United States District Court, M.D. Louisiana
RULING AND ORDER
A. JACKSON, CHIEF JUDGE.
the Court is the Second Motion for Summary Judgment
(Doc. 13)filed by Sheriff Jeff Wiley and Deputy Seth
Boudreaux of the Ascension Sheriffs Office
("Defendants"), seeking an order dismissing Lionel
Loraas' ("Plaintiff') claims in their entirety.
Plaintiff opposes this motion. (Doc. 14). For reasons
explained fully herein, the Motion is GRANTED IN
PART in so far as it seeks dismissal of the federal
claims. The remaining state law claims are
REMANDED to the 23rd Judicial
District Court, Ascension Parish, Louisiana.
undisputed facts in the light most favorable to Plaintiff are
as follows, unless otherwise noted. On August 25, 2015, Ms.
Dara Holloway called the Ascension Parish Sheriffs
Office to report that Plaintiff, her estranged husband, had
violated a domestic abuse protective order against her. (Doc.
13-4 ¶ 1-2). At 8:47 PM, in response to her complaint,
Deputy Seth Boudreaux was dispatched to Ms. Holloway's
grandmother's home located at 40158 Germany Road in
Gonzalez, Louisiana, where Ms. Holloway was located. (Docs.
13-3 at p. 7 and 13-4 at ¶¶ 1-2, 7). After
arriving, Ms. Holloway told Deputy Boudreaux that she had a
protective order against Plaintiff. (Doc. 13-4 ¶ 3).
Deputy Boudreaux radioed the Sheriffs Office and confirmed
the existence and scope of the protective order. Id.
at ¶ 4. Ms. Holloway told Deputy Boudreaux that she
obtained the protective order against Plaintiff because he
had made threats to harm her in the past, including stating
that he was going to kill her. Id. at ¶ 5.
Holloway reported that at around 6:00 PM, while at her
grandmother's house, she saw Plaintiffs 2015 Chevrolet
truck drive back and forth in front of the house, and at that
time her car was parked in her grandmother's driveway and
would have been visible to the driver of the truck.
Id. at ¶ 9. She also reported that the truck
backed into a private driveway on the opposite side of
Germany Road from her grandmother's house, where it
stopped for a few minutes before driving away. Id.
She also told Deputy Boudreaux that her children had seen
Plaintiff coming from school on Germany Road. (Doc. 13-3 at p.
Holloway provided Deputy Boudreaux with a copy of the
protective order, issued by a Louisiana state court, which
she had obtained against Plaintiff. (Doc. 13- 4 ¶ 6). It
• "NOT TO abuse, harass, stalk, follow, track,
monitor, or threaten" Ms. Holloway "in any manner
whatsoever." . "NOT TO go within 100 feet" of
• "NOT TO go within 100 yards" of Ms.
Holloway's home, located at 40238 Germany Road in
• "TO STAY AWAY from . .. Central Primary and [East
Ascension High School], [in] Gonzalez, Louisiana. (Doc. 13-5
at pp. 2-3).
Holloway obtained the protective order on August 20, 2016,
and it was effective through February 10, 2016. Id.
at p. 1.
to Deputy Boudreaux, he then tried to speak with Plaintiff at
his home, but when he arrived no one was there. (Doc. 13-4 at
¶ 12). He then called Plaintiff, but no one answered the
phone. (Doc. 13-4 at ¶ 12). Plaintiff disputes that
Deputy Boudreaux ever attempted to contact him. (Doc. 14-1
Boudreaux then submitted an application for a warrant to
arrest Plaintiff for violating the protective order. (Doc.
13-4 at ¶ 13). On August 26, 2015, a state court judge
issued a warrant for Plaintiffs arrest. Id. On
October 1, 2015, other members of the Ascension Parish
Sheriffs Office arrested Plaintiff at his work. (Doc. 13-3 at
pp. 15-17). He was charged with violating a protective order
under La. R.S. 14:79, Id. at p. 17, and he was
released on bail the next day, (Doc. 1. ¶ 15). On March
16, 2016, the District Attorney dismissed the charge because
Plaintiff provided evidence that he was out of the country on
a cruise the day that Ms. Holloway complained that she saw
his truck driving back and forth in front of her
grandmother's house. (Docs. 1 at ¶ 17 and 13-2 at
then filed suit against Deputy Boudreaux, the Parish of
Ascension, and Sheriff Jeffrey Wiley. (Doc. 1). Plaintiff
brought claims under 42 U.S.C. § 1983 for false arrest,
false imprisonment, and malicious prosecution. Id.
at ¶ 19. Plaintiff also brought state law defamation and
negligence claims. Id. at ¶¶ 22, 25. On
November 18, 2016, the Court granted Plaintiffs motion to
voluntarily dismiss the claims it brought against Parish of
Ascension. (Doc. 9). On January 25, 2017, Sheriff Boudreaux
and Deputy Wiley filed a Motion for Summary Judgment. ...