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LOUISIANA RECORD

Sunday, September 29, 2024

Attack on nurse in Orleans Justice Center lands sheriff, warden in lawsuit

Federal Court
Finck

Finckbeiner

NEW ORLEANS - The Orleans Parish sheriff, as well as two Orleans Justice Center (OJC) officers and its warden, face a federal lawsuit by a former OJC nurse who says the defendants' negligence led to an attack on her by an inmate. 

According to documents filed on March 9, plaintiff Heather Diodene was working as a licensed practical nurse (LPN) at the OJC on March 10, 2020, where she says an inmate wrongfully entered the area meant only for medical personnel. 

The inmate, Joseph Cooks, is said to have a violent criminal record and was in a homicidal state when he entered the area. Diodene was held in a chokehold by the inmate for an extended period of time before deputies responded to her cries for help, the suit says. She allegedly suffered serious injuries to her neck and spine, and required medical intervention. 

Diodene alleges that the OJC has a long history of negligent management, including understaffing and ignoring or not training proper safety procedures. Defendant Deputy Justin Andrews was supposed to be at a post within earshot of the plaintiff, but had abandoned his post for an unknown reason, the suit claims.

The defendants - who include the OJC, Sheriff Marlin N. Gusman, Warden Chaz Ruiz, Deputy Justin Andrews and Sergeant Chris Rubio - are charged with one count of substantive due process violation, failure to protect, failure to train and failure to supervise. 

Diodene is seeking damages for her injuries, loss of wages and suffering as deemed appropriate. She is represented by John J. Finckbeiner Jr. of Chalmette. 

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