United States District Court, W.D. Louisiana, Lafayette Division
JASON DEROUEN, SR.
MARK A. HEBERT, ET AL.
B. WHITEHURST MAG. JUDGE.
A. DOUGHTY UNITED STATES DISTRICT JUDGE
before the Court is a Motion for Summary Judgment [Doc. No.
18] filed by Defendant former St. Mary Parish Sheriff Mark
Hebert (“Hebert”). Plaintiff Jason Derouen, Sr.
(“Derouen”) has filed a memorandum in opposition
to the motion. [Doc. No. 24]. Hebert filed a reply
memorandum. [Doc. No. 25].
following reasons, the Motion for Summary Judgment is GRANTED
IN PART AND DENIED IN PART. The Court declines to exercise
supplemental jurisdiction over the remaining state law
FACTS AND PROCEDURAL HISTORY
the evening of January 20, 2017, Derouen was stopped for
speeding. Although further facts were not provided, Derouen
was arrested for possession of Vyvanse, a controlled
substance, and transported to the St. Mary Parish Law
following morning, his family attempted to bond him out of
custody, but could not because there was allegedly a hold on
his bond. After learning that he was going to remain in
custody, Derouen avers that he had an anxiety attack and
started coughing excessively. He was seen by a nurse, who
avers that he first asked for a medical pod. Then he asked
for an insolation pod. Lieutenant Kevin Savoy
(“Savoy”) allegedly told Derouen he would take him
to a “cool pod” without “problems.”
[Doc. No. 24-4, Derouen Aff., ¶ 5]. Savoy placed Derouen
in Wolf-B Dorm.
walking through the dorm, Derouen noticed that the lights
were off. He further avers that, while Savoy was standing in
the open doorway to the Wolf-B Dorm, inmates yelled that they
did not want any “white boys” in there and
threatened to “fuck [Derouen] up.” [Doc. No.
24-4, Derouen Aff., ¶ 6]. (The other inmates in Wolf-B
Dorm were African-American, while Derouen is white). Derouen
further avers that he asked Savoy to let him out of the dorm
“before I have to fight.” Id. at ¶
7. He avers that Savoy closed the door in his face and then
“stood still” and “looked” at Derouen
when Derouen “banged on the door to be let out.”
inmates then attacked and beat Derouen, and he avers that
Savoy was looking through the door. Derouen avers that he
then lost consciousness and “regained it as . . . Savoy
drug me out of the Wolf-B [Dorm] into the hallway.”
Id. at ¶ 10.
suffered facial injuries requiring stitches and
denies hearing any inmates making statements that they
intended to engage in an altercation with Derouen, harm him
in any way, or knowing in any way that Derouen was not safe
in the dorm. He, in fact, entered the dorm to engage
“the inmates attacking Jason Derouen, and assisted in
removing him from the dorm to safety.” [Doc. No. 18-10,
Savoy Declaration, Exh. C, ¶ 13].
the incident, Lieutenant Thane Dusek (“Dusek”) of
the St. Mary Parish Sheriffs Office conducted an
investigation. As part of the investigation, Dusek
interviewed Derouen and recorded the interview. Dusek
declares that he did not find out any information to indicate
that there was prior warning of an attack on Derouen.
Mary Parish Law Enforcement Center has a three-step
Administrative Remedy Procedure (“ARP”) which is
explained to all inmates. The procedure is found in the
facility policy manual and is also written on the ARP
grievance forms. Derouen never submitted a grievance about
his attack. However, Derouen was released from custody after
this incident took place.
the policy of the St. Mary Parish Sheriffs Office that all
newly hired Correctional Deputies will be P.O.S.T. certified
within one year of hiring. P.O.S.T. is an acronym for Peace
Officer Standards and Training and is administered by the
Louisiana P.O.S.T. Council. The P.O.S.T. Council consists of
three chiefs of police, three sheriffs, two district
attorneys, the Superintendent of State Police, the Attorney
General, the Executive Director of the Louisiana Commission
on Law Enforcement and Administration of Criminal Justice,
and the President of the Louisiana Chapter of the National
Constables' Association. The P.O.S.T. Council formulates
the training curriculum to train all law enforcement and
correctional officers in the state to comply with state and
federal training standards and requirements.
attended the 249-hour P.O.S.T. training course, completed the
course, and was awarded his P.O.S.T. certification on March
11, 2015. Savoy has also completed additional training
programs, in-house refresher courses, and obtained P.O.S.T.
firearms recertification each year. At the time he was hired
by the St. Mary Parish Sheriffs Office, Savoy had several