Washington v. Smith
| Decision Date | 08 November 2022 |
| Docket Number | Civil Action 22-632 |
| Parties | BRUCE WASHINGTON, ET AL. v. RANDY SMITH, ET AL. |
| Court | U.S. District Court — Eastern District of Louisiana |
ORDER & REASONS
Before the Court is a motion[1] filed by defendants Randy Smith (“Smith”), Jackson Bridel (“Bridel”) Alexander Thomas (“Thomas”), and Shaun Wood (“Wood”) to dismiss plaintiffs Bruce Washington (“Washington”) and Gregory Lane's (“Lane”) second amended complaint.[2] For the reasons that follow, the Court grants the motion in part and denies it in part.
As alleged in the complaint, in the evening of March 13, 2021 defendants Thomas and Wood, both deputies employed by the St Tammany Parish Sheriff's office (“STPSO”), observed Washington as he pumped fuel at a gas station in Mandeville, Louisiana.[3] Lane was a passenger in Washington's car.[4] After reentering his car, Washington exited the gas station parking lot, and Thomas and Wood followed.[5] After following Washington's car for about a mile, Thomas and Wood activated the lights on their police car.[6] Washington stopped in an empty parking lot.[7]
Thomas and Wood then approached Washington's vehicle on foot, with Thomas on the driver side and Wood on the passenger side.[8] Approximately one minute later, at 8:02 P.M., Bridel arrived in a separate police car, exited his vehicle, and stood approximately ten feet away from Washington's vehicle.[9]
In response to instructions by Thomas, Washington lowered his car window, and Lane slightly opened the passenger-side door of Washington's vehicle, because the passenger-side window would not open.[10] Thomas requested Washington's license, registration, and proof of car insurance.[11] Washington asked why he was being stopped, and Thomas refused to answer until Washington provided him with the requested documentation.[12] Washington complied, and Thomas stated that Washington was stopped for improper turn and failure to use a turn signal.[13]Washington disputed that he had failed to use his turn signal.[14] Thomas disagreed and stated, “The whole time I was watching you.”[15] On the passenger side of the car, Lane asked Wood if he could retrieve his phone and call his wife, who would then call their lawyer, since he had been advised that he should do so if he was stopped by the police.[16] Wood asked Lane if he thought he was in trouble or going to jail, and Lane responded that he did not, but still wished to call his wife.[17] Wood then instructed Lane to get out of the car, directed him to stand near Wood and Thomas' police car, and asked for Lane's identification.[18] Lane complied.[19] Lane then asked Wood why he had been asked to get out of the car. Wood laughed and stated that Lane was “acting a little weird” by requesting permission to make a phone call.[20]
Thomas meanwhile continued to question Washington, who remained in the car.[21] Thomas asked Washington where they were going, and Washington responded by asking what that question had to do with the traffic stop and stating that he knew his legal rights.[22] Thomas responded that Washington was going to make the stop “go a different way than it has to be.”[23] Thomas then asked Washington to exit the vehicle, and Washington complied.[24] Bridel then moved nearer the other officers and stood behind Thomas.[25]Thomas asked Washington if Washington had any weapons, and Washington stated that he did not.[26] Thomas asked Washington if he would mind if Thomas patted him down, and Washington did not respond.[27] Thomas frisked Washington and did not find any weapons.[28] He then ordered Washington to stand by Lane near the police car.[29]
Lane asked the officers why they had not stopped a speeding vehicle with no taillights that Lane and Washington had observed just before they were stopped.[30]Wood responded that they “can't catch everybody.”[31] Lane again asked if he could retrieve his phone and call his wife.[32] Thomas shouted that Lane was not permitted to call his wife and told him to stop talking.[33] Wood then grabbed Lane's elbow and asked if he could pat him down; Lane acquiesced, and informed Wood that he had a pocketknife, which Wood located and placed on the passenger seat of the police car.[34]
Thomas then took both Lane's and Washington's IDs to the police car and entered their information into his laptop.[35] Wood retrieved the ticket book from the police car's trunk, sat in the police car with Thomas, and asked Thomas what violation information should be written on the ticket.[36] Thomas responded that Washington should be cited “at least” for taking an improper turn and failing to use his turn signal, but told Wood to “standby [sic]” instead of writing the ticket immediately.[37]
