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LOUISIANA RECORD

Wednesday, June 26, 2024

Louisiana resident sues local law enforcement over alleged police misconduct

Federal Court
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In a harrowing case of alleged police misconduct, a Louisiana resident claims his arm was permanently damaged by a deputy during an arrest based on a three-year-old misdemeanor warrant. The complaint, filed by Paul Hayes in the United States District Court for the Eastern District of Louisiana on June 4, 2024, names Deputy Austin Berthelot and several other officials as defendants.

The saga began on July 11, 2020, when Officer Lloyd Robinson of the Lutcher Police Department allegedly fabricated an assault claim against Hayes. According to the complaint, Robinson falsely accused Hayes of threatening him and secured an arrest warrant based on these false statements. Unbeknownst to Hayes, this warrant remained active for years.

Fast forward to June 4, 2023: Deputy Austin Berthelot initiated a traffic stop on Hayes under the pretext of a traffic violation that Hayes insists he did not commit. During this stop, Berthelot discovered the old misdemeanor warrant and ordered Hayes out of his vehicle without explaining why. When Hayes sought clarification, Berthelot escalated the situation by placing him in an "arm bar" and applying enough force to break his arm. The lawsuit asserts that Berthelot's actions violated Louisiana law requiring officers to inform arrestees about outstanding warrants unless they flee or resist forcibly.

Hayes’s ordeal didn't end there. He faced trial for the alleged traffic violation on November 20, 2023. Despite inconsistent testimony from Berthelot—who initially claimed he did not see Hayes slow down at railroad tracks but later admitted in sworn testimony that Hayes had slowed down—the court acquitted Hayes. This acquittal came after prosecutors offered him a plea deal involving jail time and fines, which he refused.

Adding another layer to this complex case is the destruction of relevant records by the District Attorney’s Office. After requesting all records related to his prosecution and arrest in November 2023, Hayes learned that these documents were destroyed shortly after his request was acknowledged. This destruction was purportedly done according to policy; however, the lawsuit argues that it violated public record retention laws.

Hayes's complaint outlines multiple causes of action including malicious prosecution against both Robinson and Berthelot under federal and state laws, unreasonable seizure and excessive force claims against Berthelot under federal law, and violations related to unlawful methods of arrest under Louisiana law. Additionally, it accuses St. James Parish Sheriff’s Office (SJPSO) of ratifying Berthelot’s conduct through its policies and customs.

Hayes seeks declaratory relief and compensatory damages for his physical injuries and emotional distress. He also requests statutory damages for violations of public records laws, punitive damages against Robinson and Berthelot for their malicious actions, as well as attorney fees and other litigation costs.

Representing Paul Hayes is attorney Thomas Frampton from Charlottesville, VA. The case has been assigned Case ID: 2:24-cv-01434-BWA-MBN with Judge Barry W. Ashe presiding over it.

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