A federal judge has dismissed a lawsuit filed by a woman after she says she was falsely arrested while barbequing at a 2020 protest in Lafayette.
On February 3, U.S. District Judge S. Maurice Hicks Jr. dismissed with prejudice Tara Fogleman-Laxey’s case against Lafayette Parish Sheriff Mark Garber, Lafayette Mayor-President Josh Guillory, former Lafayette Interim Police Chief Scott Morgan, District Attorney Donald Landry and Lafayette Consolidated Government.
Fogleman-Laxey was arrested August 29, 2020, outside of Guillory’s home at a BBQ protest regarding Guillory’s unwillingness to address community concerns. She says she wanted to promote discussion with the mayor about the murder of Trayford Pelleri, who had been killed the week before by Lafayette police officers outside of a convenience store. She invited community members to join the protest via Facebook and Facebook Live video.
Officers told her she was obstructing the roadway and was asked to end the protest. When she refused, she was arrested and charged with obstruction of a public passageway and disturbing the peace. She says the officers conducted a pat-down, confiscated her cell phone and arrested her without reasonable suspicion or probably cause. Those charges later were dropped in February 2021.
In January 2021, Fogleman-Laxey says she attended a local civic meeting where Guillory was speaking. She says she questioned him about his COVID-19 policies. Landry then filed a Bill of Information against her charging her with violating two state laws. The following month, the charges were dropped. As part of the agreement, she agreed to stay 100 feet away from Guillory, his family and his home.
Fogleman-Laxey was seeking compensatory damages, punitive damages, a permanent injunction or order, court costs, attorney fees and other relief.
In his ruling, Hicks agrees with Garber, saying Fogleman-Laxey failed to plead any additional facts against Garber to overcome the court’s prior finding of probable cause for her arrest. He says Fogleman-Laxey also failed to allege specific facts demonstrating the viability of her claims.
Hicks also says the plaintiff’s allegations of unlawful policies, practices and customs are “merely conclusory and speculative.”
“Since this court has previously found probable cause underlying plaintiff’s arrest and has held that Sheriff Garber had discretion to book plaintiff, she fails to allege how these policies, practices and customs violated her constitutional rights,” Hicks’ ruling states, which goes on the say the same about the plaintiff’s claims of false arrest, false imprisonment, false detention, abuse of process, excessive force, improper hiring, improper retention, improper training, improper supervision and vicarious liability.
The ruling also says Fogleman-Laxey’s claim that the officials are not entitled to qualified immunity or discretionary immunity “is irrelevant because plaintiff has not successfully asserted any claims against either Sheriff Garber or the Sheriff defendants.”
“Even if the court found a constitutional violation, plaintiff fails to cite to clearly established law that would preclude her arrest,” the ruling states. “It is ordered that Sheriff Garber’s motion for judgment on the pleadings … is granted. All claims asserted by plaintiff against Sheriff Garber and the Sheriff defendants are dismissed with prejudice.”
Guillory, the Lafayette Consolidated Government, Morgan and Landry all had been previously dismissed from the lawsuit.
Fogleman-Laxey is being represented by Megan E. Snider of ACLU Foundation of Louisiana.
U.S. District Court Western District of Louisiana case number 6:21-cv-03038-MJJ-PJH