At approximately 8:06 P.M., Thomas radioed the police dispatcher and requested that Washington's and Lane's names be run through the police database for Bogalusa and Washington Parishes.[38] At approximately 8:07 P.M., Wood told Thomas he was going to step out of the police car, and he did so.[39]
At 8:10 P.M., the radio dispatcher informed Thomas that Lane's record was clear, but that Washington had a traffic-related offense open in Bogalusa, Louisiana.[40] Thomas informed Washington of this information, and then accused Washington of not listening to him.[41] Thomas then instructed Wood to write the traffic citation.[42]
Washington was surprised to hear about the Bogalusa warrant, as he had recently been to court to address it.[43] He asked if he could retrieve related paperwork from his car, which would show that the warrant was closed.[44] Washington took a step toward his vehicle, and Thomas shouted that Washington was not allowed to return to the vehicle.[45]
At 8:13 P.M., Wood began to write the traffic citation while Thomas walked around Washington's vehicle, looking inside with his flashlight.[46] Wood then asked Thomas whether Thomas would write Thomas' name on the citation.[47] Thomas responded “No, why?” and Wood laughed and said “It's your beat, man.”[48] Thomas replied, “No, that's you,” and told Wood to put Wood's name on the ticket.[49] Wood shook his head and stated “that's fucked.”[50] Wood finished writing the traffic citation at 8:18 P.M.[51] Wood's was the only law enforcement name that appeared on the traffic citation.[52] Washington signed the citation at 8:19 P.M. After returning both Lane's and Washington's IDs, the stop concluded at 8:21 P.M.[53]
On March 15, 2021, Washington and Lane attempted to file a misconduct complaint against the defendants at the St. Tammany Parish Sheriff's office in Covington, Louisiana.[54] Employees there, identified as “Doe Defendants” in the complaint, allegedly refused to assist Washington and Lane.[55] One employee told plaintiffs “we don't do that here,” and instructed them to go to an address in Mandeville, Louisiana.[56] Upon arriving at that address, Washington and Lane found that it was shuttered.[57] Washington and Lane proceeded to a different office that Lane recalled seeing in Mandeville.[58] Staff at that location also did not assist them in filing a complaint.[59] Washington and Lane allege that “all [St. Tammany Parish Sheriff's Office (“STPSO”)] employees [they] encountered met them with contempt and derision.”[60]
Washington and Lane further allege that, on March 15, 2021, STPSO employee Crystal Dill emailed another STPSO employee, Emile Lubrano, informing Lubrano that Washington was upset that he had not been provided a complaint form.[61] Dill told Washington that Lubrano would call him the morning of March 16, the next day.[62] Lubrano forwarded Dill's email to Christopher Graham and David Maki, also STPSO employees, and directed Graham to call Washington the evening of March 17.[63] According to Washington, no one from the sheriff's office ever contacted him, and no STPSO employee ever investigated Washington's complaints.[64] The office's internal affairs log contains no record of Washington's attempt to report.[65] The complaint also sets forth allegations that the individual defendants discriminated against Washington and Lane, both of whom are African American, based on their race.[66] The complaint also alleges that Lane suffers from anxiety and emotional distress as a result of the incident.[67] It also alleges that Washington fears reoccurrence of a similar event, which “hinders his ability to move about freely and travel to see his family.”[68]
Plaintiffs assert seven causes of action. First, both Washington and Lane assert that Thomas and Wood unlawfully extended the traffic stop in violation of the Fourth Amendment and 42 U.S.C. § 1983. Second, Lane asserts that Bridel, Thomas and Wood unlawfully detained him in violation of the Fourth Amendment and § 1983, and in violation of Section 5 of the Louisiana Constitution. Third, Washington and Lane assert that Thomas and Wood unlawfully retaliated against them for engaging in constitutionally protected speech, in violation of the First Amendment and § 1983. Fourth, Washington asserts that Thomas unlawfully searched him in violation of the Fourth Amendment and § 1983. Fifth, Washington and Lane assert that the Doe defendants at the St. Tammany's Parish Sheriff's offices violated their rights guaranteed by the First Amendment's Petitions Clause and § 1983.[69] Sixth, Washington and Lane assert that Randy Smith violated their Fourth and Fifth Amendment rights by maintaining unconstitutional policies and practices in his capacity as St. Tammany Parish Sheriff. Seventh, and finally, Washington and Lane assert that Smith violated 42 U.S.C. § 2000(d), Title VI of the Civil Rights Act of 1964, because he engaged in racial discrimination as sheriff while receiving federal funds. ...
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