Governmental / Municipal Liability & Lobbying - Case Results

Toga Society, Inc. v. Harry Lee, et al.
(April 2009)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of Jefferson Parish in the case entitled Toga Society v. Harry Lee, et al. in the United States District Court for the Eastern District of Louisiana where plaintiff maintained “that it is entitled to total damages in the amount of $436,057.24 for its losses for three "parade" years--those being 2003-04, 2004-05, and 2005-06.” Toga Society v. Harry Lee, et al., 2005 WL 1578726, at p.1 (E.D. La. 2005). Jefferson Parish after taking over twenty depositions brought a Motion for Summary Judgment on damages which was granted by the district court. The district court found “that the only damages to which Toga is entitled to $3,485.00 in security costs paid in 2002 for its 2003 parade. The rest of the claims are specious at best and without any support in admissible evidence.” See Toga Society, 2005 WL 1578726, at p.7. This ruling was affirmed by the U.S. Fifth Circuit on appeal. See Toga Society v. Normand, 2009 WL 909431 (5th Cir. 2009).

Whelen v. Chief Penouilh, et al.
(January 2009)

Thomas P. Anzelmo, Kyle P. Kirsch and Jason B. Thrower won a victory in favor of Jean M. Llovet and Dr. Green in a case entitled Whelen v. Penouilh, 2009 WL 86667 (E.D. La. 2009). The plaintiff sued the defendants alleging his Civil Rights were violated when the defendants allegedly failed to provide him adequate medical care for his diabetes which he claimed led him to become legally blind. The District Court dismissed plaintiffs’ inadequate medical care claims against Llovet and Dr. Green because plaintiffs Complaint, as amended by his testimony at the Spears hearing, was insufficient to establish a §1983 claim since his medical records and testimony on cross-examination established that “he received constitutionally adequate medical care . . ..”

Martin v. Davis et al.
(January 2009)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of the City of Westwego and Officer Michael Davis in the case entitled Martin v. Davis, 2009 WL 152648 (E.D. La. 2009). The plaintiffs sued the City of Westwego and Officer Davis for excessive force alleging that the decedent’s Civil Rights were violated when he was shot a killed while Officer Davis was responding to a domestic violence 911 call. The District Court dismissed plaintiffs’ claims on summary judgment finding that Officer Davis’ actions were objectively reasonable in light of the fact that “Davis was facing a fleeing irrational man who had just fired a gun, who would not comply with simple commands and who was aggressively approaching Davis and his gun while asking to be shot.”

White v. City of Kenner
(December 2008)  

Mark Hanna and Gene Rhee, representing the interest of the Kenner Police Department, prevailed through motion practice resulting in the dismissal of the plaintiff’s suit.  Lloyd White was allegedly injured when he was a passenger in a vehicle which collided with an 18-wheel truck.  White claimed that another vehicle’s movement had caused the driver of his vehicle to collide with the truck.  The Kenner Police Officer who investigated the accident determined that the other vehicle was not involved in the accident and did not memorialize any information pertaining to the other vehicle or its driver in the police report.  White subsequently filed suit, naming the City of Kenner through its Police Department, claiming he was deprived of the right to sue the other driver because of the officer.  Specifically, White claimed that the officer breached his duty under La. R.S. 32:398(D) which sets forth the criteria for investigating an accident.  White also claimed the officer violated La. R.S. 14:133 by filing a police report which contained allegedly “false statements.”  In affirming the 24th Judicial District Court’s judgment, the Louisiana Fifth Circuit Court of Appeal held that the officer, in complying with his statutory duty to investigate the accident, was within his discretion in determining that the other vehicle was not involved in the accident and further found that the officer did not knowingly or intentionally file any false documents.  The Louisiana Supreme Court denied writs to review the Fifth Circuit’s ruling.

Walker v. Llovet, et al.
(November 2008)

Thomas P. Anzelmo, Kyle P. Kirsch and Jason B. Thrower won a victory in favor of Jean M. Llovet and Glen D. Jett in the case entitled Walker v. Llovet, 2008 WL 4949038 (E.D. La. 2008). The plaintiff sued Llovet and Jett alleging his Civil Rights were violated when Llovet allegedly failed to provide him adequate medical care after he was allegedly injured in an altercation with prison officials. The District Court dismissed plaintiffs’ inadequate medical care claims against Llovet and Jett because plaintiff’s medical records established that his “claims of injury were not ignored and that his medical needs were not met with deliberate indifference.”

Castellanos v. Jefferson Parish Correctional Center, et al.
(August 2008)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of Jean M. Llovet in the case entitled Castellanos v. Jefferson Parish Correctional Center, 2008 WL 3975606 (E.D. La. 2008). The plaintiff sued Llovet alleging his Civil Rights were violated when the defendants allegedly failed to provide him adequate medical care after he was allegedly seriously injured in an altercation with a prison official. The District Court dismissed plaintiff’s inadequate medical care claims against Llovet because plaintiff’s medical records established that every time a request for medical care was made the medical department promptly responded.

Bookerrena Kraft, et al.  v. Harry Lee, et al.
(December 2006)

Thomas P. Anzelmo, Kyle P. Kirsch and Andre J. Lagarde won a victory in favor of Jefferson Parish, the Jefferson Parish Council and Deborah Villio in the case entitled Bookerrena Kraft, et al. v. Harry Lee, et al. in United States District Court for the Eastern District of Louisiana. Plaintiffs sued the defendants alleging their Civil Rights were violated when the defendants failed to provide them adequate medical care and excessive force when Jefferson Parish Sheriff Deputies allegedly shot hundreds of bullets into a car injuring the plaintiffs and killing the driver. The District Court dismissed plaintiffs’ inadequate medical care claims against the remaining defendants because plaintiffs failed to allege how the defendants denied them adequate medical care. The District Court threw out plaintiffs’ Civil Rights claim against the Parish finding that the Parish was not responsible for the Sheriff’s alleged custom, policy or practices. Finally, the District Court dismissed plaintiffs’ claims against the Council because it was not an entity capable of being sued.

