Ardoin v. City of Mamou

685 So. 2d 294, 96 La.App. 3 Cir. 54
CourtLouisiana Court of Appeal
DecidedNovember 20, 1996
Docket96-54
StatusPublished
Cited by5 cases

This text of 685 So. 2d 294 (Ardoin v. City of Mamou) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ardoin v. City of Mamou, 685 So. 2d 294, 96 La.App. 3 Cir. 54 (La. Ct. App. 1996).

Opinion

685 So.2d 294 (1996)

Irish Sedina ARDOIN, Plaintiff-Appellee,
v.
CITY OF MAMOU, Defendant-Appellee,
Ray Allen Ardoin, Defendant.

No. 96-54.

Court of Appeal of Louisiana, Third Circuit.

November 20, 1996.

*296 John Blake Deshotels, for Irish Sedina Ardoin.

John Fayne Wilkes III, Lafayette, for City of Mamou, et al.

Before KNOLL, WOODARD and DECUIR, JJ.

FACTS

WOODARD, Judge.

On April 20, 1993, the plaintiff, Irish Sedina Ardoin, filed for divorce against her husband, Ray Allen Ardoin. She was granted a temporary restraining order against him and on April 21, 1993, she sought and was granted an eviction order, requiring him to remove his belongings from her house, the former family home. The following day, April 22, 1993, Mr. Ardoin went to Ms. Ardoin's home to retrieve his belongings, his sister's belongings, and other personal items including furniture, advising Ms. Ardoin that he was there to collect these items. When the two began to argue, Ms. Ardoin asked him to leave and called the police. Mr. Ardoin left the house and waited by his truck for the police to arrive.

When the officers arrived, Ms. and Mr. Ardoin told the police that Mr. Ardoin was there to retrieve his belongings. Additionally, Ms. Ardoin informed them of the temporary restraining order. The police officers then convinced Mr. Ardoin to leave.

Later that evening, Ms. Ardoin called Chief Manuel Jasper and asked why Mr. Ardoin had not been arrested when he violated the TRO. During the same conversation, Ms. Ardoin also told Chief Jasper that she no longer wanted Mr. Ardoin arrested. The next evening, April 23, 1993, Mr. Ardoin returned to Ms. Ardoin's home and shot her twice.

On February 11, 1994, Ms. Ardoin filed suit against Mr. Ardoin and the City of Mamou. After a bench trial, the court found Mr. Ardoin completely at fault for Ms. Ardoin's injuries and awarded her $150,995.00 in damages. She appeals the judgment insofar as it failed to assign any fault to the City of Mamou. For the following reasons, we affirm.

LAW & DISCUSSION

A court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989). The reviewing court must determine not whether the trier of fact was right or wrong, but whether the fact finder's conclusion was a reasonable one under the evidence. Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106 (La.1990). Reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony. Rosell, 549 So.2d 840.

*297 Factual findings by the trier of fact, who is in a better position to judge the demeanor, tone and credibility of the witnesses, are subject to the manifest error/clearly wrong standard of review. Fontenot v. Fontenot, 546 So.2d 322 (La.App. 3 Cir. 1989).

REMEDIES FOR VIOLATIONS OF TEMPORARY RESTRAINING ORDERS

Because the nature and application of temporary restraining orders is central to the facts and arguments asserted in this case, we feel it necessary to briefly discuss the law and jurisprudence relating to such orders.

The purpose of an "injunction" is not to afford a remedy for what has happened in the past, but to prevent the occurrence of acts in the future which are unlawful or injurious. Louisiana Livestock Sanitary Bd. v. Prather, 301 So.2d 688 (La.App. 3 Cir.1974). La.Code Civ.P. art. 3601 authorizes the court to issue a temporary restraining order during the pendency of an action for an injunction. Thus, the temporary restraining order is ancillary to the action for an injunction. La.Code Civ.P. art. 3611 further provides that disobedience of or resistance to a temporary restraining order ... is punishable by contempt of court. While contempt may be defined as either criminal or civil, the nature of the action is a civil one and the authority to punish for contempt of court falls within the inherent power of a court to aid in the exercise of its jurisdiction and to enforce its lawful orders. In re Merritt, 391 So.2d 440 (La.1980). When the above code articles and jurisprudence are taken in conjunction, it can be seen that, as a civil action punishable by contempt, the proper remedy for an aggrieved party asserting a violation of a court order is to petition the court for enforcement of the order. Harper v. Harper, 537 So.2d 282 (La.App. 4 Cir. 1988) (Schott, C.J., concurring). In recent years, however, the legislature has recognized that petitioning the court for a civil contempt action is not necessarily the most effective way of providing aggrieved parties with relief. In particular, La.R.S. 46:2131, the Domestic Abuse Assistance Act, states that:

[I]t is the intent of the legislature that the official response of law enforcement agencies to cases of domestic violence shall stress the enforcement of laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.

As can be seen from La.R.S. 46:2131, which is the "purpose" section of the Domestic Abuse Assistance Act, the legislature intended to send a clear message to the victims of domestic abuse, and the perpetrators of such crimes, that acts of domestic violence would be neither excused nor tolerated. Furthermore, law enforcement agencies were not only empowered, but encouraged to protect the victims of domestic violence from these abhorrent acts of aggression.

While the Domestic Abuse Assistance Act and other statutory provisions, such as La. R.S. 14:79, authorize law enforcement agencies to use all their powers, including arrest, to enforce court orders, such authorization must be subject to the discretionary powers of law enforcement officers on the scene. The legislature's intent in La.R.S. 46:2131 to "provide a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection," and to "communicate the attitude that violent behavior is not excused or tolerated," does not require law enforcement agencies to abdicate their traditional and essential role of reasonably enforcing the laws, be they civil or criminal, under the circumstances of each case. Indeed, La.R.S. 46:2140 and 14:79, statutes which authorize the arrest of violators of restraining orders, instruct law enforcement officers to "use all reasonable means" in enforcing their provisions. This thin line between the protection of victims of domestic violence and reasonable enforcement of the laws is an often difficult one for law enforcement officers to walk, and it is their actions in navigating this line to which we now turn.

LIABILITY OF THE CITY OF MAMOU

For liability to be imposed upon the City of Mamou, Ms. Ardoin must prove negligence under the duty/risk analysis which has five separate elements:

*298 (1) the defendant had a duty to conform his or her conduct to a specific standard of care (the duty element);
(2) the defendant failed to conform his or her conduct to the appropriate standard (the breach of duty element);
(3) the defendant's substandard conduct was a cause-in-fact of the plaintiff's injuries (the cause-in-fact element);
(4) the defendant's substandard conduct was a legal cause of the plaintiff's injuries (the scope of liability or scope of protection element); and,
(5) actual damages (the damages element).

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Cite This Page — Counsel Stack

Bluebook (online)
685 So. 2d 294, 96 La.App. 3 Cir. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardoin-v-city-of-mamou-lactapp-1996.