United States District Court, W.D. Louisiana, Monroe Division
L. HAYES Judge
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
a civil rights action filed by Plaintiff Clarence Dean Roy
(“Roy”) against Defendants City of Monroe
(“the City”) and James Booth
(“Booth”). The case is set for a jury trial on
August 27, 2018. On May 7, 2018, Defendants filed a pre-trial
memorandum [Doc. No. 51] on contested issues of law.
Defendants contend that, as a matter of law, Sergeant Booth
is entitled to qualified immunity. Roy also filed a pre-trial
memorandum [Doc. No. 55]. Defendants filed a reply memorandum
[Doc. No. 56]. Finally, pursuant to the Court's July 23,
2018 minute entry [Doc. No. 57], Roy filed a supplemental
pre-trial memorandum [Doc. No. 58] addressing qualified
following reasons, Defendants' motion for reconsideration
on the qualified immunity defense, set forth in its Pre-Trial
Memoranda [Doc. Nos. 51 & 56] is GRANTED, and Roy's
claim for damages against Booth is DISMISSED WITH PREJUDICE
on the basis of qualified immunity.
FACTS AND PROCEDURAL HISTORY
City's public streets, public sidewalks, and public
rights-of-way are traditional public forums.
a minister who has often preached with his followers near the
intersection of Pine and Third Streets in Monroe, Louisiana.
He intends to continue to engage in expressive activity,
including expressing religious, political, and social speech,
within the City's public streets, public sidewalks, and
City adopted the City of Monroe Code (“the
Code”), which contains the City's Charter and the
general ordinances of the City. The Code states in Sec.
shall be unlawful to commit an act of disturbing the peace.
Disturbing the peace is the doing of any of the following in
such a manner as would foreseeably disturb or alarm the
public, or create any dangerous or violent conditions:
(1) Engaging in a fistic encounter; or
(2) Using profane or threatening language or making obscene
remarks, gestures, or indecent proposals to or toward another
which in the manner uttered has a tendency to incite an
ordinary addressee to violent retaliatory action and a breach
of the peace; or
(3) Appearing in an intoxicated condition; or
(4) Engaging in any act in a violent and tumultuous manner by
any three (3) or more persons; or
(5) Holding of an unlawful assembly; or (6) Interruption of
any lawful assembly of people.
the peace shall also include the commission of any act other
than that permitted as an exercise of free speech or free
assembly guaranteed by the constitutions of the United States
and the State of Louisiana, in such a manner as to disturb or
alarm the public, or make such a disturbance imminent, or to
provoke another or other to retaliatory action or violence.
(Code 1958,' 10-27; Ord. No. 7087, 9-11-79).
15, 2017, Roy and others were present in the area of north
Third Street, between Pine and Olive Street. There were three
commercial establishments in that area: Corner Bar; Club
Neat; and Live Oaks Ballroom and Lounge.
Corner Bar is known as a gathering spot for homosexuals. Roy
believes that homosexuality is a sin. [Doc. No. 23-3, Exh. 3,
Roy Depo., p. 22, ll. 1-6]. He preaches against
homosexuality, as well as drinking alcohol, and other topics.
Id. at ll. 13-14. Roy and others with him were
engaged in expressive activity by speaking about religious,
political, and social issues while on the City's
sidewalks. At various times, Roy was carrying a cross while
on the public sidewalk.
Roy and others were in this area, the Monroe Police
Department received a complaint about a disturbance in the
area of north Third Street between Pine and Olive Streets.
The complaint was related to an alleged incident between the
owner of the Corner Bar and one of the people with Roy.
Monroe Police Department officers responded to the complaint.
After more than four Monroe Police Department officers had
already arrived, Sergeant Booth arrived at the scene of the
complaint. Sergeant Booth parked his patrol ...