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
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.
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