United States District Court, E.D. Louisiana
ORDER AND REASONS
L. C. FELDMAN UNITED STATES DISTRICT JUDGE
the Court is the plaintiff's motion for reconsideration
of the Court's March 7, 2019 Order, in which the Court
granted the defendants' motion to dismiss as unopposed
and dismissed the plaintiff's claims without prejudice.
For the reasons that follow, the motion is GRANTED, only
insofar as the plaintiff requests reconsideration; the
plaintiff is to file an amended complaint in the
above-captioned matter within 7 days, after which the
defendants are to file a motion to dismiss to challenge the
allegations of the amended complaint.
civil rights lawsuit arises from Rayna Fillios's charge
that members of the Harahan Police Department falsely
arrested her and released a salacious press report containing
factually inaccurate information concerning her arrest.
evening of January 6, 2018, Ms. Fillios was at her home in
Harahan, Louisiana with her boyfriend, Anthony Kennedy, when
she called Mark Marks and requested that he deliver food to
her residence. According to Ms. Fillios, Marks was “an
acquaintance” who she had met a few weeks earlier in
his capacity as an Uber driver. When Marks arrived at her
residence, Fillios contends, she answered the door while clad
in leggings and a sports bra. She then took the food from
Marks, who turned and proceeded to return to his vehicle.
Fillios further alleges that Kennedy became enraged upon
noticing the exchange. Loudly voicing his suspicions
concerning her infidelity and accusing Marks of molestation,
Kennedy charged after Marks and punched him in the face. And
when Marks retreated to the inside of his vehicle, Kennedy
began to bang on the window while brandishing a knife.
Fearing for his life, Marks drove away and called 911.
same evening, Marks met with Officer Michael Dow and other
members of the Harahan Police Department to discuss the
incident. According to Ms. Fillios, Marks described “a
drunken, violent assault . . . by Kennedy and attributed none
of what happened as being the responsibility of
Fillios.” Nonetheless, Fillios contends, the officers
traveled to her residence and arrested her for being a
principal to an attempted armed robbery. She was then
transported to the Jefferson Parish Correctional Center,
where she was incarcerated for approximately 61 days before
she was able to meet her bond.
support Fillios's arrest, Officer Dow obtained a victim
statement from Mark Marks, after which he prepared an
incident report and a probable cause affidavit. The Victim
Statement of Mark Marks, dated January 7, 2018 at 12:33 a.m.,
and ostensibly signed by Mark Marks,  provides:
Rayana Fillios call and [sic] to get her something to eat.
Brought waffle house. She opens door and come in. She was not
wearing a shirt. When you I was
leaving she grab me gave a hug and kiss. And bite my tongue.
Turned to walked out the guy runs out and punch me in the
face. The guy told you were to molest her. I said no just
brought her food. Ran to my car lock doors and the guy runs
to driver door and started smacking my window. He had a knife
in his right hand. White handle with 8 inch blade. The guy
told me to open my f*****g door and give me your f*****g
wallet I know loaded got money on you. I drove off and was on
the phone with the police. I was scared and thought I was
going to die. I belive Rayana was part of it. I belive she
had me to come here so they could rob me.
obtaining Marks's statement, Officer Dow prepared a
probable cause affidavit, in which he attested:
On noted date and time R/O [responding officer], along with
assisting officers were dispatched to the area in reference
to an attempted armed robbery. Upon arrival R/O learned from
the victim that a girl, Rayna Fillios, and her boyfriend,
Anthony Kennedy, had attempted to rob him. The victim also
stated that Fillios had used his Uber services prior to this
incident and gave him her phone number. On report date
Fillios called him to come over, answered the door topless
when he arrived, and after a brief conversation the victim
attempted to leave as Fillios appeared to be teasing him.
When he tried to leave Fillios grabbed him by the arms
pulling him into her bare chest, kissed him, and bit his
tongue to distract him while Kennedy got into position. The
victim stated as soon as Fillios released him, Kennedy pulled
a knife and ordered him to turn over his cash. The victim
refused and Kennedy struck him in the chin knocking out one
of his teeth. Kennedy fled the scene on foot to his residence
nearby while Fillios stayed on location pretending as if she
was not involved . . . . Kennedy went to the hospital then
[sic] both later transferred to the JPCC for booking. Fillios
has a stay-away order against Kennedy.
following day, on January 8, 2018, Chief Tim Walker of the
Harahan Police Department issued a press release describing
Fillios's arrest. Mirroring the account presented in
Officer Dow's probable cause affidavit, the press release
describes Fillios as “topless” when she greeted
Marks at the door and suggests that she attempted to distract
Marks while Kennedy “got into position” to rob
him. Ms. Fillios alleges that the story of her arrest, as
falsely represented by the Harahan Police Department's
press release, went viral within hours of its dissemination.
Garnering national and international media attention,
accounts of the story were published by various news outlets,
including USA Today, the New York Post, the Daily Mail, and
the Hindustan Times.
Fillios further alleges that, both before and after her
arrest, Marks had told Officer Dow and other unidentified
officers that Fillios had nothing to do with the attack
perpetrated by Kennedy. And, while the matter was being
investigated, Marks advised the Jefferson Parish District
Attorney's Office that he personally drafted and signed
his own handwritten statement and that the statement in the
police file was not the one he had prepared. Marks
clarified, however, that the content of the allegedly forged