NEW ORLEANS – A Louisiana couple say a Tangipahoa Parish constable violated their constitutional rights.
Arthur Froeba III and Brooke Thompson filed a lawsuit Dec. 22 in U.S. District Court for the Eastern District of Louisiana against Donald Marshall, alleging violations of the Fourth and 14th Constitutional Amendments.
According to the complaint, Froeba was stopped in his driveway by a constable at 9 p.m. on Jan. 14. Marshall asked for Froebe’s license and registration, the suit says, but attempted to handcuff the plaintiff when he went to get them from the glove box. A struggle ensued between Froeba, Marshall and Thompson, who had been in the home when the incident began. Marshall later charged Froeba with possession of drug paraphernalia and Thompson with battery of a police officer.
The suit states Marshall never identified himself as a police officer, and broke Froeba’s hand and physically injured Thompson during the scuffle. According to the lawsuit, Froeba’s Fourth Amendment protection from illegal search and seizure was violated, as well as his and Thompson’s 14th Amendment right for due process and equal protection under the law.
The plaintiffs demand a jury trial, and seek compensatory and punitive damages, plus litigation costs. They are represented by Covington attorney Paul A. Lea Jr.
U.S. District Court for the Eastern District of Louisiana Case number 2:15-CV-06978