Dr. Shiva Akula, a long-time New Orleans physician, who was indicted on 23 counts of alleged Medicare fraud on August 6, 2021, vents frustration that Louisiana Attorney General (and candidate for Governor) Jeff Landry is stonewalling an investigation into an alleged $300,000+ payroll fraud which Akula asserts was committed by one or more disgruntled employees whom Akula alleges served as the sources for Federal prosecutors to procure what Akula asserts are bogus Medicare fraud charges against him.

On Friday, August 6, 2021, Dr. Shiva Akula, a long-time New Orleans physician, was indicted by a Federal grand jury which charged him with 23 counts of Medicare fraud. [Note:  CLICK HERE for the actual grand jury indictment charges].

We find particularly noteworthy that, of the 23 counts, 15 are for average amounts of $140.20 each, for a total of those 15 counts being $2,103.

Once the remaining eight (8) counts are tabulated, the total amount of alleged fraud is $114,626.  The U. S. Government admits this alleged fraud is out of $63+ million in billings and $47+ million in payments to Dr. Akula from January of 2013 through December of 2019.  By our math, that makes an alleged fraud rate (based on actual payments made) of 0.24 percent.

Dr. Akula has consistently maintained his steadfast innocence to all charges, and he goes further to allege that he was targeted after receiving a rather substantial payment from the U. S. Government about a decade ago for a settlement of prior Medicare discrepancies for which he was owed recovery.

On Wednesday, April 26, 2023, Dr. Akula sat down with Belinda Parker Brown of Louisiana United International to discuss what Akula alleges is recently-uncovered evidence of $300,000+ of payroll fraud for which Attorney General (and candidate for Governor) Jeff Landry has kept tied up for 18 months notwithstanding Akula’s contention that Landry’s investigative team indicated to an associate eight months ago that arrest(s) would be forthcoming soon.  Let’s take a look at this fascinating interview:

April 26, 2023:  LUI Founder Belinda Parker Brown interviews Dr. Akula about allegations that Attorney General (and candidate for Louisiana Governor) Jeff Landry is stonewalling allegations that Akula’s company was the victim of over $300,000 in payroll fraud he alleges was committed by “disgruntled former employees” who then conspired with Assistant U. S. Attorney Kathryn McHugh to falsely accuse him of counts of Medicare fraud.

As stated on the interview, Akula, on March 23, 2023, filed this Motion to Disqualify Assistant U. S. Attorney Kathryn McHugh as a result of alleged attempted ex parte communications and a “lack of candor” to a Federal Judge.

It should be noted that, included within the just-linked Motion, which Akula filed pro se, is this January 26, 2022 Minute Entry and Amended Order in which Federal Judge Karen Wells Roby did in fact admonished McHugh for demonstrating a “lack of candor” to the Court and also for attempting to engage in ex parte communications on the criminal case pending against Akula.

Let’s take a look at some of the highlights of Akula’s Motion to Disqualify McHugh (though we would strongly recommend clicking on the link and reading the entire document, as we found it to be an utterly fascinating read — ignore the numbers that appear to the left of the paragraphs)!:

NOW INTO COURT, Defendant, SHIVA AK.ULA, (“Dr. Akula”), moves to Disqualify AUSA Kathryn McHugh, and states as follows:

Assistant United States Attorney Kathryn McHugh must be recused, disqualified, and prevented from any further investigation or prosecution involving this matter.

A pattern of prosecutorial misconduct by McHugh has been pervasive and present in these proceedings from the get go.

Dr. Akula has acquired evidence that McHugh has been directing one of Dr. Akula’s employees to retrieve information from Canon Hospice, by stealing information and providing it to McHugh illegally, without the authority of a search warrant.

First, in August 2021, it was a one page document. This one page document, dubbed as the “Press Release”, ¹ was at all times the property of Canon Hospice. See Exhibit 1. At the direction and instruction by McHugh to an unknown employee at Canon Hospice, this one page document was delivered to McHugh. McHugh then used this Press Release to issue grand jury subpoenas to the physician advocacy group which drafted the Press Release for the benefit of Dr. Akula.

