Even as Louisiana State Police Commission issues directives for significant additional minority hiring, former LSP Trooper John Stelly files suit alleging reverse discrimination.

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:

PanelRaceDate of promotionSectionCandidate chosen
1B09/06/17Internal AffairsChavez Cammon
2B04/25/18GamingKenneth VanBuren
3W07/26/18Technical Support ServicesChristopher Eskew
4W08/23/18Troop NDean Behrens

 

5B10/03/18Technology/ Business

 

Support

Lamar Davis
6W10/03/18Investigative Support

 

Services

Robert Hodges
7W10/03/18Crime LabKevin Marcel
8W02/06/19Public AffairsJB Slaton
9W06/25/20GamingPat Bradley
10B10/20/20Troop LHiram Mason
11B11/24/20Technical Support ServicesAaron Marcelle
12W11/24/20Technology/ Business

 

Support

David Stelly
13W01/07/21Police Logistical ServicesNicole Kilgore
14W02/10/21Public AffairsNicholas Manale
15B05/19/21Internal AffairsTreone Lavardain
16Non-W07/09/21Operational DevelopmentRobert Burns
17B07/09/21GamingSalem EIAmin
18W08/26/21LCJISJonas 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 13th 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 6th 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 4th 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 4th 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 8th 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:

Promotional Opportunity and Close DateName, Race, and Gender of Applicant SelectedName(s), Race(s), and Gender(s) of Other Eligibles Not Selected
Sergeant, Troop D (Lake Charles), 8/23/22.Julia Amanda Willis (WF)Daniel Fontenot (WM)
Andrew Leonardo (WM)
Alexander Wiltz (WM)
Brock Moses (WM)

CLICK HERE for promotional summaries.
Major, Statewide, BOI Criminal Investigations Division, April 6, 2022Treone Larvadain (BF)Robert Hodges (WM)
Heath Guillotte (WM)

CLICK HERE for promotional summaries.
Captain, Technical Support Services (Baton Rouge), 12/10/20Aaron Marcelle (BM)John Stelly (WM)
David Stelly (WM)
Adam Albright (WM)
Nicole Kilgore (WF)
Robert Burns (Asian Male)
Rodney Hyatt (Asian Male)
Matt Landry (WM)
Jonas Martin (WM)
Sergeant, Protective Services (Baton Rouge), 12/14/20John Doiron (WM)Christopher Leday (BM)
Damien McAlister (BM)
Joshua Nations (WM)
Sergeant, Troop I (Lafayette), 12/17/20Bobby Falcon (WM)Arnold Hanks (WM)
Christopher Theriot (WM)
Eric Regan (WM)
Jason Flack (WM)
Joseph Miller (WM)
Captain, Technology & Business Support (Baton Rouge), 1/4/21David Stelly (WM)John Stelly (WM)
Adam Albright (WM)
Nicole Kilgore (WF)
Robert Burns (Asian Male)
Rodney Hyatt (Asian Male)
Matt Landry (WM)
Jonas Martin (WM)
Mark Fontenot (WM)
Lieutenant, BOI (Statewide - Insurance Fraud, Auto Theft) , 1/25/21Michael Wilkerson (BM)Lawrence Zeller (WM)
Eric Adams (WM)
Lenias Marie (WM)
Ken Pevoto (WM)
Alan Arcana (WM)
Jesse Brown (WM)
Theodore Chantlin (BM)
Amanda Fournier (WM)
Paul Voitier, IV (WM)
Timothy Duncan (BM)

