United States District Court, W.D. Louisiana, Lafayette Division
PATRICK J. HANNA Judge.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
before the Court is a Motion for Summary Judgment [Doc. No.
113] filed by Defendant Lana Richelle Bowman
(“Bowman”). Bowman moves for summary judgment on
Plaintiff Ke'von Tramar Loston's
(“Loston”) remaining defamation claim against
6, 2019, Loston filed a Motion to Strike Affidavit and
Attachments and a Memorandum in Opposition to the Motion for
Summary Judgment [Doc. No. 117].
14, 2019, Bowman filed an opposition to the Motion to Strike
[Doc. No. 119].
following reasons, Loston's Motion to Strike is DENIED,
and Bowman's Motion for Summary Judgment is GRANTED.
AND PROCEDURAL HISTORY
2015, Bowman's son, John Cody Bowman (“Cody
Bowman”), advertised an ATV for sale on Craigslist.
After having conversations with a person in St. Mary Parish
interested in purchasing the vehicle, he took the ATV there
for a viewing. Cody Bowman met a young black male there who
took the ATV and never returned it.
Bowman later looked on Facebook and identified Loston as the
person he believed had stolen his ATV.
25, 2015, Bowman posted pictures of her son's ATV on
Facebook and made a statement about the theft, providing the
information she had, and asking for others who had friends in
the Jeanerette/New Iberia area to share her post.
about July 2, 2015, Loston was arrested by the St. Mary
Parish's Sheriff's Office for the crime of larceny or
theft of an ATV. However, the charges were later dismissed.
to Loston's arrest, Bowman posted a photograph of him on
Facebook with the words above the picture, “This is
thug that has Cody's.” Bowman does not recall
making the post, and it is no longer on her Facebook account.
15, 2016, Loston brought suit in the United States District
Court, Western District of Louisiana, Lafayette Division,
asserting claims against the St. Mary Parish Sheriff's
Office, Sheriff Mark A. Hebert, Sheriff Deputy Sennet
Wiggins, Sheriff Deputy Beau Martin (collectively “the
Sheriff's Office Defendants”), and Bowman. Loston
alleges that the Sheriff's Office Defendants, operating
under the color of law, wrongfully abused the judicial
process to have him arrested and subsequently jailed for
felony theft of an ATV. Loston further alleges that Bowman
publicly defamed him by “circulating false allegations
on social media resulting in thousands of views by persons in
the community and beyond.” [Doc. No. 1, ¶ 7].
further alleges that, “[a]s a direct result of
Defendants' misconduct, which resulted in Plaintiff's
wrongful arrest, and detention, Plaintiff ...