Then, most recently, on March 7, 2023, after Dr. Akula was provided for the first time with the government’s discovery, through Stephen Shapiro, in reviewing the discovery, Dr. Akula uncovered personal handwritten notes of Dr. Akula himself, that also appear to have been illegally and without the authority of a search warrant, removed from his office and delivered to McHugh. See Exhibit 2. The time frame of the handwritten notes (Exhibit 2) and the one page Press Release (Exhibit 1) appear to be the same- after the indictment and around the time of “detention” hearing. It appears that the government turned around and produced these handwritten notes to Dr. Akula inadvertently.

McHugh has exhibited a deeply concerning lack of candor and persistence to present false information to the court and/or the grand jury which has reached a prohibitive level for her to continue as a prosecutor in this case.

1. In 2013, an unprecedented settlement was reached between Akula and the Department of Justice where, not Dr. Akula, but the DOJ settled claims that were filed against it for attorneys’ fees requiring the DOJ to pay Dr. Akula the total sum of $704,881.58 in Canon Health Care v. Kathleen Sebelies 2:12-cv-02120. See Exhibit 2.  Dr. Akula was represented by Attorney Les Johnson in this settled case.
   1. Immediately after this settlement, in fact, almost instantly, and in retaliation, an audit notification was sent to Canon Hospice for hundreds of patients which ultimately culminated in the criminal investigation that then led to the instant indictment against Dr. Akula.
   2. On April 17, 2018, relying on the audits that were sent out immediately after the settlement of $704,881.58, the FBI executed a search warrant at the Canon hospice facility in South Shore, seizing patient records, billing records, and a large number of emails consisting of attorney-client communications between Dr. Akula and his own in-house counsel, Les Johnson.
   3. From 2018 through 2021, Senior Prosecutor Patrice Sullivan was in charge of the Akula criminal investigation. Under Senior Prosecutor Sullivan, and pursuant to extensive grand jury subpoenas, there were two failed true bills by the grand jury.
   4. After Sullivan left the Eastern District of Louisiana, at a time when there was a widely known internal reorganization at the United States Attorney for the Eastern District of Louisiana, Junior Prosecutor, Kathryn McHugh was assigned to Dr. Akula’s case.
      1. On July 29, 2021, Akula authorized PAA to contact McHugh so that a meeting between Dr. Akula and PAA can occur in which explanations and clarifications could be provided to the government regarding numerous misconceptions by McHugh. See Exhibit 4.
      2. McHugh did not respond to PAA’s outreach efforts and within just a few days of the attempt to set up a meeting, on August 5, 2021, McHugh filed her indictment against Dr. Akula, alleging 23 counts of healthcare fraud. Doc 1.
      3. The government then issued its DOJ press release regarding Akula.  about July 2021, Akula heard of a physician advocacy group, known as Physicians Against Abuse, (“PAA”). After contacting the group, Dr. Akula realized that he definitely needed to see the government’s purported evidence that established guilt on his part. Dr. Akula also realized that it appeared that the government did not understand fully that Dr. Akula was not the provider for any of the patients subject of the indictment as these hospice patients received their medical care directly from a third party group, Ochsner Physicians. In fact, Dr. Akula was not involved in making the decision of what medical care was delivered and therefore what billing was used for any of the patients which was being investigated by the government.  See Exhibit 5.
          
         4. PAA responded in kind and drafted its Press Release. See Exhibit 1.

         Although the Press Release never made it to the media, it was highly critical of McHugh. PAA’s release was only provided internally to a single Canon Hospice employee. Next thing, McHugh had obtained a copy of this internal document, without the authority of a search warrant.

         5. PAA’s Press Release was a turning point for McHugh as it converted this prosecution to one that became personal for McHugh.

