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Plaintiff Alleges Violations Against City Officials in False Arrest Case

LOUISIANA RECORD

Monday, January 6, 2025

Plaintiff Alleges Violations Against City Officials in False Arrest Case

Federal Court
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U.S. District Court for the Western District of Louisiana | Official website

In a gripping legal battle unfolding in Louisiana, a local resident has filed a lawsuit alleging severe violations of his constitutional rights by city officials and law enforcement. Charles Callaway lodged the complaint against the City of DeRidder, Officer Jayson Creech, Sheriff Mark Herford, and unnamed deputies on December 27, 2024, in the United States District Court for the Western District of Louisiana.

The case stems from an incident on December 28, 2023, when Callaway was stopped by Officer Creech while driving in Beauregard Parish. The officer cited him for failing to signal a turn and improper lane usage. However, the situation escalated when Officer Creech conducted a field sobriety test despite Callaway's medical conditions that impaired his ability to perform such tests. Although Callaway's breathalyzer test showed a blood alcohol content below the legal limit, he was arrested on multiple charges including Operating a Motor Vehicle while Intoxicated—6th Offense—a felony charge under Louisiana law.

Callaway contends that his arrest lacked probable cause and accuses Officer Creech of malicious prosecution. Despite evidence from a subsequent blood test indicating no intoxication beyond legal limits, Callaway remained incarcerated for nine months due to an existing probation hold triggered by the felony charge. During this time, he alleges that he was denied necessary medical care by deputies at Beauregard Parish jail, resulting in severe health consequences including multiple strokes and loss of vision in one eye.

The lawsuit claims violations under the Fourth and Fourteenth Amendments to the U.S. Constitution as well as state laws concerning negligence and false arrest. It argues that defendants acted with malice and indifference towards Callaway’s rights and medical needs. Through this suit, Callaway seeks compensatory damages for physical pain, emotional distress, loss of enjoyment of life, punitive damages for willful indifference to his federally protected rights, attorney fees under federal statutes, and other relief deemed just by the court.

Representing Charles Callaway is attorney Mary K. Beaird from Leesville, Louisiana. The case is presided over by judges whose names are not specified in the document but falls under Case ID 2:24-cv-01795.

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