Father and son sue Department of Wildlife and Fisheries claiming civil rights violations

Kyle Barnett Jul. 19, 2012, 7:28am

GRETNA – A father and son have sued a state agency claiming their civil rights were violated when they were pulled over on a Grand Isle beach after viewing a fireworks display.

Milo D. Young, Sr. and Milo D. Young, Jr. filed suit against the State Department of Wildlife and Fisheries through Sheriff Newell Normand Agent Ezekial Talbot and Agent Dale Wheat, Jr. and an anonymous office of the Jefferson Parish Sheriff's Department in the 24th Judicial District Court on July 2.

The Youngs claim they pulled two vehicles containing multiple family members onto the beach in Grand Isle to view fireworks display at Grand Isle State Park. The plaintiffs allege as they were leaving following the display agents Talbot and Wheat pointed a flashlight at their vehicles, which the plaintiffs did not realize meant they wanted them to pull over.

The Youngs assert they did stop their vehicles after the agents pulled closely behind Young, Sr.'s pickup. The plaintiffs claim they asked the agents what the problem was, but agent Ezekial only responded by asking for identification for all passengers of the vehicles.

After Young, Sr. responded that some of the adults may not have identification, agent Talbot allegedly became enraged and slammed Young, Sr. against the hood of his truck at which point Young, Jr. begged the officers to be careful with his father because of a knee injury.

The Youngs claim at this point the officers drew their weapons and pointed them at the heads of the two men before arresting them. The plaintiffs assert they were injured due to violent manner by which the agents handled them.

The Youngs claim they were arrested without probable cause and in violation of the Fourth Amendment. The plaintiffs allege they overheard the agents and a sheriff's deputy concocting a false story about how the Youngs had tried to batter them. The Youngs were charged with battery of an officer and a park rule violation.

The defendants are accused of engaging in reckless violent conduct, using brutal and unnecessary force and restraint, conspiring to cause an assault and battery, false arrest, effecting a false and injurious imprisonment, exhibiting an indifference to plaintiff's medical needs, conspiring to cover-up facts and making a false police report, intentionally causing public humiliation for the plaintiffs and failing to prevent the beating, false and warrantless arrest of the plaintiffs.

An unspecified amount in damages is sought for civil rights violations, assault and battery, negligence, entrapment, false arrest, making a false police report, false imprisonment and infliction of emotional distress.

The Youngs are represented by New Orleans-based attorney Alan D. Alario, II.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 716-631.

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