Lieutenant, BOI, Statewide (Insurance Fraud & Auto Theft), 1/25/21.Arnell Garner (BM)Ralph Onstad, Jr. (WM)
Huey Lee McCartney (WM)
William Bosworth (WM)
Justin Berry (WM)
Lenias Marie (WM)
Kirk J. Thibodeaux (WM)
Jesse Brown (WM)
Jessie Shelton (WM)
Sergeant, BOI (Gaming) Breaux Bridge, St. Martin area, 2/11/21.Paul Dubois (WM)Charity Knoblock (WM)
Jesse La Grange (WM)
Leon Defelice (WM)
Ronald Dawsey (WM)
Todd Christopher McConnell (WM)
Jason Flack (WM)
Timothy Barlow (BM)
Jacob Dickinson (WM)
Christopher Lee Mason (WM)
Sergeant (Patrol), Troop F (Monore), 2/11/21.Justin Stephenson (WM)Steven Painhower (WM)
David Cummings (WM)
Michael Williamson (WM)
Ryan Baker (WM)
James Olmstead (WM)
Robert Roach (WM)
William Woodward (WM)
Ronald Rhone (BM)
Emmanuel Cole DeLaSalle (WM)
Michael Reichardt (WM)
Captain, Baton Rouge (Police Logistical Services), 2/11/21.Nicole Kilgore (WF)John Stelly (WM)
Adam Albright (WM)
Roland Jude Mathews (WM)
Jason G. Jacob (WM)
Robert Burns II (Asian Male)
Lanny Bergeron (WM)
Matt Landry
Rodney Hyatt (Asian Male)
Captain, Public Affairs Recruiting (Baton Rouge), 1/12/21Nick Manale (WM)John Stelly (WM)
Adam Albright (WM)
Robert Burns II (Asian Male)
Rodney Hyatt (Asian Male)
Jonas Martin (WM)
Mark Fontenot (WM)
Lieutenant, Alexandria (Troop E), 1/14/21.Aaron Raines (WM)Justin Bertrand (WM)
Michael Nugent (WM)
Ed Jason Francis (WM)
Amanda Fournier (WF)
John David Jett (WM)
Lieutenant, Alexandria (Troop E), 1/21/21.Amanda Fournier (WF)Justin Bertrand (WM)
Michael Nugent (WM)
Ed Jason Francis (WM)
Aaron Raines (WM)
John David Jett (WM)
Major, Statewide, Bureau of Investigations, Criminal Investigations Division, 1/29/21Jason Turner (WM)William Bradford Cook (WM)
Heath Guillotte (WM)
Robert Hodges (WM)
Trevor Smith (WM)

