NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana recently dismissed a waste pickup worker's claims in a lawsuit alleging excessive force and violations of the Fourth and Fourteenth Amendments regarding an attack at the Hurricane Hole resort.
In his Dec. 10 ruling, U.S. District Judge Ivan Lemelle granted a motion for summary judgment in the lawsuit filed by Ralph Badeaux against Hurricane Hole Management LLC, Town of Grand Isle, Grand Isle Police Department and Grand Isle Police Chief Euris Dubois.
Badeaux sued the defendants alleging excessive use of force and violation of constitutional rights during a waste pickup job at the Hurricane Hole resort.
Court filings said, Badeaux "was attacked and beaten by the superintendent of the Hurricane Hole and a group of five unidentified males outside of the Hurricane Hole in Grand Isle ... where he was conducting a waste pickup for his employer, Pelican Waste Disposal on May 18, 2016."
Badeaux's suit claimed two police officers joined the assault, with one of them using a firearm and pointing at him during the incident. He also claimed that "defendants were acting pursuant to the custom and practice of the defendant city, defendant chief and police department in permitting officers to use excessive force against individuals."
In his ruling, Lemelle stated that "plaintiff has not provided evidence that he sustained damages attributable to defendants," adding that "the evidence would not allow a reasonable jury to return a verdict for plaintiff and summary judgment in favor of defendants is proper."