St. Romain v. Governor's Office of Homeland Sec. & Emergency Preparedness
| Decision Date | 22 July 2016 |
| Docket Number | CIVIL ACTION NO. 14-660-SDD-RLB |
| Parties | JOSEPH ST. ROMAIN, JR. v. GOVERNOR'S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS, ET AL. |
| Court | U.S. District Court — Middle District of Louisiana |
This matter is before the Court on the Motion for Partial Summary Judgment1 by Defendant Jason Ard, in his official capacity as Sheriff of Livingston Parish ("Defendant" or "Sheriff Ard"). Plaintiff, Joseph St. Romain, Jr. ("Plaintiff") has filed an Opposition2 to this motion, to which Defendant filed a Reply.3 For the reasons which follow, the Court finds that the Defendant's motion should be granted.
The facts which form the basis of this case are rooted in a contentious marriage and divorce between Plaintiff and Stephanie Morgan ("Morgan"). In 2010, Morgan filed Protective Orders against Plaintiff. After filing for divorce in October of 2013, Plaintiff and Morgan were ultimately divorced.
On or about July 24, 2013, the 21st Judicial District Court of Livingston Parish issued a Temporary Restraining Order4 which was set for hearing on August 8, 2013.Plaintiff contends this was the only protective order he was ever served with although a second order was later filed with the court. The July 24 Order prohibited Plaintiff from, in particular, going within 100 feet of Morgan without the express written permission of the court and going within 100 yards of Morgan's residence.5 The Order did allow Plaintiff to return to the residence, accompanied by a law enforcement officer, at a future date and time agreed upon by the parties in order to recover his personal clothing and necessities.6
Plaintiff claims he never went within 100 yards of Morgan's residence during the time frame set forth in the July 24 Order. Plaintiff further claims he was never served with the Order of August 20, 2013 that expired on February 8, 2014.7 The August 20 Order prohibited Plaintiff from driving into Morgan's subdivision.8
On July 30, 2013, Livingston Parish Sheriff's Office ("LPSO") Deputy Cory Winburn9 responded to a complaint by Morgan that Plaintiff had violated a protective order. Specifically, Morgan claimed that she had seen Plaintiff outside her window.10 However, Winburn testified that, when he responded to this complaint, he did not see Plaintiff or his vehicle in the area.11 At the time of this call, Winburn also testified that dispatch advised that they had no knowledge of any protective orders in place at the time of this complaint.12 Winburn testified that no photographs or evidence were taken that day, and Morgan did not file charges against Plaintiff for this alleged incident.13
Deputy Winburn was again dispatched to Morgan's residence on September 9, 2013. Once again, dispatch could not confirm that Plaintiff had been served with any protective orders on this date.14 Winburn admitted that he told Plaintiff over the phone that he was "going to jail."15 Winburn testified that he advised Plaintiff that he was going to jail for violating Louisiana law, specifically the offenses listed in the report: stalking, cyber stalking, and improper telephone communication.16
Plaintiff contends that, from August 2013 through December 2013, LPSO deputies intimidated and harassed Plaintiff on many occasions. Plaintiff claims he was arrested by Deputy Adam Holden for allegedly violating a protective order.17 Plaintiff alleges that Holden told him: "I'm going to get you," and 18 Plaintiff contends he was taken to the Livingston Parish Detention Center and released the following day.19
Defendant Jim Brown, Uniform Operations Major for the LPSO, testified that he overheard general conversations regarding Plaintiff's alleged violation of a protective order, but could not recall specific discussions about the exact provisions of the protective order. Specifically, Brown stated that he was "made privy to an ongoing issue between Mr. St. Romain and his wife in the subdivision,"20 and that he heard discussions withsubordinates "discussing his repetitive violating of the protective order."21 However, Plaintiff claims Brown had not reviewed any protective orders prior to the date of Plaintiff's arrest on October 3, 2013.