Sergeant, Criminal Investigations Division, New Orleans Office, 1/21/21.Samuel Boyd (BM)Leander Journee (BM)
Brandon J. Beaudoin (WM)
Burnell Thompson III (BM)
Jeff Argave (WM)
John Martinez (Hispanic M)
Rhonda B. Trapani (WF)
Nicole Barbe (WF)
Russell Brue (WM)
Michael A. Mims (BM)
Sergeant, Criminal Intelligence Division - Insurance Fraud, Bossier City (Troop G), 1/21/21.James David Jernigan (WM)Lawrence Hartsfield (WM)
Jason Flack (WM)
Jullian Anderson (BM)
Glenn Allen Younger (WM)
Lieutenant, Lafayette (Troop I), 1/21/21.David Speyrer (WM)Samuel "Bart" Delino (WM)
Joshua Arvie (BM)
Scott Verret (WM)
LSP Pilot, Alexandria, 1/14/21.Joseph Dessens (WM)William Brady Cook (WM)
Erik Stratton (WM)
Erin Williams (BM)
Lieutenant, Bossier City (Troop G), 1/14/21.George Strickland (WM)Chad Finn (WM)
Hackley Willis (WM)
Paul J. Harris (WM)
Amanda Fournier (WF)
Lieutenant, Baton Rouge (SWAT Supervisor), 4/6/22.Philip Hanks (WM)Jason Lamarca (WM)
Prentiss Bellue (WM)
Emergency Response (TESS) Baton Rouge, Troop A, 2/11/22.Ryan Zimmerman (WM)Ryan Beard (WM)
Jeremy Broussard (WM)
Dylan Doucet (WM)
Ryan Fontenot (WM)
David Hernandez (WM)
Brady Johnson (WM)
Tommy Lea (WM)
Albert Martin (WM)
Ashton McRae (WM)
Timothy Moise (WM)
Derrick Parish (WM)
Jake Patin (WM)
Chad Richard (WM)
Jared Taylor (WM)
Sergeant, Troop B (Kenner), 2/8/22.Brian Melvin (WM)Michael Mims (BM)
Jared Taylor (WM)
Shawn Boyd, Sr. (BM)
Lance Lavigne (BM)
Cameron Crockett (WM)
Tagie Journee (BM)
Andrew Mai (Asian Male)
Sergeant, Monroe - BOI, Criminal Intelligence, 2/7/22.Daniel Grissom (WM)David Cummings (WM)
Ryan Baker (WM)
Nicholas Blake (WM)
Christopher Voinche (WM)
Jonathan Chapman (WM)
Lieutenant, Statewide (Patrol), 2/7/22.James Jefferson (BM)Walter Mire (WM)
Hackley Willis (WM)
Ryan Zimmerman (WM)
Prentiss Belle (WM)
Rhon Bordelon (WM)
Paul Harris (WM)
Sergeant, Troop G (Bossier), 1/26/22Bradley Choate (WM)Sterling Bret Davis (WM)
Justin Morris (WM)
Jayson Linebaugh (WM)
Cody Williams (WM)
Andrew Phillips (WM)
Melvin Massey (WM)
Sergeant, Troop G (Bossier), 1/26/22.Brandon Cobb (WM)Sterling Bret Davis (WM)
Justin Morris (WM)
Jayson Linebaugh (WM)
Cody Williams (WM)
Bradley Choate (WM)
Andrew Phillips (WM)
Melvin Massey (WM)
Lieutenant, Troop E (Alexandria), 1/21/22.Michael Nugent (WM)Ed J. Francis (WM)
Sergeant, Troop F (Monroe), BOI (Insurance Fraud), 1/13/22.Justin Morris (WM)David Cummings (WM)
Lawrence Hartsfield (WM)
Robert Roach (WM)
Kevin Knight (WM)
Captain, Baton Rouge (Crime Lab), 1/11/22.Chad Guidry (WM)Rodney Hyatt (Asian Male)
Lance Kennedy (WM)
Joseph Patout (WM)

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.

 

Judge Walter Lanier, III, Louisiana Supreme Court’s designee to hear Borne recusal, references attorney-fee wording as “artful,” prompting Billy Broussard to provide attorney Eric Haik with “remedial training.”

Attorney Eric Haik, whom Billy Broussard, in a filing of Thursday, April 13, 2023, disclosed he’d provided “remedial training” to entailing La CCP Article 971 (Special Motion to Strike) and the ability to recover “reasonable attorney fees” through it.  Broussard also alleged in that same court filing that Haik, attorney Ali LeBlanc, and 16th JDC Judge Vincent Borne showed total disregard for Louisiana Court Regulation Local Rule 9.5 to such an extent that they just, “threw it right out the window” on February 15, 2023.

On Saturday, April 15, 2023, Billy Broussard sat down with us to update everyone on the current status of his two sepearate defamation lawsuits, one of which is against Louisiana State Police (LSP) Trooper Scott Lopez and his son, Benjamin Cole Lopez, and the other of which is against Melissa Dubroc and Mendy “Mob Boss” Girouard.

Broussard provided the update a mere two (2) days after filing this April 13, 2023 Opposition Memorandum to Lopez & Lopez’s Peremptory Exception of No Cause of Action, which is scheduled to be argued in front of Judge Lewis Pitman on Monday, April 24, 2023 at 9:00 a.m.

Let’s first present a video of Broussard updating everyone on the status of the two suits, after which we’ll put on full display highlights of Broussard’s Exception Memorandum and conclude with a table of key filings and other documents in the “Mob Boss” Litigation.  Here’s Broussard’s discussion with us of Saturday, April 15, 2023:


4/15/23:  Broussard provides an overview of his two defemation lawsuits entailing LSP Trooper Scott Lopez and his son, Benjamin and the second lawsuit entailing Melissa Dubroc and Mendy “Mob Boss” Girouard.