1. To serve her revenge for the unpleasant comments about McHugh in PAA’s Press Release, McHugh fabricated lies that PAA and its Board Member, Christina Paylan Black (“Dr. Black”) were purportedly engaging in witness tampering. McHugh made up these lies so she could use grand jury subpoena power to acquire all communications between Dr. Akula and PAA and Dr. Black.
2. PAA’s Press Release about McHugh was on August 6, 2021, and on August 12, 2021, Black and PAA were served with grand jury subpoenas by McHugh where the subpoenas were delivered by United States Marshall to Dr. Black at her private residence in Treasure Island, Florida. ²
3. Subsequently, McHugh communicated to PAA’s counsel that she was pursuing witness intimidation charges against Akula, Dr. Black and PAA based on this Press Release, threatening Dr. Akula with more charges, and threatening Dr. Black and PAA with criminal investigation and prosecution. See Exhibit 6: Affidavit of Christina Black, MD.
   1. But McHugh was so adamant that Judge Roby know the so-called “background truth” about Black, that McHugh did the unthinkable by contacting Judge Roby’s chambers, ex parte, to tell her to contact another judicial officer, Judge Ashe before whom the grand jury subpoenas were being litigated. McHugh also relayed to Judge Roby, ex parte, to check not just Dr. Black’s background but also PAA’s website.³
   2. Based on McHugh’ s ex parte contact, Judge Roby was concerned about McHugh’s unethical conduct, and expressed her concerns in her order as follows:

   JUDGE ROBY:

   “Interestingly the government, despite its request to conduct research and submit a memorandum supporting its position that Dr. Black and Mr. Ohanian should not be granted authority to access the documents via the protective order, failed to do so.

   Oddly, and without response by the Court, on Tuesday, January 24, 2022, AUSA McHugh telephoned chambers and suggested that the undersigned speak to another district judge in the Court regarding information about Dr. Black which the undersigned remains unaware of. Finding the behavior inappropriate, and a possible attempt to have an ex parte communication with the Court, or to influence the Court’s decision, the undersigned ignored the call, took no action, and prepared for the status conference.

   McHugh also lacked candor by only disclosing that Dr. Black was involved in a press release leak and suggesting that there was an attempted to intimidate witnesses. AUSA McHugh clearly knew that the Court was being mislead and filed Isic] to correct the falsity.

   Finally, and most concerning is AUSA McHugh’s call to chambers suggesting the undersigned contact another judicial officer to obtain information regarding Dr. Black.  See Exhibit 7:  Order by Judge Roby.”

   Judge Roby’s January 2022 order outlining McHugh’s highly unethical behavior lacking candor with the Court, failing to correct falsity presented to the Court, would have called for permanent removal of any prosecutor in most United States Attorneys’ offices in the country. However, in the Eastern District of Louisiana, this kind of unethical conduct is apparently punishable only by a 6-month removal from the post at EDLA where McHugh was sent to Washington D.C. for a period of 6- months. At some point during the course of this 6-month removal from her post, McHugh herself claimed to Cassidy that she was sent to work on a “project”.

   McHugh’s behavior, lack of candor and persistent representation of false facts to this Court along with her unconventional arrangements for an unidentified employee or employees to steal documents that are the property of Canon without the lawful authority of a search warrant, have all significantly interfered with orderly progress and disposition in this case denying Dr. Akula his due process right to a normal, disinterested and ethical prosecutor.

   Based on the foregoing facts and the existing law on prosecutorial disqualification, the grounds for McHugh’s disqualification has been met.

   WHEREFORE, Defendant, SHIVA AKULA, respectfully requests that this Court issue an Order Disqualifying AUSA Kathryn McHugh, prohibiting her from being involved further in any investigation or prosecution in any manner connected to Dr. Akula, and grant any other relief as the Court may deem just and proper.

