BATON ROUGE – A Livingston Parish couple alleges the husband was injured because of the actions of two sheriff's deputies.
David Bartlet Lowell and Shana I. Lowell filed a complaint on March 24 in the U.S. District Court for the Middle District of Louisiana against Livingston Parish Sheriff Jason Ard, Livingston Parish Detention Center Warden Perry Rushing, Deputy Derek J. Gaudin and Deputy John Doe alleging that they violated the Fourth, Eighth and 14th Amendments of the U.S. Constitution.
According to the complaint, the plaintiffs allege that David Bartlet Lowell was shopping at a Walmart in Denham Springs on Jan. 6 and was forcibly removed by Deputy Doe and Gaudin. The suit states Gaudin "brutally attacked" the plaintiff without warning and that he was also struck by Doe, causing him to sustain severe injuries to his neck and back. He was forced to undergo medical treatment and has suffered restrictions and limitations on his activities as well as pain and suffering, mental anguish and inconvenience. Shana Lowell alleges she has suffered loss of consortium, society and companionship of her husband.
The plaintiffs hold Ard, Rushing, Gaudin and Deputy John Doe responsible because the defendants allegedly subjected David Bartlet Lowell to excessive and unreasonable use of force and that Ard was allegedly negligent in hiring and training the deputies.
The plaintiffs request a trial by jury and seek punitive damages of $1 million, any other damages which may be proved at a trial, reasonable attorney’s fees and costs and all legal and equitable relief necessary in the premises. They are represented by John B. Brumfield Jr. in Baton Rouge.
U.S. District Court for the Middle District of Louisiana Case number 3:17-cv-00187