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LOUISIANA RECORD

Thursday, November 21, 2024

Plaintiff alleges local government officials breached contract and defamed him

State Court
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A Louisiana man is fighting back after a court dismissed his claims against a local government and its chief executive officer. Donald Ray Singletary, Jr. filed a complaint in the 22nd Judicial District Court for the Parish of St. Tammany on October 8, 2021, alleging breach of contract and defamation against Michael B. Cooper, both individually and as Chief Executive Officer of the St. Tammany Parish Government (STPG).

The case revolves around Singletary's allegations that Cooper and STPG failed to honor contractual obligations and made defamatory statements that damaged his reputation. The original petition was served to Cooper and STPG on October 21, 2021. Before responding to the petition, Cooper and STPG filed an exception of no cause of action, arguing that Singletary's claims did not meet the legal requirements for breach of contract or defamation.

On February 2, 2022, Singletary opposed this exception by filing a memorandum and an amended petition naming St. Tammany Parish Councilman Chris Canulette as an additional defendant. This amended petition was emailed to Cooper and STPG's attorney but was not properly served with a citation from the clerk of court—a procedural misstep that would later become crucial.

The trial court initially sided with Cooper and STPG, maintaining their exception of no cause of action on March 14, 2022, but allowed Singletary fifteen days to amend his petition again. Despite multiple attempts to serve the amended petitions correctly—including dealing with returned citations due to insufficient funds—Singletary faced another setback when defendants filed a declinatory exception of insufficiency of service on January 31, 2023.

The trial court ruled in favor of the defendants again on June 13, 2023, dismissing all claims without prejudice due to improper service procedures. However, Singletary appealed this decision, arguing that he had complied with Louisiana Code of Civil Procedure Article 1313 by emailing subsequent pleadings to the defendants' attorney.

In a recent turn of events dated August 8, 2024, the Court of Appeal reversed the trial court’s decision. The appellate judges found that under Louisiana law, once initial service is properly executed on governmental entities or officers named in an original petition—as was done here—subsequent pleadings can indeed be served via email through their attorney without requiring new citations each time.

Singletary seeks damages for breach of contract and defamation while also requesting relief for legal costs incurred during this prolonged litigation process. His appeal has breathed new life into his quest for justice against what he perceives as wrongful actions by local government officials.

Representing Singletary is Joseph “Jay” G. Albe Jr., while James J. Bolner and Angel L. Byrum represent Michael B. Cooper and STPG. The case is presided over by Judge Raymond Childress under Case ID: 2021-14304.

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