NEW ORLEANS – A Terrebonne Parish man alleges officers unlawfully used a stun gun on him and ordered him to leave a Waffle House after an incident that didn't involve him.
John Tyrell Gathen filed a complaint on Dec. 19 in the U.S. District Court for the Eastern District of Louisiana against Jerry Larpenter, Terrebonne Parish Sheriff’s Office, ABC insurance company, et al. citing the Fourth Amendment of the U.S. Constitution.
According to the complaint, the plaintiff alleges that on Dec. 19, 2015, he was a patron at the Waffle House in Houma when a disturbance ensued that he was not involved in. Upon defendant deputies' arrival, the suit states a stun gun was used on the plaintiff and that he was ordered to the ground without just cause, causing him to sustain damages to his person, physically, emotionally and mentally. The plaintiff holds the defendants responsible because defendant deputies allegedly subjected him to unreasonable use of seizure and excessive force and the sheriff’s office allegedly failed to adequately discipline its deputies involved in the alleged misconduct.
The plaintiff requests a trial by jury and seeks judgment against defendants, individually and in their official capacity, for all damages, plus interest and all cost of these proceedings. He is represented by John W. Milton of John W. Milton in Lafayette.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-17609