Okay.  Now, from Broussard’s 4/13/23 Opposition Memorandum on the Lopez litigation linked above:

Plaintiff begins this Memorandum by quoting a portion of Defendants’ Exception (boldface emphasis is that of Plaintiff):

“ A similar Exception of No Cause of Action was filed by Defendants in that case. The Exception hearing took place on February 15, 2023. Judge Borne granted Defendants’ Exception and allowed Petitioner 15 days to either amend his Petition with valid allegations or voluntarily dismiss the suit. The Court sternly advised Petitioner that if a second No Cause/No Right of Action is filed by Defendants and granted, then the Court will assess all costs and attorney’s fees to Petitioner at that time. It is urged that this Court consider following suit to that of Judge Borne and grant the subject Exception of No Cause of Action with the same or similar consequences.”

Defendants’ plea for this Court to “consider following suit” is made notwithstanding Defendants’ knowledge of Plaintiff’s Motion to Recuse Trial Judge Borne over his “stern advice” (a phraseology to which Plaintiff takes strong exception as what was uttered in Court by Judge Borne could be construed as nothing short of threats which he reinforced five or six times and added, “Do you understand me?” as if Plaintiff were a criminal facing sentencing during one of the criminal matters on the docket that same day).  Judge Borne, on five or six occasions, as reflected in the official court transcript, stated that he would impose sanctions against Plaintiff if he amended his Petition, the Exception was re-urged, and the Exception was granted a second time.

The Judge overseeing the Recusal Motion, First Circuit Court of Appeal Judge Walter Lanier III, whom the Louisiana Supreme Court appointed to hear the matter upon submission of the Motion by this Court, used the adjective of “artful” to describe Judge Borne’s repeated threats of sanctions made to Plaintiff as referenced above.  Just as Plaintiff requested be added to the Judgment’s wording for that hearing, “artful” has the following synonyms listed in the Merriam-Webster dictionary (among others):  scheming, devious, deceitful, deceptive, dishonest, cheating, underhanded, untrustworthy, and unscrupulous.

Further, Judge Lanier stated that, because any such future imposition of attorney fees constituted a “contingent event,” the Court could not consider such a future contingency as part of the Court’s consideration of Plaintiff’s Motion to Recuse.  There would be little point for Judge Lanier to reference that fact were it not to implicitly communicate that, had Judge Borne imposed any such sanctions on February 15, 2023, he would have granted the Motion to Recuse.

Notwithstanding all of the foregoing, Defense Counsel Haik, despite the knowledge that he should possess given his years of practicing law, appears to need remedial training regarding the conditions for which any such imposition of sanctions would apply.  Let Plaintiff provide a refresher course in that regard:  Sanctions may be applicable generally under one of the following four (4) conditions:

#1) a  contract exists between the parties calling for the prevailing party to recover attorney fees against the losing party (no such contract exists in the instant matter),

#2) a specific statute by which attorney fees may be awarded, and Defense Counsel Haik knows that no such provision is contained in LA CCP Article 934 pertaining to Peremptory Exceptions which would provide for the awarding of any attorney fees,

3) a party has formally moved for attorney fees through asserting LA CCP Article 863, which was not done in the instant matter because any such filing would fail miserably to survive the standard for awarding such attorney fees,

or #4) asserting that Plaintiff violated a Court Order, which is completely inapplicable in the instant matter.

Defense Counsel Haik could have asserted LA CCP Article 971 (Special Motion to Strike) and thereby utilized its statutory provision to formally seek reasonable attorney fees from Plaintiff Under LA CCP Article 971(B).  That subsection states, in pertinent part:  “In any action subject to Paragraph A of this Article, a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs.”  Defense attorney Haik failed to file such a Motion; furthermore, the 90-day window from the time of service of the Petition upon Defendants in which he could have filed such a Motion has now passed.

Plaintiff is an avid follower of the blog Sound Off Louisiana, and that blog has covered a number of high-profile cases of alleged Defamation to include Corey delaHoussaye and Murphy Painter.