Here is the link for the Physicians Against Abuse website which McHugh apparently harbored such concern over that she would stoop to the lengths of attempting ex parte communications to alert another judge of the group’s existence!

Here are the latest filings on the matter:

Document # 193 filed on April 11, 2023:  Order continuing trial date from June 12, 2023 to July 10, 2023.

Document # 194 filed on April 11, 2023:  Order referring Akula’s Motion to Amend Protective Order to Magistrate Judge.

Document # 195 filed on April 12, 2023:  Government’s Opposition to Akula’s Motions

Document # 196 filed on April 11, 2023:  Order denying Akula’s Omnibus Motion to Compel.

Document # 197 filed on April 20, 2023:  Akula’s Objections to Magistrate’s Denial (Doc 196).

Document # 198 filed on April 20, 2023:  Order deeming Akula’s prior Objections to Protective Order effectively filed April 26, 2023.

Document # 199 filed on April 24, 2023:  Order for Government to file Response to Akula’s Objections by May 5, 2023.

Document # 200 filed on April 25, 2023:  Akula’s Reply on Motion to Modify Protective Order and Request for a Hearing.

That’s the most recent filings.

Now, as if all of that wasn’t enough, there are two other civil lawsuits entailing all of the above.  We’ll capture only the essence and current standing of each.

There is a lawsuit filed by Ochsner Clinic Foundation against Akula and his company, Canon Hospice, in 24th JDC in Jefferson Parish.  The suit alleges $461,182.81 in unpaid lease payments prior to Ochsner and Akula reaching agreement for him to vacate the Fourth Floor of his prior office located at 1221 South Clearview Parkway in Jefferson, Louisiana.

Akula has countersued Ochsner alleging that it failed to provide documentation pertinent to their agreement and that it (or agents acting on its behalf), “improperly certified and admitted patients for the hospice stays.”  Akula alleges that, Ochsner’s “unprofessionalism,” ultimately, “led to a criminal investigation against Plaintiff-in-reconvention (Akula) for failure to discharge patients in a timely manner for which it has never been responsible under the Associate Medical Directorship Agreement.”

On December 7, 2022, Akula fired his attorney in that civil matter, W. J. LeBlanc, Jr., and soon thereafter, retired Judge Morris W. Reed, Sr. enrolled as counsel of record.  He asserted that LeBlanc’s answers were, “woefully inadequate.”  He requested a 60-day period to familiarize himself fully with the case, and Defendants’ various Exceptions (seven individuals, to include six doctors, were also named as Defendants-in-Reconvention) were reset to April 18, 2023.  Here are the results of that April 18, 2023 hearing:

While we obviously weren’t at that April 18, 2023 hearing, somehow we’re willing to bet the judge overseeing the case didn’t threaten Dr. Akula with sanctions in the form of attorney fees the way Judge Vincent Borne did with Billy Broussard on February 15, 2023 if Broussard dared to amend his petition (and the exception be re-urged and deemed not to be cured via amendment) as the Judge has permitted Akula to do above!  As we’ve stated previously, we’ve attended tons of hearings for Rules to Show Cause, with at least 700 of them entailing Peremptory Exceptions, and Borne is the first judge we’ve ever seen make a less-than-subtle threat entailing attorney fees!

The last lawsuit entailing Dr. Akula is a Federal suit filed by him in Florida alleging a RICO scheme to essentially drive him straight out of business.  The matter was transferred to the Federal Court for the Eastern District of Louisiana.  In the most recent filing in that case, which was filed on April 17, 2023, Akula is provided until Wednesday, May 3, 2023 to amend his Petition and include a RICO Case statement.

Sound Off Louisiana founder Robert Burns is inclined to directly compare this case to one he worked on for months while serving as an FDIC fraud examiner; however, because of the length of this feature, he’ll postpone doing so for a couple of weeks and produce that feature as a follow-up to this one.  Also, as stated on the video above, we certainly intend to attend Dr. Akula’s criminal trial in July if it in fact does commence at that time.

