: 639 F.Supp.2d 710
• Parties: Shawn M. LOCKETT et al v. NEW ORLEANS CITY et al.
• Court: U.S. District Court — Eastern District of Louisiana

639 F.Supp.2d 710

Shawn M. LOCKETT et al v. NEW ORLEANS CITY et al.

Civil Action No. 08-4712.

United States District Court, E.D. Louisiana.

June 26, 2009.

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Michael Richard Allweiss, Lowe, Stein, Hoffman, Allweiss & Hauver, LLP, New Orleans, LA, for Shawn M. Lockett et al.

James Bryan Mullaly, Franz L. Zibilich, Isaka R. Williams, Nolan Patrick Lambert, Penya M. Moses-Fields, City Attorney's Office, New Orleans, LA, John B. Dunlap, III, Henry D.H. Olinde, Jr., Jennifer A. Fiore, Stephen Craig Carleton, Carleton, Dunlap, Olinde, Moore & Bohman, LLC, Baton Rouge, LA, for New Orleans City et al.

ORDER AND REASONS

CARL J. BARBIER, District Judge.

Before the Court are the Motion to Dismiss Pursuant to FRCP 12(b)(1) (Rec. Doc. 47) filed by Piyush "Bobby" Jindal in his official capacity as Governor of Louisiana; Christopher Ahner, in his official capacity as Specialist in the Louisiana Air National Guard; Brandt Arceneaux, in his official capacity as Sergeant in the Louisiana Air National Guard; Jonathan Bieber, in his official capacity as Master Sergeant in the Louisiana Air National Guard; and Joseph Thomas, in his official capacity as a Southern University of New Orleans ("SUNO") campus police officer (collectively, "the State Defendants"). The National Guardsmen defendants will be referred to collectively as "the MP Defendants." Also before the Court is the Motion for Summary Judgment (Rec. Doc. 48) filed by the State Defendants. These motions seek dismissal of Plaintiffs' claims under 42 U.S.C. §§ 1981, 1983, 1985, and 1986, and various state causes of action arising from Shawn M. Lockett's arrest on July 1, 2008.

PROCEDURAL HISTORY AND BACKGROUND FACTS

On July 1, 2008, Lockett was driving from his home in New Orleans East to a class at SUNO scheduled for 9:10 a.m. Bieber and Arceneaux were conducting a patrol near SUNO as members of the National Guard Task Force ("NGTF" or "Task Force Gator") assisting the New Orleans Police Department ("NOPD") with post-Katrina law enforcement in the city under order of Governor Jindal. From here, the parties' descriptions of the events preceding Lockett's arrest become diametrically opposed.

Shortly after 9:00 a.m., Bieber and Arceneaux saw Lockett traveling west on Hayne Boulevard at a speed faster than the flow of traffic.¹ Bieber and Arceneaux then began to follow Lockett, and allegedly witnessed him disregard a red traffic light at the intersection of Hayne and Downman Road, as well as a stop sign at the intersection of Downman and Leon C. Simon. Additionally, Arceneaux estimated Lockett's speed in excess of 45 miles per hour.

Contrary to Arceneaux and Bieber's assertions, Lockett claims that he stopped at the red light on Hayne and Downman, then executed a right turn onto Downman after checking for traffic. Afterwards, Lockett alleges that he came to a complete stop at the stop sign on Downman and Leon C. Simon, yielded to a truck that had reached the intersection before him, then proceeded left on Leon C. Simon and over the Seabrook Bridge. Once on the bridge, Lockett noticed lights on a law enforcement vehicle and, once he realized he was being pulled over, he turned onto SUNO's North Campus into the driveway shared by SUNO and the FBI Academy. According to the NOPD incident recall report, Bieber and Arceneaux radioed the traffic stop in to dispatch at 9:13:32 a.m. Thus, according to the State defendants, at the time of the traffic stop, Lockett was already late for class, which corroborates the allegations by Bieber and Arceneaux that he was speeding.

Lockett alleges, with the support of Bieber and Arceneaux's deposition testimony, that the initial intention during the traffic stop was to issue a warning to Lockett for his alleged traffic violations. See Bieber's Deposition Testimony, Rec. Doc. 51-3, Exhibit C, p. 67; Arceneaux's deposition testimony, Rec. Doc. 51-4, Exhibit D, pp. 123-24. In fact, Lockett notes Arceneaux's testimony that Lockett's alleged violations may have amounted to careless driving, not reckless driving. Rec. Doc. 51-4 at p. 103.