Judging by the requests of Defense Counsel Haik, the State of Louisiana (Louisiana Office of Inspector General – OIG) must be deploying some truly bone-headed defense attorneys to defend the taxpayers of this state.  Why?  Because, in the Painter matter, no less than 25 Peremptory Exceptions (the majority of which asserted No Causes of Action) were filed, and yet the defense attorneys never sought attorney fees on behalf of the taxpayers of this state on a single one of those peremptory exceptions!  Not one!

That defense firm, Taylor Porter in Baton Rouge, is not exactly a small- time law firm, yet never one time did that firm seek attorney fees through the Exceptions themselves against Painter!  That is the case notwithstanding the fact that numerous Peremptory Exceptions were #1) filed, #2) granted, and #3 thereafter re-urged.  In fact, in a Court hearing on July 25, 2022 in 19th JDC before Judge Wilson Fields, Defense Attorney for OIG Amy Groves Love complained that Painter had already had “six bites at the apple,” yet on none of those “bites” did Groves-Love or Preston Castille ever seek attorney fees on all of the numerous Exceptions filed in the case!

Perhaps it just may be that those attorneys at Taylor Porter knew that they had no statutory grounds to seek those sanctions and that Painter’s attorney, Al Robert, Jr., would have vehemently objected, and those attorneys at Taylor Porter knew that the firm and the individual attorney, Preston Castille at the time, would have been made to appear as legal incompetents in even making such a “suggestion” of any of the judges who oversaw Painter’s case (Clark reached mandatory retirement age before the suit was dismissed).

The only difference between Painter and Plaintiff is that Plaintiff is pro se, so perhaps Defense Counsel Haik and Judge Borne may have relied upon (and sought to exploit) Plaintiff’s perceived lack of knowledge in even suggesting, much less threatening (on five or six occasions in one Court hearing), the imposition of sanctions in the form of Defendants’ legal fees.

On September 7, 2022, Sound Off Louisiana published the conclusion of the 12-year legal battle between Painter, former ATC Commissioner, and the Louisiana State Office of Inspector General (OIG).  In the feature, which presumably Defense Counsel Haik read and watched since he has admitted to Plaintiff that he has become very familiar with the blog, founder Robert Burns, who religiously attends court hearings, explained the conclusion of the suit.  Burns conveyed that he attended the entirety of Painter’s 2013 criminal trial (he’s actually done an eight-part series of interviews with Painter about that whole ordeal and timeframe).  Burns also conveyed that he’s attended every single hearing of Painter’s civil defamation litigation.

Among the revelations Burns made in the feature entailing the suit being dismissed with prejudice for all Defendants was the fact that the OIG did in fact file a Motion under LA CCP Article 971 on behalf of one Defendant, Shane Evans (former investigator at OIG).  That motion indicated that Evans had a right of free speech which afforded him the right to produce the material he did in his investigatory capacity as an OIG Agent.  The Judge overseeing the hearing for the potential imposition of CCP Article 971 Sanctions, Judge Wilson Fields of the 19th JDC, granted the Special Motion to Strike.

Though Defendant Evans sought $27,000 in such attorney fees, Judge Fields stated that he felt $27,000 was “not reasonable,” and instead awarded $9,700 in attorney fees.  A copy of that Judgment, which was signed by Judge Fields on August 19th 2022, is included in this Memorandum as Exhibit MOPE-A.

Since Defense Attorney Haik did not file a Motion for Attorney Fees under LA CCP Article 971, Plaintiff can only surmise that he felt that he could not prevail in such a Motion before this Court (he similarly filed no such Motion before Judge Borne) and therefore seeks for this Court to “follow suit” on making utterances similar to Judge Borne’s utterances on February 15, 2023.

During a break in the hearing of the Motion to Recuse, Defense Counsel Haik stated to Plaintiff in the presence of numerous witnesses:  “Mr. Broussard, you need to understand one thing:  A judge can do whatever he wants.  It doesn’t matter what is stated in a Statute.”