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16th JDC Judge Lewis Pitman

The following short video captures the essence of Broussard v. LSP Trooper Scott Lopez and his son, Benjamin Cole, regarding today’s (April 24, 2023) hearing on Lopez’s Peremptory Exception of No Cause of Action:

April 24, 2023 brief overview and interview with Billy Broussard regarding the Peremptory Exception filed by Scott and Benjamin Lopez argued before Judge Lewis Pitman on April 24, 2023.

As we indicated, we’re placing an order for a transcript mainly because, in our opinion, it will offer a very, very sharp contrast to the transcript of February 15, 2023 entailing Broussard v. Mendy “Mob Boss” Girouard et. al. in which a similar Peremptory Exception was urged.

Beyond the complimentary words which Judge Pitman had for Broussard, to include him, “posing arguments better than some attorneys who have argued before me,” we find it noteworthy that, on the just-linked transcript, Judge Vincent Borne seemed fixated on awarding attorney fees to Girouard and her co-defendant, Melissa Dubroc, while Judge Pitman never even uttered the first word about any such potential imposition of attorney fees.

As Burns noted on the video above, Pitman (not quite verbatim) looked at defense attorney Eric Haik, and said (again, not quite verbatim, but we’ll soon have the transcript), “I’m sorry about the time and resources, but I have to render decisions within the confines of the law.”  What an absolutely awesome utterance!  Also, to his credit, Haik stated that he fully understood Judge Pitman’s position.

Most of Haik’s arguments centered around LSP Trooper Lopez’s First Amendment Right of Free Speech, making it all the more perplexing that Haik failed to assert LA CCP Article 971.  Had he done so within the 90-day period after service was perfected, he may have prevailed in his quest for attorney fees since a party prevailing in asserting such a Special Motion to Strike, “shall be awarded reasonable attorney fees and costs.”

It just may be that Haik doesn’t routinely practice civil defense litigation but rather more commonly represents plaintiffs.  If so, the situation may be akin to asking the offensive coordinator of a football team to be the defensive coordinator for a season after having spent decades running the offense.  That’s just a theory because we have to believe that attorney Amy Groves Lowe would most certainly have filed a Special Motion to Strike.  From Groves Lowe’s professional profile:

Amy has more than 20 years of experience in representing public agencies, public employees and public officials in federal and state courts, in administrative hearings, and before the Louisiana Legislature.

As we’ve previously indicated, Groves Lowe very recently prevailed on an assertion of LA CCP Article 971 in obtaining a $9,700 award of attorney’s fees against former ATC Commissioner Murphy Painter in defense of his former investigator, Shane Evans.

If you would like to be added to our Sound Off Louisiana email list to be notified of future posts, simply go to our home page and scroll to the bottom (mobile devices) or to the top of the right-hand column (desktops).  Supply your email address within the subscribe box.  You’ll then receive an automated email from Word Press, and all you have to do is click on the blue “confirm follow” bar contained within that email, and you’ll begin receiving great posts such as the preceding one above.

A pie chart of Louisiana State Police (LSP) demographics by gender which was presented to the LSP Commission (LSPC) on Thursday, April 13, 2023, prompting Chairman Eulis Simien, Jr., to assess the chart as, “screaming out.”  Simien, who had pressed LSP’s upper brass for demographics for months, focused on those demographics in emphasizing to LSP’s upper brass that the agency must be, “conscious of what our community looks like,” in making its hiring and promotional decisions.

On October 17, 2022, we published this feature indicating that white male Louisiana State Police (LSP) Troopers were irate at Col. Lamar Davis’ alleged fixation on hiring and promoting women and African Americans over them.  Numerous troopers (and we emphasize “numerous”) contacted us indicating they’d recently decided they’d had enough of Davis and his fixation on that practice and left the agency as a result.

