Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA COMPLAINT

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1 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA NORVEL LASSERE VERSUS KEITH CARROLL, ST. JOHN THE BAPTIST PARISH SHERIFF MICHAEL TREGRE, and Certain As Yet Unidentified Employees of St. John the Baptist Sheriff CIVIL ACTION JUDGE: MAGISTRATE: COMPLAINT The complaint of Petitioner with respect represents: 1. Petitioner NORVEL LASSERE, a person of the full age of majority and a resident of LaPlace, Louisiana, is the son and sole surviving child of decedent BARBARA JEAN LASSERE. 2. Petitioner brings this action pursuant to 28 U.S.C. 1391(b) as the transactional events constituting the alleged tortuous behavior arose and occurred within St. John the Baptist Parish, and in conformity with Fed.Rule.Civ.P. Art. 4(d); the cause is further grounded in 28 U.S.C et. seq. and 1343 as this suit raises questions of federal civil rights law and is also brought pursuant to 42 U.S.C et seq. and related provisions. Additionally, Petitioner seeks all relief afforded pursuant to La. C.C. Art Made defendants herein are: 1

2 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 2 of 6 KEITH CARROLL, a person of the full age of majority, resident and domiciliary of the State of Louisiana, who was at all pertinent times herein an employee of the Sheriff of St. John the Baptist Parish; MICHAEL TREGRE, SHERIFF OF ST. JOHN THE BAPTIST PARISH, sued herein in his official capacity; and CERTAIN AS-YET UNIDENTIFIED EMPLOYEES OF THE SHERIFF OF ST. JOHN THE BAPTIST PARISH. 4. Defendants, at all times material herein acting under color of state law, operated together and individually and by their actions caused the decedent Barbara Jean Lassere to be killed without legal justification and in violation of the civil rights guaranteed her under the Constitution of the United States of America, specifically her rights to due process and equal protection. 5. Norvel Lassere brings this action for damages arising out of intentional and outrageous acts of law enforcement and institutional ratification and cover-up of those acts. Petitioner Lassere seeks damages for wrongful death and survival, as well as punitive damages and special damages as a result of unconstitutional acts on the part of law enforcement and seeks redress of the tortuous acts and civil rights violations hereinafter pleaded, which were committed by defendants, under any Louisiana statutory, decisional and constitutional remedies; as well as any federal remedy - constitutional, statutory, or decisional. 6. Petitioner specifically pleads a state cause of action pursuant to Louisiana R. S et seq. 2

3 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 3 of 6 7. Petitioner contends the defendants are not entitled to any immunity as they operated to purposefully deprive decedent Barbara Jean Lassere of civil rights under the apparent authority of their official capacity. Petitioner further alleges that Defendants, Keith Carroll and certain asyet unidentified employees of the Sheriff of St. John the Baptist Parish acted outside of any enjoyed policy-making immunity as their policies and practices relative to this suit are not reasonably related to legitimate governmental objectives for which the policy-making or discretionary powers exist; and/or the governmental bodies acts or omissions constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct that caused the wrongful death of decedent and all damages claimed herein. Furthermore, Petitioner asserts that defendant Michael Tregre and the office of the Sheriff of St. John the Baptist Parish are vicariously liable under state law for the tortuous acts of department employees while they act under the apparent authority of their positions. 8. Petitioner specifically alleges that defendants Michael Tregre and the office of The Sheriff of St. John the Baptist Parish are liable to them for punitive damages because their express policies and widespread and well-settled practices operated with the force of law to deprive decedent Barbara Jean Lassere of her civil rights pursuant to the Supreme Court s holding in Monell v. New York, and that the illegal and unconstitutional actions of defendants Keith Carroll and certain as-yet unidentified employees of the office of the Sheriff of St. John the Baptist Parish were subsequently ratified by their employers. 9. Petitioner alleges that Barbara Jean Lassere was killed in her car in her own driveway without provocation, justification or probable cause by Keith Carroll with the assistance of some 3

4 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 4 of 6 or all of certain as-yet unnamed employees of the Sheriff of St. John the Baptist Parish at approximately 1:30 am on January 24, On the evening of January 24, 2013, Barbara Jean Lassere was pulled over by Deputy Keith Carroll at the intersection of West 5 th Street and Elm Street in LaPlace. Alone in the car and terrified of police officers, Ms. Lassere drove the short distance to the driveway in front of her house at 212 West Second Street with Deputy Keith Carroll following. Back up was called and numerous other employees of the St. John the Baptist Parish Sheriff arrived, with multiple cars, canines and riot gear. Surrounded by flashing lights, guns and dogs, Ms. Lassere became increasingly confused and frightened. Ms. Lassere attempted to respond to numerous conflicting and shouted demands, putting her hands on the steering wheel, outside the driver s side window and up in the air in front of her. She was shot without provocation by one or more unknown sheriff s deputies as she sat in her car and died on the scene. 11. Despite numerous requests for any further information regarding the killing of Barbara Jean Lassere, as of this filing, Petitioner is in possession of only Form A and Form H of the report of the investigation into the killing. No copies of any Homicide report, Special Operation Incident Report (if indeed the SWAT team participated), or Resisting Arrest Report have been produced. 12. Petitioner Norvel Lassere avers that as a result of the unlawful conduct of Defendants herein, and due solely to the negligence, fault and//or intentional acts of any or all of the Defendants, Petitioner is entitled to survival damages for the physical pain and suffering and emotional distress and terror suffered by his mother Barbara Jean Lassere prior to her death and for the violation of her civil rights, in addition to wrongful death damages for loss of consortium. 4

5 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 5 of 6 Petitioner demands the sum of $5,000,000 as compensation for general and special damages, and the sum of $5,000,000 in punitive damages. 13. As a result of the conduct complained of herein, all of the defendants are liable unto petitioners for the damages pleaded herein throughout as well as punitive and/or exemplary damages for their reckless and callous disregard of the life of BARBARA JEAN LASSERE and her civil rights, Petitioner is further entitled to an award of reasonable attorney s fees for all work performed in pursuing this action. 14. Petitioner demands the right to a trial by Jury. WHEREFORE, Petitioner prays that after due proceedings are had that there be trial by jury and there be judgment herein in favor of plaintiff and against defendants, jointly, severally and in solido for all reasonable compensatory and special damages, including punitive or exemplary damages, and for all costs of these proceedings, as well as reasonable attorney s fees. Petitioner further prays for all orders and decrees necessary or proper in the premises which law, equity or the nature of the case may permit. Respectfully submitted: By Attorneys Robert C. Jenkins ROBERT C. JENKINS & ASSOCIATES ROBERT C. JENKINS, T.A. BAR # St. Charles Avenue New Orleans, LA (504) (phone) (504) (fax) 5

6 Case 2:13-cv MLCF-JCW Document 1 Filed 08/14/13 Page 6 of 6 Betsy J. Barnes BARNES AND ROOT, LLC, BETSY J. BARNES, BAR # RICHARD L. ROOT, BAR # St. Charles Avenue New Orleans, LA (504) (phone) (504) (fax) Richard L. Root BARNES AND ROOT, LLC, BETSY J. BARNES, BAR # RICHARD L. ROOT, BAR # St. Charles Avenue New Orleans, LA (504) (phone) (504) (fax) 6