LAFAYETTE -- Montie Spivey filed a federal complaint on July 30 in the U.S. District Court for the Western District of Louisiana against Chitimacha Tribe of Louisiana, Cypress Bayou Casino, April Wyatt, Jacob Darden, Toby Darden and Jacqueline Junca.
According to the complaint, in 2015, Montie Spivey was serving in his capacity as the Chief Financial Officer of the Cypress Bayou Casino, owned by the Chitimacha Tribe of Louisiana.
In November 2015, O'Neil Darden was elected as the Tribal Council Chairman to the Chitimacha Tribe of Louisiana; the Tribal Council is the governing body over all of the enterprises of The Chitimacha Tribe of Louisiana, including Cypress Bayou Casino. The incentive plan in 2015 consisted of approximately 600 bonus payouts to the Cypress Bayou Casino employees, the suit says.
Employees other than the directors and managers were allocated a fixed amount based upon their position. The directors and managers would receive a percentage based upon their annual salary and the allocated amounts were pre-approved before distribution, the suit says.
Spivey was responsible for overseeing the processing of the bonuses to the employees. O'Neil Darden's bonus was distributed via direct deposit on January 5, 2016. Some time between January 7, 2016, and January 22, 2016, a complaint was made to the tribal gaming commission of an alleged "misappropriation of bonus monies" that occurred and the Louisiana State Police was called to investigate, the suit says.
After investigating and interviewing several individuals, O'Neil Darden, Montie Spivey and Anthony Patrone were criminally charged for felony theft and unauthorized use of a moveable, the suit says. On July 30, 2020, Spivey learned that charges would not be brought against him. Spivey alleges that the Tribal Council Members actions denied and violated his civil rights.
Spivey seeks punitive and exemplary damages, legal interest, and a trial by jury. Spivey is represented by Joseph L. Waitz, Jr.
U.S. District Court Western District of Louisiana case number 6:21-cv-02257-RRS-CBW