Cynthia Badinger filed a lawsuit against David Zeke Falcon at the Court of Appeal, Fourth Circuit, State of Louisiana, under case ID No. 2023-CA-0742 on May 2, 2024. The suit is an appeal from a petition for protection from stalking or sexual assault which was previously dismissed by the Civil District Court, Orleans Parish. Badinger's legal representation is Jacobs Sarrat Lovelace Harris & Matthews while Falcon is represented by Shermin S. Khan from The Khan Law Firm.
The lawsuit details incidents of harassment and stalking that Badinger claims to have suffered at the hands of Falcon. Specifically, she alleges that on July 14 and July 28, 2023, Falcon vandalized her property and engaged in threatening behavior towards her. These allegations were initially dismissed by the trial court due to lack of sufficient evidence.
Badinger appealed this decision, asserting that the trial court committed legal error in its interpretation of the incidents as not meeting the statutory definition of stalking. Upon review, the appellate court agreed with Badinger's claim and found that she had indeed provided enough evidence to prove stalking by Falcon.
Justices Terri F. Love, Roland L. Belsome and Dale N. Atkins all concur that the judgment of the trial court is reversed in favor of Badinger and remanded for issuing a protective order against Falcon in accordance with this opinion.