Regardless, Bieber approached Lockett's vehicle and began to talk with Lockett. Lockett alleges that Bieber approached in an aggressive manner and asked him whether he knew how fast he had been driving. Lockett responded that he did not, but that he had been going with the flow of traffic. Bieber then allegedly asked Lockett in "a very agitated tone" where he was going, to which Lockett responded that he was going to class. Bieber then gestured toward the FBI building and asked Lockett how he would like it if he (Bieber) went in to talk to his instructor, apparently assuming that Lockett was a student at the FBI Academy. Lockett answered that he was going to class at SUNO, and Bieber responded "in a hostile and derogatory manner" that Lockett "need[ed] to go to SUNO." Rec. Doc. 51 at p. 5 (emphasis in original). Lockett, believing that this statement was "racially charged,"² asked Bieber what he meant by that statement, to which Bieber responded by ordering Lockett out of his vehicle and asking him to provide his license, registration, and proof of insurance. Bieber also frisked Lockett at this point.³ For his part, Bieber contends that after he made the allegedly "racially charged" statement to Lockett, which elicited Lockett's question regarding the statement's meaning, Bieber stepped away from the vehicle and called his supervisor Ahner.

Bieber denies that he made this statement as Lockett alleges, and further denies that his statement had any racial implication whatsoever. Specifically, Bieber explained his statement as follows:

Q. What were the exact words?

A. That if he had left his house sooner, he would be at SUNO already for his chemistry lab. That way he wouldn't have been speeding through the district, and saying that you need to be at SUNO meant if he had left his house sooner, then he would have already been at SUNO and we wouldn't be in the present situation that we were in.

Q. Did you give him the full sentence that "if you left your house sooner and done this and did all these other things, you would be there already" or you just simply said "you need to be at SUNO?"

A. Yes, sir. I gave him the full statement. The only thing that he's saying is just that I said "you need to be at SUNO" but I think that was omitted [sic] everything what [sic] I had said.

Rec. Doc. 51-3, p. 14.⁴

In the meantime, Arceneaux approached Lockett's vehicle to ask for his license, registration, and proof of insurance. As it turned out, Lockett's proof of insurance card was expired. Lockett explained that he did in fact have car insurance, but had simply forgotten to put his new proof of insurance card in his vehicle. Lockett also called his insurer as a means of proving that he had insurance.⁵ After this, Lockett dialed 911 on his cell phone to request the presence of NOPD officers due to the alleged harassment and racial comments by Bieber.⁶ During this call, Arceneaux approached and continued to ask Lockett for proof of insurance, and Lockett told Arceneaux he did not have it but that he (Arceneaux) could call the insurer. After the 911 call, Lockett called his wife Melanie Lockett, who is also a plaintiff in this case, to request her presence due to the escalating situation.⁷ After these calls, Arceneaux performed a second search/frisk of Lockett, and directed Lockett to return to his vehicle.

At this point, as a result of Lockett's involvement of the NOPD, Arceneaux and Bieber radioed for their supervisor, Ahner. Ahner asked if Bieber's safety was in any danger, and Bieber responded that he was fine and had the situation under control. However, Bieber again requested Ahner's presence at the scene. In turn, Ahner requested the presence of Lieutenant Lynn Fletcher, an NOPD supervisor.

In response to Lockett's and Ahner's calls, NOPD dispatched Lieutenant Fletcher, and Officers Tocka Clark and Reginald Gains to the scene. In the interim, Thomas had arrived at the scene in the course of his patrol as a SUNO police officer. Lockett informed him of the situation, and indicated that he was being treated in a hostile and racist manner, and had been detained for an unknown reason. Arceneaux then informed Thomas that Lockett had been stopped for speeding and running a red light and stop sign. Thomas remained on the scene to direct passing traffic around the stopped vehicles.

Soon thereafter, Ahner arrived on the scene and was advised by Arceneaux that Lockett had been speeding, had run a red light and stop sign, and had been uncooperative regarding the proof of insurance. Ahner then asked Lockett to step out of his vehicle, frisked Lockett a third time, and handcuffed him. At this point, Lockett was read his Miranda rights and placed in the military police vehicle. Mrs. Lockett arrived as her husband was being put into the military police vehicle, and introduced herself as his wife and attorney. However, she claims that she was not allowed to speak with her husband.

Lockett alleges that he asked if he was under arrest as he was being put into the vehicle, and that Ahner responded that he was not, but asked if he wanted to be. While in the car, Lockett alleges that he was questioned by Ahner and Fletcher, who both informed him that they were trying to determine whether to arrest him or give him a ticket. Fletcher told Lockett that Bieber and Arceneaux claimed he had been driving over 100 miles per hour, which Lockett denied by noting that his vehicle has an electronic mechanism that prevents driving at such speeds. Ahner and Fletcher then told Mrs. Lockett that her husband had been driving at 90 miles per hour.⁸ At some point, Lockett was allowed to get out of the car to stretch, had his handcuffs readjusted, and was remirandized. Throughout this process, Lockett alleges that Ahner continuously insisted that he was in charge....