On October 31, 2022, we followed that feature up with this feature wherein LSP Trooper Scott Lopez stated on video that Troopers were, “dropping like flies” notwithstanding the fact they were, “knocking back $150,000 to $160,000 a year working LACE overtime at $80 – $83/hour because that’s how bad it is.”

We’ve since been inundated with even more complaints about how the hiring and promoting trend has, “only gotten much worse” since our features linked above.

That anger is likely to skyrocket after the most recent meeting of the LSPC of Thursday, April 13, 2023.

Leading up to that meeting, LSPC Chairman Eulis Simien, Jr. had been pushing LSP’s upper brass for months to provide him and the Commission with demographics both of LSP and LSP’s WAE (when actually employed) program.  LSP Chief of Staff, Chavez Cammon, provided Simien with the material he’d been requesting at that meeting.

Simien made it clear his dissatisfaction with the data, and he issued to Davis and Cammon essentially a directive for LSP, “to be conscious of what our community looks like,” in making future hiring and promotional decisions.  Let’s take a look at that segment of the meeting at this time:

April 13, 2023 LSPC meeting during which LSPC Chairman Eulis Simien, Jr., after pressing for months for LSP demographic data, indicates to LSP Col. Davis and Chief of Staff Chavez Cammon that LSP needs, “to be conscious of what our community looks like,” in making future hiring and promotional decisions.

At this time, let us present the material the LSPC members had for their review:

Perhaps nothing demonstrates the discontent of the male white troopers remaining at LSP and those who have recently left in frustration more than this March 1, 2023 Federal Lawsuit alleging reverse discrimination filed by former LSP Trooper John Stelly.  Let’s take a look at highlights from the suit:

Plaintiff John R. Stelly, II (“Plaintiff” or “Lt. Stelly”) is a White resident of the state of Montana. He was employed by the State of Louisiana, Department of Public Safety and Corrections, Office of State Police (“LSP”).

Plaintiff began his employment with LSP on January 22, 1995. On May 5, 1995, Plaintiff was commissioned to Trooper and assigned to Troop B. On December 27, 2001, after five years of service as a Trooper, Plaintiff was promoted to Sergeant in Troop B.

On August 10, 2004, after four years of service as sergeant, Plaintiff was promoted to lieutenant in Troop B. After serving two years as a lieutenant, he was eligible for promotion to captain.

LSP denied Lt. Stelly promotion from lieutenant to captain because of race discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

LSP denied him promotion from lieutenant to captain because of race discrimination, in violation of 42 U.S.C. § 1981..

Lt. Stelly remained eligible for promotion until he was constructively discharged in 2021, having been denied promotion to captain thirty-one (31) times during the period 2008-2021. LSP constructively discharged Lt. Stelly when he retired on December 18, 2021, in violation of Section 1981 and Title VII.

On May 5, 2022, Lt. Stelly filed an EEOC Charge of Discrimination asserting violations based on race discrimination under Title VII of the Civil Rights Act of 1964, as amended. This charge was docketed with the EEOC as Charge No. 461-2022-01474.

The EEOC issued its determination of charge and right to sue letter on December 1, 2022 regarding Lt. Stelly’s claims of race discrimination under Title VII of the Civil Rights Act of 1964, as amended.

Lt. Stelly’s merit and efficiency were at the very top level for all 17 of his annual evaluations as a Louisiana State Police (LSP) lieutenant. Lt. Stelly’s annual performance evaluations were evaluated by 5 captains and reviewed by 8 majors. Without exception, Lt. Stelly scored at  the  highest level on each of 11 factors in each evaluation, from 2008 until 2021.

Looking particularly at Lt. Stelly’s last four evaluations as a lieutenant, Captain Donovan Archote, Lt. Stelly’s supervisor, wrote:

“You have met and exceeded all work and behavior expectations that had been set for you. Your work ethic, knowledge, dependability, and loyalty are truly appreciated by me and everyone here at the Troop. Thank you for being a leader on our team and taking care of Troop B duties when I am away. When given the opportunity to run a command, I know you will excel and be very successful.”