That statement is utterly profound, and Plaintiff contends that it serves as a demonstration on Defense Counsel Haik’s part that he knows he is not on sound footing in even seeking attorney fees, yet he apparently operates under the presumption that if “he” makes such a request of a Judge in 16th JDC, that Judge has the prerogative to honor that request irrespective of how out-of-bounds it may be with any statutory authority to which the Judge would otherwise be hamstrung.

While Defense Counsel Haik’s statement may in fact be true, Plaintiff suggests that any Judge who cares about his professional reputation to any degree at all would not show such reckless disregard for provisions of Statutes, Codes of Civil Procedure, and Local Rules.  Plaintiff will point out that, entailing Local Rule 9.5, which Judge Borne, Defense Counsel Haik, and Defense Counsel LeBlanc seemed to toss right out the window on February 15, 2023, is also something any professional attorney or Judge with ethics should strive to conform.  Instead, the three named individuals worked in concert in an attempt to force Plaintiff to submit any objections to wording for the judgment associated with the February 15, 2023 hearing a mere four hours after the court hearing!  In fact, Defense Counsel LeBlanc indicated in an email to Plaintiff that, in the absence of any such objections in that four-hour window, “we’ll file it as is later today,” and, when Plaintiff indicated that he wished to avail himself of his five-working-day period to review the Judgment’s wording, Defense Counsel Haik, in demonstrating the ultimate in apparent authoritative rule much as a Sigma Nu Fraternity President may say to a pledge, stated:  “It’s not exactly up for discussion!”

Plaintiff trusts that this Court will appropriately show far more regard for such Statutes, Codes of Civil Procedure, and Local Rules, and not make a mockery of the judicial system upon which so many ordinary citizens rely.  To do otherwise would merely further erode the trust that the public at large has about the integrity of the judicial system in the state of Louisiana!

Wow!  We can’t really add anything to Broussard’s words above except to say we are humbled and flattered that he chose to deploy our September 7, 2022 feature on Murphy Painter and the fact that the Office of Inspector General (OIG) was successful in asserting La CCP Article 971 in obtaining $9,700 in legal fees for its defense of former OIG Investigator Shane Evans.

We will point out, however, that the tenacity of Murphy Painter can never be underestimated, and that fact was demonstrated when, on March 8, 2023, he let it be known that he’d be launching yet another appeal in his 12-year litigation claim.

As Burns mentioned in the video above, he’s actually quite familar with La CCP Article 971 because it was asserted against him twice:

First, in this August 11, 2011 filing by Auctioneer Licensing Board attorney Anna Dow.  Judge Michael Caldwell, in ruling that the mere fact Burns was an auctioneer did not make him a “public figure,” uttered, “I’m not striking this,” proceeded to deny the Special Motion to Strike.  Like Broussard, Burns was pro se.

Second was this August 8, 2011 filing by Assistant AG Rodney Ramsey on behalf of the Auctioneer Licensing Board’s Executive Director, Sandy Edmonds.  Judge Wilson Fields, ruling under much the same logic as Caldwell, likewise denied Edmonds’ Special Motion to Strike.  Again, Burns was pro se.

As Burns stated on the video, he’s kind of stunned that Haik didn’t at least try to assert La CCP Article 971, but the fact is he didn’t.

Let us also provide a link for this March 23, 2023 Advocate article in which 14th JDC Judge G. Michael Canady went before the Louisiana Supreme Court admitting “a series of failures” and seeking leniency with “hat in hand.”  From that feature:

Canaday said Friday that he knew better, but that he granted the motion anyway……

Being blunt, we believe that Borne likewise “knew better” than to make the kind of repeated threats that he made on February 15, 2023, but he “made them anyway.”  If he didn’t know better in terms of the limitations of Peremptory Exceptions in terms of the granting of attorney fees, then that truly is frightening.