Plaintiff claims that Brown was working an extra duty for South Point Subdivision Homeowners Association on October 3, 2013. Brown acknowledged that he was in his LPSO uniform and using his LPSO unit on that night, in addition to using his LPSO issued laptop, cell phone, and weapon.22 Plaintiff contends that, as he was driving home on this night from Maurepas, Louisiana, he felt unsafe because he was being tailed by an unmarked unit with bright lights.23 Plaintiff claims that, rather than leading the tailing car to his residence, he chose to head towards Denham Springs and ultimately turned into South Point Subdivision, where Morgan resides, because he was unfamiliar with Denham Springs. However, Plaintiff claims that he never turned onto Morgan's street.24
Plaintiff admits in his Complaint that he ran three stop signs in an attempt to flee.25 However, Plaintiff testified that, after he stopped at a stop sign, Brown's unit (which was following him) "charged towards Mr. St. Romain's truck."26 Plaintiff pulled over and exited as Brown initiated his blue overhead lights. Plaintiff alleges that Brown stated to him: "I got you, you're going to jail,"27 and "I knew it was your f*cking ass" when Plaintiff presented Brown his driver's license.28 Plaintiff contends, and Brown's testimonyconfirms, that Plaintiff never resisted and was compliant throughout this arrest.29 Plaintiff claims he told Brown that he had an upset stomach to which Brown responded by grabbing and twisting Plaintiff's arm and placing him in handcuffs.30 Plaintiff claims that after he was handcuffed, Brown turned him around and punched him in the gut, causing Plaintiff to defecate in his clothing.31 Plaintiff contends Brown shoved him into the backseat of his unit while laughing at him.32 Plaintiff further contends that, at this point, he had still not been told why he was being arrested.33
Plaintiff cites the protective order record which stated: 34 Despite this mandate, Brown admitted that he did not contact any agency,35 that the protective order did not prohibit Plaintiff from entering South Point Subdivision,36 that he could not recall if he contacted dispatch that night,37 and that he was unaware whether Plaintiff had been served with the protective order.38
Plaintiff claims that, after he was placed in the unit, Brown searched his truck without consent or a warrant, found a protective order after rifling through paperwork in the truck, and proclaimed, "we got his f*cking ass."39 Although Brown claims he saw the protective order in plain view through the truck windows, Plaintiff argues that his truck hasdark tinted windows, and the papers were inside manila folders outside of plain sight.40
While being transported, Plaintiff contends that he was repeatedly threatened and told that if he spoke, he would receive additional charges.41 Upon arriving at the detention center, Plaintiff claims he requested a shower considering that he was soiled but was refused.42 Plaintiff was ultimately charged with violating the protective order and running multiple stop signs, although the stop sign charges were later dismissed.43 Plaintiff also claims that Deputy Justin DePhillips, who signed the October 3 arrest warrant, admitted he was not sworn before signing, nor did he sign before a notary.44
Plaintiff claims that he was arrested for a third time by LPSO deputies when he drove to Morgan's house after Morgan's sister allegedly texted Plaintiff that she was "getting his things."45 Plaintiff apparently took this as a threat to destroy his property because he had not yet been able to retrieve his belongings from the residence.46 When Plaintiff approached Morgan through the window to ask what was going on, he alleges she sprayed him with wasp spray.47 Later this same day, a LPSO deputy went to Plaintiff's house and allegedly entered his home without consent or a warrant and handcuffed Plaintiff without allowing him to get dressed or put on shoes.48 Plaintiff also claims he was refused medical treatment for the wasp spray.49 While in custody, Plaintiffcontends he was subjected to threats and mistreatment by Deputy Holden. Plaintiff claims Holden took his cell phone and demanded his passcode or he would "bust it into pieces."50
Plaintiff also contends that, when he was granted access to the residence to obtain his belongings, the LPSO deputy accompanying him refused to allow him to take pictures of disputed items and threatened to "shut it down" when Plaintiff argued with Morgan over the property.51
Plaintiff alleges that, as a result of the repeated false arrests by the LPSO, all stemming from a protective order never served upon him and for which no probable cause or warrant existed, he was terminated from his job on January 15, 2014, a position he had previously held for fourteen years.52 Plaintiff claims that he has suffered from anxiety because of the threats, harassment, and arrests. He claims he suffers from uncontrollable shaking, cold sweats, and loss of sleep,53 not to mention the physical pain to his hands and wrists from handcuffing.54
Plaintiff filed this lawsuit in Louisiana state court alleging claims of federal and state constitutional violations and various state law claims against Sheriff Jason Ard ("Ard") in his official capacity as Sheriff of Livingston Parish55 and Jim Brown ("Brown"), individuallyand in his official capacity as the Uniform Operations Major for the Livingston...
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