When Lt. Stelly joined the LSP in 1995, Lt. Stelly had earned a Bachelor of Science Degree in Mathematics, a Bachelor of Science Degree in Computer Science, and Master of Science Degree in Mathematics. Also prior to joining the LSP, Lt. Stelly had started earning his PhD in Computer Science. Lt. Stelly has a higher level of formal academic education than the other candidates for the captain positions that Lt. Stelly applied for.

Lt. Stelly observed that he was being denied promotion to captain when he was an eligible candidate for promotion to a captain position in Internal Affairs. That promotion was awarded on September 6, 2017, to Lt. Chavez Cammon, Black, who had the bare minimum of two years of time in grade as a lieutenant. At that time, Lt. Stelly had 13 years of time in grade. At that time Lt. Stelly had 4.5 years more than Lt. Cammon in years of service.

The promotion choices since 09/06/17 by the LSP to captain for positions that Lt. Stelly applied for are:

Panel	Race	Date of promotion	Section	Candidate chosen
1	B	09/06/17	Internal Affairs	Chavez Cammon
2	B	04/25/18	Gaming	Kenneth VanBuren
3	W	07/26/18	Technical Support Services	Christopher Eskew
4	W	08/23/18	Troop N	Dean Behrens

 

5	B	10/03/18	Technology/ Business   Support	Lamar Davis
6	W	10/03/18	Investigative Support   Services	Robert Hodges
7	W	10/03/18	Crime Lab	Kevin Marcel
8	W	02/06/19	Public Affairs	JB Slaton
9	W	06/25/20	Gaming	Pat Bradley
10	B	10/20/20	Troop L	Hiram Mason
11	B	11/24/20	Technical Support Services	Aaron Marcelle
12	W	11/24/20	Technology/ Business   Support	David Stelly
13	W	01/07/21	Police Logistical Services	Nicole Kilgore
14	W	02/10/21	Public Affairs	Nicholas Manale
15	B	05/19/21	Internal Affairs	Treone Lavardain
16	Non-W	07/09/21	Operational Development	Robert Burns
17	B	07/09/21	Gaming	Salem EIAmin
18	W	08/26/21	LCJIS	Jonas Martin

Black candidates comprised an approximate average of 19.4% of each of Lt. Stelly’s 18 promotional panels for captain in this table. The Department chose black candidates for promotion in these panels 38.9% of the time. The statistical analysis of this data is that the number of black candidates promoted from September 2017 through August 2021 deviated above the expected number by more than two standard deviations.

On April 25, 2018, Lt. Kenneth VanBuren, Black, was promoted to captain and Lt. Stelly was not promoted although he was on the eligible list.

On October 3, 2018, Lt. Lamar Davis, Black, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. Davis was 13^th on the list. Also Lt. Stelly had 3 more years in years of service than Lt. Davis and 5 more years in time in grade.

On October 20, 2020, Lt. Hiram Mason, Black, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. Mason was 6^th on the list. Also Lt. Stelly had a few more months in years of service than Lt. Mason and 13 more years in time in grade.

On November 24, 2020, Lt. Aaron Marcelle, Black, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. Marcelle was 4^th on the list. Also Lt. Stelly had 6 more years in years of service than Lt. Marcelle and 13 more years in time in grade.

On May 19, 2021, Lt. Treone Lavardain, Black, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. Lavardain was 4^th on the list. Also Lt. Stelly had 11 more years in years of service than Lt. Larrvadain and 10 more years in time in grade.

On July 9, 2021, Lt. Robert Burns, non-White, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. Burns was 2nd on the list. Also Lt. Stelly had 7 more years in years of service than Lt. Burns and 10 more years in time in grade.