All right, time for that table we promised at the outset entailing recent filings and related documents pertaining to the “Mob Boss” litigation.  Here it is:

Date of Court Filing or Other Relevant Material Becoming AvailableCourt Filing or Other Relevant Material
February 15, 2023Peremptory Exception hearing conducted in which Judge Borne REPEATEDLY threatened Broussard with attorney fees if he amended the Petition, the Exception was re-urged, and the Exception deemed not to be cured. CLICK HERE for transcript.
February 22, 2023Citing "extreme bias" on the part of Judge Borne, Broussard files this Motion and Order for the Recusal of Judge Borne
March 27, 2023Broussard receives notice in the mail that the Louisiana Supreme Court has appointed First Circuit Judge Walter Lanier III to hear Broussard's Recusal Motion
March 28, 2023Recusal hearing transpires with Judge Lanier using the adjective "artful" to describe Borne's "admonishment" of Broussard regarding attorneys fees referenced on transcript above. Lanier further indicates that, because any such imposition of attorney fees constituted a "contingent event," the Court could not consider it in making its decision on recusal. Judge Lanier indicated that, since Judge Borne did NOT impose sanctions ON February 15, 2023, he was denying Broussard's Recusal Motion. Transcript has been requested and will be provided on a subsequent feature.
March 29, 2023Susan Legros, assistant to Judge Borne, sends email to Haik and Broussard asking where things stand for an April 3, 2023 Court hearing, and Broussard indicates he's "working on a proposal which may negate the need for any hearing."
March 29, 2023Broussard, despite knowing it would likely be a non-starter, sends email to Haik indicating that he's willing to voluntarily dismiss his Petition With Prejudice with "each party to bear their own costs."
March 30, 2023After giving Haik until noon to mull over his proposal on "each party to bear their own costs," Broussard fires a silver bullet in informing Haik that he intends to file this Motion and Order WITH Prejudice at PLAINTIFF's COST by 3:00 p.m. that same day.
March 30, 2023Broussard indicated to us that he submitted the Motion and Order to Dismiss With Prejudice at PLAINTIFF's Cost in accordance with LA CCP Article 1671.
March 30, 2023Broussard files the above Motion at approximately 3:11 p.m., at which time the St. Martin Parish Clerk of Court tells him that, if he merely pays Defendants' Court Costs, "This case is over!"
March 30, 2023Broussard pulls out his credit card, pays approximately $1,150 in Defendants' Court costs, after which the St. Martin Parish Clerk of Court provided him with this receipt, and further informed him that they were marking the case "DISMISSED" on the Court Docket for April 3, 2023 and that he was, "under no obligation to attend any court hearing on that date."
March 30, 2023True to their word, St. Martin Parish Clerk of Court Officials struck through Broussard's docket number and declared the matter "Dismissed." That's the way it stayed on the Court Docket up to and INCLUDING an April 3, 2023 Court Hearing.
March 30, 2023St. Martin Parish Clerk of Court officials issue a refund of Court Costs check to Haik.
March 30, 2023Notwithstanding all of the foregoing, Haik, within an hour of Broussard filing his Motion to Dismiss, files this "expedited Motion" for imposition of CCP Article 863 Sanctions. He scrambled to such an extent that he even concluded the Motion with "Support Memorandum to Follow."
March 31, 2023Haik follows his prior day's Motion with this Memorandum in Support
March 31, 2023Broussard again calls St. Martin Parish Clerk of Court Officials, and they indicate he does NOT need to attend a Court Hearing the following Monday, April 3, 2023, and further that "the matter is closed."
April 3, 2023Based on Clerk of Court assurances, Broussard opts not to attend Court Hearing (most especially since he'd not been served with "expedited hearing" for Sanctions.) However, Sound Off Louisiana's Burns DID attend.
April 3, 2023Susan Legros, assistant for Judge Borne, telephones Broussard twice (at approximately 8:40 a.m. and 8:43 a.m.) with a, "friendly reminder that you have court this morning."
April 3, 2023Broussard's matter is discussed. CLICK HERE for the transcript.
April 3, 2023In a sharp change in Borne's wording, he stresses twice within the same sentence that, if ANY attorney fees are awarded, it will be only after a hearing, which he set for May 23, 2023.
April 3, 2023Borne indicated that the only bone of contention that even exists now is attorney fees, and he asked that Haik and Broussard work to resolve that matter.
April 4, 2023Broussard, once informed (by Sound Off Louisiana's Burns) that Borne stated in court he, "failed to sign Broussard's dismissal order because it delineated things other than just a dismissal. It delineated and directed payment of court cost -- his own cost and what not...," Broussard filed this "clean" Motion and Order to Dismiss WITH Prejudice at PLAINTIFF's Cost
April 6, 2023Broussard contacts St. Martin Parish Clerk of Court's Office and is told that Judge Borne has stated that he is not signing ANYTHING (not even the Judgment granting the Peremptory Exception from way back on February 15, 2023, which Haik asked him court if he would sign at the 4/3/23 hearing) until the May 23, 2023 hearing transpires.

