Thornton v. Lymous
| Decision Date | 25 September 2020 |
| Docket Number | CIVIL ACTION NO. 19-12287 |
| Citation | 489 F.Supp.3d 470 |
| Parties | Johnny THORNTON v. Corey LYMOUS, et al. |
| Court | U.S. District Court — Eastern District of Louisiana |
John A. Venezia, Julie Elizabeth O'Shesky, Venezia & Associates APLC, New Orleans, LA, Michael L. Capdeboscq, Michael L. Capdeboscq, LLC, Covington, LA, for Johnny H. Thornton.
Renee E. Goudeau, Churita H. Hansell, Corwin St. Raymond, City Attorney's Office, Donesia Diane Turner, Sunni Jones LeBeouf, City of New Orleans Law Deptment, New Orleans, LA, for Corey M. Lymous, New Orleans City.
SECTION: "G"(3)
ORDER AND REASONS
In this litigation, Plaintiff Johnny Thornton ("Plaintiff") brings several claims against New Orleans Police Sergeant Corey Lymous ("Sergeant Lymous") and the City of New Orleans (the "City") (collectively, "Defendants") under both federal and state law.1 Plaintiff claims that Sergeant Lymous's allegedly false affidavit caused Plaintiff to be arrested for actions taken while working as a juvenile counselor at the Orleans Parish Juvenile Justice Center ("Juvenile Justice Center").2 Pending before the Court is Defendants’ second motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).3 Considering the motion, the memoranda in support and in opposition, the record, and the applicable law, the Court grants the motion to dismiss.
Plaintiff alleges that he was employed by the Juvenile Justice Center as a juvenile counselor supervisor.4 The present litigation arises out of three separate incidents at the Juvenile Justice Center occurring on August 25, 2018, during which Plaintiff admittedly restrained three detainees.5 The three detainees were Kylee Sexton ("Sexton"), HT (a minor whose name is confidential), and Jamuel Sheppard ("Sheppard").6 Each detainee accused Plaintiff of employing excessive force and committing other unlawful acts against them on August 25, 2018.7
In the Amended Complaint, Plaintiff describes in detail the encounter with Sexton on August 25, 2018.8 On that day, Sexton allegedly was in an area of the Juvenile Justice Center commonly referred to as "Pelican B."9 One of the Juvenile Justice Center's staff members apparently ordered Sexton to leave Pelican B and return to Sexton's personal room.10 But Sexton allegedly disobeyed the staff member's command to leave Pelican B and return to his personal room.11 Plaintiff allegedly responded by employing an "upper torso" maneuver on Sexton to bring Sexton back to his personal room.12
Yet, according to Plaintiff, Sexton caused himself to fall to the ground, which, in turn, caused Plaintiff to fall on top of Sexton's body.13 Five staff members allegedly worked together to restrain Sexton to place mechanical restraints on his body.14 The five staff members, including Plaintiff, allegedly then lifted Sexton up and escorted Sexton to his personal room.15 Plaintiff states that he departed the scene once Sexton was placed in his personal room.16 The other staff members allegedly remained in Sexton's personal room to remove the mechanical restraints on Sexton's body.17
Plaintiff admits that the Juvenile Justice Center's video footage displays only what occurred outside of Sexton's personal room—not what occurred inside of the room.18 Plaintiff maintains, however, that the video footage displays other staff members in a position to observe Plaintiff's actions while inside of Sexton's personal room.19 The staff members allegedly each wrote statements describing Plaintiff's actions during the entire encounter with Sexton.20 Plaintiff asserts that the staff members’ statements indicated that Plaintiff's actions were appropriate for the situation.21
Yet Sexton allegedly reported to several people—including Sexton's grandmother, the Juvenile Justice Center's Superintendent (the "Superintendent"), and Sergeant Lymous—a completely different version of how the encounter on August 25, 2018, transpired.22 For instance, on August 25, 2018, Sexton allegedly told the Superintendent that Plaintiff choked and punched him.23 A few days later, on August 27, 2018, Sexton allegedly told Sergeant Lymous that Plaintiff punched him, choked him, slammed him to the ground, "pushed his head into the metal frame of his bed," and "squeezed his penis approximately six times" during the encounter on August 25, 2018.24
Plaintiff likewise describes the encounter with HT on August 25, 2018, in detail.25 That day, HT allegedly participated in a fistfight with another detainee, CH, in an area of the Juvenile Justice Center referred to as "Pelican A."26 Plaintiff alleges that HT sustained multiple strikes to the head during the fistfight with CH.27 Plaintiff asserts that he restrained CH, forced CH to leave Pelican A, and escorted CH to CH's personal room.28 On the other hand, however, Plaintiff asserts that HT refused to leave Pelican A and peacefully return to HT's personal room.29 Plaintiff allegedly responded by using an "upper torso" maneuver on HT to forcefully escort him back to HT's room.30
