NEW ORLEANS - Hope Davis filed a federal lawsuit on September 8 in the Eastern District of Louisiana against Arthur Fernandez, Milton Crosby and Russell Blanchard for false arrest, retaliatory arrest, unlawful seizure and false imprisonment.
Davis alleges that on September 8, 2020, she was set to appear at the Gretna Municipal Court on a summons for a traffic violation unrelated to the present case. Upon arrival, Davis discovered a line of people waiting to enter the courthouse. Davis joined the line and waited for her turn to enter the courthouse.
Davis allegedly was arrested for voicing her concerns in the line about people not following federal guidance then in effect from the Centers for Disease Control and Prevention that urged the practice of indoor and outdoor social distancing of six feet between individuals. A court employee standing nearby overheard Davis’ remark and informed her that court personnel were aware of social distancing guidance, the suit claims.
Davis responded by simply stating that she had not directed her remark at the court employee. Fernandez, who was on duty assisting with courthouse security, overheard Davis’ statement to the court employee. He approached and stated that he did not appreciate the way Davis had spoken to the court employee, the suit says.
Davis allegedly told Fernandez that social distancing mandates were not being enforced and that he could not keep her from stating that fact. Fernandez ordered Davis to leave the courthouse immediately and threatened to arrest her if she did not, she says.
Davis declined to leave because such an act would amount to her disobeying the summons instructing her to appear at the courthouse. Fernandez nonetheless acted on his improper threat and arrested Davis without probable cause and therefore violated her constitutional rights, the suit says.
Davis seeks a judgment in her favor, attorney's fees and cost of suit. Davis is represented by Megan E. Snider.
U.S. District Court Eastern District of Louisiana case number 2:21-cv-01666-ILRL-DMD