So, there you have it folks.  There’s the update on the two defamation cases of Billy Broussard.  Just think, it all started on June 14, 2021 when LSP Trooper Scott Lopez allegedly pulled over a driver of Billy Broussard and told him, “You better not go down my road again!”  Who would have ever dreamed that one simple exercise would end up involving the Chief Justice of the Louisiana Supreme Court in appointing an ad hoc judge, and that judge would traverse from Thibodaux, Louisiana to hear a Recusal Motion and all this other fallout would transpire?

Let us close with this:  During a break on the Recusal Motion Hearing on March 28, 2023, Haik told Broussard, “You think I know all the judges around here.  Yeah, I know them!  I even know this Judge (Judge Lanier) and, guess what, I even know his wife!”  He then indicated to Broussard what Lanier’s “wife’s” position was.

It obviously was material that could likely easily be looked up on the Internet.  Anyway, once the entire hearing was over and everyone was preparing to depart, Haik asked of Lanier, “That’s your wife who is <whatever the position was>, right?”  Judge Lanier’s response:  “No, that’s my sister!”

So much for impressing Broussard with Haik’s knowledge of all the judges in South Louisiana!

As the late C. B. Forgotston used to say, “You can’t make this stuff up!”

We’ll report on Broussard’s April 24, 2023 hearing before Judge Pitman and also the “high noon” hearing of May 23, 2023 soon after each has transpired!

 

WBRZ’s Nakamoto covers arraignments of officers on Greene trial to include video from Sound Off Louisiana’s coverage of Saturday’s peaceful protest.

WBRZ’s Chris Nakamoto, on the 6:00 p.m. news broadcast of Tuesday, April 11, 2023, placed the Sound Off Louisiana logo on full display right before introducing video footage of Ms. Mona Hardin, Ronald Greene’s mother, from the peaceful protest of Saturday, February 8, 2023 leading up to today’s arraignments of law-enforcement officers criminally charged in the arrest and in-custody death of Greene on May 10, 2019.

As we mentioned in our most-recent feature, today (Tuesday, April 11, 2023) was the day of arraignments for the five law-enforcement officers (four LSP Troopers and one Union Parish Sheriff Deputy) criminally charged relating to the arrest and in-custody death of Ronald Greene.

On it’s 6:00 p.m. newscast this evening, WBRZ (Channel 2 in Baton Rouge)’s Chris Nakamoto, who is the station’s lead investigative reporter, and who was recently honored, along with all of his WBRZ support team, with the highly-prestigious Columbia University duPont Excellence in Investigative Journalism Award for his and the entire team’s extensive and relentless reporting on the Ronald Greene matter, covered the arraignments of those law-enforcement officers.

Nakamoto even utilized footage from Saturday’s (February 8, 2023) peaceful protest captured by Sound Off Louisiana, and he credited us with providing that footage.  Let’s take a look:

4/11/23 6:00 p.m. WBRZ newscast with the lead feature being Chris Nakamoto’s coverage of the arraignments of the four (4) LSP Troopers and one (1) Union Parish Deputy who have been charged in the arrest and in-custody death of Ronald Greene.

Not surprisingly, we’ll have another feature coming out on Louisiana State Police in a matter of days.  We think everyone will find it quite intriguing!