Plaintiff asserts that he released HT from the upper torso maneuver once HT arrived in HT's personal room.31 HT allegedly retaliated by attempting to throw the liquid contents from an ice pack at Plaintiff.32 Multiple staff members, including Plaintiff, allegedly responded by placing mechanical restraints on HT's body.33 Plaintiff asserts that the mechanical restraints were eventually removed from HT's body.34
Plaintiff states that the Juvenile Justice Center's video footage displays only what transpired outside of HT's personal room—not what transpired inside of the room.35 Nonetheless, Plaintiff maintains that the video footage displays staff members in a position to observe Plaintiff's actions while inside of HT's personal room.36 These staff members allegedly each wrote statements explaining Plaintiff's actions during the encounter with HT.37 Plaintiff asserts that the staff members’ statements indicated that Plaintiff's actions were appropriate for the situation.38
Yet, similar to Sexton, HT allegedly reported to several people—including the Superintendent—an entirely different version of how the encounter on August 25, 2018, transpired.39 On August 25, 2018, HT allegedly told the Superintendent that Plaintiff repeatedly slammed his head on the ground and choked him.40 A few days later, on August 27, 2018, HT allegedly reported to Sergeant Lymous that Plaintiff repeatedly forearmed his head and struck him.41
Plaintiff also describes the encounter with Sheppard on August 25, 2018.42 On that day, Sheppard allegedly was in an area of the Juvenile Justice Center referred to as "Saints B."43 Plaintiff alleges that Sheppard threatened to toss bleach at staff members while located in Saints B.44 Plaintiff allegedly arrived at Saints B while another staff member was attempting to restrain Sheppard.45 When Plaintiff helped the staff members, Sheppard allegedly attempted to strike Plaintiff in the face.46 Plaintiff asserts that he responded by employing an "upper torso" maneuver on Sheppard to force him out of Saints B and into Sheppard's personal room.47
Plaintiff states that the Juvenile Justice Center's video footage displays "what occurred outside of [ ] Sheppard's room, but not what occurred inside [of Sheppard's room]."48 Nevertheless, Plaintiff maintains that the video footage displays staff members in a position to observe Plaintiff's actions while inside of Sheppard's personal room.49 These staff members allegedly each wrote statements explaining Plaintiff's actions during the encounter with HT.50 Plaintiff asserts that the staff members’ statements indicated that Plaintiff's actions were appropriate for the situation.51
Yet, like Sexton and HT, Sheppard allegedly reported to several people—including the Superintendent—a completely different story of how the encounter on August 25, 2018, transpired.52 On August 25, 2018, Sheppard allegedly reported to the Superintendent that Plaintiff used profanity, threatened him, and punched him.53 A few days later, on August 27, 2018, Sheppard reported to Sergeant Lymous that Plaintiff punched Sheppard several times during the encounter on August 25, 2018.54
Although Plaintiff's encounter with each detainee involved separate incidents, Plaintiff asserts that the three detainees conspired with each other to make false statements against Plaintiff.55 Sergeant Lymous allegedly ordered Detective Tonisha Goodwin ("Detective Goodwin") to investigate the detainees’ complaints against Plaintiff.56 According to Plaintiff, Detective Goodwin arrived at the Juvenile Justice Center and conversed with the Superintendent about the three incidents.57 The Superintendent apparently provided Detective Goodwin with each detainee's complaint against Plaintiff and each staff member's statement involving the three incidents on August 25, 2018.58 The Superintendent apparently also permitted Detective Goodwin to review the video footage for each incident on August 25, 2018.59
According to Plaintiff, Detective Goodwin informed Sergeant Lymous of the information provided by the Superintendent.60 Sergeant Lymous allegedly then completed the following steps in his investigation: (1) reviewed each staff member's written statement regarding the incidents on August 25, 2018; (2) reviewed the video footage of the incidents on August 25, 2018; (3) interviewed Sexton, HT, and Sheppard; and (4) interviewed Plaintiff.61 After conducting that investigation, Sergeant Lymous allegedly submitted an "Affidavit for Arrest Warrant" ("Affidavit") for Plaintiff's arrest on August 31, 2018.62 In the Affidavit, Sergeant Lymous allegedly certified under oath that probable cause existed to believe that Plaintiff committed three crimes under Louisiana law: the felony violation of...
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