Kevin Friloux v. St. Charles Parish School Board, et al.
(June 2006)

Michael R. Sistrunk, Michael T. Tusa and Kyle P. Kirsch won a victory in favor of the Superintendent of the St. Charles School Board in the United States District Court for the Eastern District of Louisiana. Plaintiff (a former Parish President) brought Civil Rights and state law claims against Superintendent Rodney Lafon for allegedly terminating him for the exercise of his First Amendment rights. The district court granted defendants summary judgment motion finding that the actions of Superintendent Lafon were objectively reasonable and dismissed all of plaintiff=s claims against the superintendent.

Joseph Almerico v. City of Harahan
(March 2006)

Thomas P. Anzelmo, Kyle P. Kirsch and Andre J. Lagarde won a victory in favor of the City of Harahan in the case entitled Joseph Almerico v. City of Harahan. Plaintiff sued the City for (1) negligent infliction of emotional distress; (2) reckless infliction of emotional distress; (3) intentional infliction of emotional distress; (4) malicious prosecution; (5) defamation/slander; and (6) abuse of process after the civil service board found that plaintiff’s termination was done in bad faith. The trial court dismissed all of plaintiffs’ claims on the City of Harahan’s Exception of No Cause of Action which was affirmed on appeal. See Joseph Almerico v. City of Harahan, 05-749 (La. App. 5 Cir. 03/28/06), 927 So.2d 586.

Kimball v. Malinda
(March 2006)

Mark E. Hanna and Catherine M. Williams won a victory in favor of East Jefferson Levee District in a case entitled Kimball v. Malinda in the 24th District Court in Jefferson Parish. The case involved two fatalities and three seriously injured. The allegations against the Levee District were that it failed to maintain the bushes and shrubs on the neutral ground which contributed to an auto accident resulting in two fatalities and three seriously injured. Counsel successfully proved that the neutral ground in question was not under the care, custody or control of the Levee District and therefore had no duty to the plaintiffs.Derrick Bramlett, et al. v.

Thomas Buell
(July 2005)

Mark E. Hanna, Kyle P. Kirsch and Andre J. Lagarde won a victory in favor of the City of Mandeville, Police Chief Thomas Buell, Detective Wade Major and Officer Kenny Lemulle in the case entitled Derrick Bramlett, et al. v. Thomas Buell, et al. in United States District Court for the Eastern District of Louisiana. Derrick Bramlett sued defendants for a shooting that took place on a Mardi Gras parade route in Mandeville, Louisiana. Mr. Bramlett was shot a total of three times because the vehicle he was driving was headed toward a crowd of bystanders that were watching the parade and had their backs to Bramlett. The trial court granted defendants summary judgment motion dismissing all of plaintiffs federal claims with prejudice because it found that the police officers acted reasonably in using deadly force to subdue Bramlett. Mr. Bramlett’s remaining state law claims were dismissed in state court via an Exception of Res Judicata/Motion for Summary Judgment.

Greater New Orleans Expressway Commission v. Olivier, et al.
(January 2005)

Thomas P. Anzelmo, Burgess McCranie and Kyle P. Kirsch brought suit on behalf of the Greater New Orleans Expressway Commission seeking a writ of mandamus to require the judges of First Parish Court for the Parish of Jefferson to enforce La. R.S. 32:57(G). In response to the mandamus action the judges challenged the constitutionality of La. R.S. 32:57(G). The trial court initially determined that the judges had standing to challenge the constitutionality of the statute and found it to be unconstitutional. On appeal to the Louisiana Supreme Court determined that the judges lacked standing to challenge the statute and vacated the trial court’s ruling. Greater New Orleans Expressway Commission v. Olivier, 2005 WL 106498 (La. 2005). After the Louisiana Supreme Court rendered its decision the judges issued an order requiring the imposition of the cost mandated by La. R.S. 32:57(G).

Parish v. Harry Lee, et al.
(January 2005)

Thomas P. Anzelmo, Kyle P. Kirsch and Andre J. Lagarde obtained a dismissal of plaintiff’s 42 U.S.C. §1983 claims against Jefferson Community Correctional Center Medical Program, Dr. Joseph Hambrick Dr. Richard Richoux, Dr. Lawrence Durante, and Miriam Schultz. Plaintiff claimed that defendants’ denied him medical care in violation of his constitutional rights and sought $500,000.00 in damages. The trial court dismissed plaintiff’s claims against all defendants, but Ms. Schultz, on pre-trial motions. After trial, the court granted defendants’ post trial motion dismissing plaintiff’s remaining claims against Ms. Schultz based on the fact that plaintiff had not proven Ms. Schultz had any knowledge that plaintiff was being denied or receiving inadequate medical care. The court also found that plaintiff had failed to prove physical harm as a result of any of Ms. Schultz’s alleged actions or inactions.

Legania v. East Jefferson General Hospital
(May 2003)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of East Jefferson General Hospital in a case entitled Joseph Legania v. East Jefferson General Hospital before United States District Court for the Eastern District of Louisiana District Judge Stanwood R. Duval. Judge Duval granted the hospital’s motion for summary judgment dismissing plaintiffs’ Equal Pay Act claim, disparate treatment claim, and plaintiff’s gender and race discrimination claim based on a failure to promote. See Legania v. East Jefferson General Hospital, 2003 WL 21277127 (E.D. La. 2003). Plaintiff voluntarily dismissed his remaining retaliation claim prior to trial.