United States District Court, W.D. Louisiana, Lafayette Division
JOSEPH LARRY MOREAU, JR.
ST. LANDRY PARISH FIRE DISTRICT NO. 3, ET AL.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
a lawsuit filed by Plaintiff Joseph Larry Moreau, Jr.
(“Moreau”) against St. Landry Fire Protection
District No. 3 (“District 3”) and the seven
individual members of the Board of Commissioners. Moreau
brought suit pursuant to 42 U.S.C. § 1983, contending
that his civil rights were violated because he was terminated
in retaliation for exercising his First Amendment rights.
before the Court are several motions. Among those motions is
Defendants' Motion for Summary Judgment [Doc. No. 43].
Defendants move the Court to dismiss all claims against them.
In response to this motion, Moreau filed a Motion to Strike
[Doc. No. 60]. Moreau moves the Court to strike from the
record “all evidence of, and all argument related to,
the written exchange between Moreau and his ex-sister-in-law,
Candice Elkins, the secretary of the St. Landry Parish Fire
District No. 3's Board of Commissioners.”
filed a Memorandum in Opposition to the Motion to Strike
[Doc. No. 76].
filed a reply memorandum [Doc. No. 80].
following reasons, the Motion to Strike is DENIED.
FACTS AND PROCEDURAL BACKGROUND
about January 8, 2018, the Vermillion Parish School Board
(“the School Board”) held a meeting during which
a Vermillion Parish school teacher attempted to question the
members about a potential raise for the superintendent. The
School Board had a police officer remove the teacher from the
meeting. She was handcuffed and taken to jail.
wife is a school teacher, and a friend of his commented on
Moreau's Facebook page about the incident. Moreau
responded as follows:
[A]ll of this going on with this poor teacher being treated
so unfairly makes one thing perfectly clear. . . These
“boards” everywhere, ruled by good old boy
politics need to be dissolved ASAP..!! We have the same exact
problem at our fire department . . . A board of clueless
idiots making the decisions that affect many including the
very employees that actually do the job.. It's a joke . .
[. . .]. I hope this teacher makes them pay...and pay big
[Doc. No. 1, ¶ 12].
days later, on January 12, 2018, Candice Elkins
(“Elkins”) saw the comment and responded to it
stating “ . . . that FD3 Board of clueless idiots is
about to begin fighting for a favorable outcome on that
millage on March 24th . . . I'd say in the
last year that board has made quite a bit of progress!”
[Doc. No. 43-1, p. 4, Moreau Depo., Exh. A, pp. 54-55; Exh.
LM-17 to Moreau Depo.]. Moreau deleted his comment from
after Elkins' initial comment, Moreua initiated a private
Facebook message exchange with her. [Doc. No. 43-1, p. 4,
Moreau Depo., Exh. ...