On July 9, 2021, Lt. Salem El Amin, Black, was promoted to captain and Lt. Stelly was not promoted although Lt. Stelly was first on the eligible list and Lt. El Amin was 8^th and last on the list. Also Lt. Stelly had 9 more years in years of service than Lt. El Amin and 14 more years in time in grade.

In early 2019, Cpt. Archote told Lt. Stelly, before the interviews were conducted for selection of a trooper-level position in Troop B for the position of Public Information Officer, that the Department’s position was that a black trooper would be selected. When Lt. Stelly objected to this racial preference, Cpt. Archote stated that that is just the way it is. This conversation took place in Lt. Stelly’s office just prior to the interviews conducted at Troop B. A black trooper, in fact the only black trooper who applied, was selected.

Days prior to Lt. Stelly’s May 19, 2021, promotional panel for Internal Affairs, Cpt. Archote called LTC Chavez Cammon to speak on Lt. Stelly’s behalf and recommend him for the position. On May 14, 2021, during a closed-door meeting in Cpt. Archote’s office, Cpt. Archote told him of his conversation with LTC Cammon and said that LTC Cammon replied, “Did you see who’s on the list?” upon his recommending me to Cammon. C p t . Archote and Lt. Stelly took LTC Cammon’s response to refer to the fact that Lt. Larvadain, the only black candidate, would be selected for promotion. She was indeed selected.

On July 29 and 30, 2022, Cpt. Archote and Lt. Stelly spoke via phone. As a longtime advocate for Lt. Stelly’s promotion, Archote repeated his position that Lt. Stelly certainly deserved to have been promoted to at least captain. Cpt. Archote mentioned LSP COL Lamar Davis’ had repeated that he intends to increase (racial) diversity at LSP. COL Davis has stated this position in public.² Cpt. Archote told Lt. Stelly that Lt. Stelly’s not having been promoted to captain due in part to its being inconsistent with Davis’ goal.

Lt. Stelly’s race, White, was a motivating factor in his non-selection for promotion to captain for the positions stated in paragraphs 28-32 above.

LSP has proffered no legitimate, non-discriminatory reasons for Lt. Stelly’s non-selection for promotion to captain for the positions stated in paragraphs 28-32 above.

Whatever alleged legitimate, non-discriminatory reasons that may be offered by LSP for Lt. Stelly’s non-selection for promotion to captain for the positions stated in paragraphs 28-32 above, if any, will be a pretext for discrimination based on Lt. Stelly’s race.

LSP made Lt. Stelly’s work conditions so intolerable that a reasonable employee would feel compelled to resign. Because LSP failed to promote Lt. Stelly to captain for 31 times for a period of 13 years when he was consistently the top scorer on the open competitive exams for each of the 31 positions applied for was humiliating for Lt. Stelly with his peers and with his spouse. This humiliation by LSP was calculated to encourage the employee’s early retirement.

Wherefore, the Plaintiff respectfully requests that this Court:

 

1. Order Defendant to make whole Lt. Stelly by providing appropriate backpay and loss of benefits with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment
2. Order Defendant to make whole Lt. Stelly by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at
3. Order Defendant to make whole Lt. Stelly by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, in amounts to be determined at trial.

 

1. Award attorney fees and costs in this

 

1. Grant such further legal or equitable relief as the Court deems necessary and proper.

JURY TRIAL DEMAND

In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Plaintiff hereby requests a jury on all issues raised in the instant Complaint which may be tried by jury.

We expect to be following up this article with more details as we near the end of our long-term project of the promotional table we began once troopers alerted us to these trends.  At present, that table is about 50-60% complete.  Let’s provide its present status at this time:

Once we’ve completed the promotional table, we’ll start to work on the resignations table.  By our own admission, it has been (and will continue to be) a monumental task, but it looks like one or more attorneys may find all of our work just may make life easier on their ends.  We say that because, if what we hear is accurate, Stelly’s lawsuit is going to be far from the last one to be filed asserting claims similar to his.  Once they materialize, we will certainly report upon them just as we did for Stelly.

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