Cooks v. Rodenbeck

711 So. 2d 444, 1998 WL 207868
CourtLouisiana Court of Appeal
DecidedApril 29, 1998
Docket97-1389
StatusPublished
Cited by11 cases

This text of 711 So. 2d 444 (Cooks v. Rodenbeck) 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
Cooks v. Rodenbeck, 711 So. 2d 444, 1998 WL 207868 (La. Ct. App. 1998).

Opinion

711 So.2d 444 (1998)

Damion COOKS, Plaintiff-Appellant/Appellee,
v.
Ken RODENBECK, Public Defender, et al., Defendants-Appellants/Appellees.

No. 97-1389.

Court of Appeal of Louisiana, Third Circuit.

April 29, 1998.

*445 Charles Joseph Yeager, Alexandria, for Damion Cooks.

Albin Alexandre Provosty, H. Bradford Calvit, Alexandria, for City of Alexandria, et al.

Before WOODARD, DECUIR and PETERS, JJ.

PETERS, Judge.

This is a suit for false arrest and imprisonment. Damion Cooks appeals the dismissal of his suit against the City of Alexandria, Officer Keith Delaney, and Officer Jerry Deville, and these defendants appeal the rejection of their motions for sanctions at the trial level and seek damages for frivolous appeal.

DISCUSSION OF THE RECORD

Damion Cooks filed suit for damages against various individuals and entities in connection with his arrest and incarceration under La.R.S. 15:257, the material witness statute.[1] Among the various claims presented, *446 Cooks sought damages for false arrest and imprisonment against the City of Alexandria, Officer Keith Delaney, and Officer Jerry Deville.

In his pleadings, Cooks alleged that on January 28, 1995, he was a passenger in an automobile driven by Willie Howard when Howard exited the vehicle and got into an argument with Reginald Sices, who was on a bicycle. According to Cooks's pleadings, Sices left on his bicycle and Howard got into the driver's seat of another automobile and followed Sices. Cooks saw Howard strike Sices, who was killed. The pleadings then asserted that Judge Ross Foote, a district judge of the Ninth Judicial District, signed the warrant[2] for Cooks's arrest as a material witness, ordering Cooks incarcerated until he furnished a $25,000.00 bond or until he testified at Howard's trial. The pleadings further asserted that because Cooks was indigent and could not post bond, he was imprisoned for fifty-six days. Cooks contended that he made six written requests to the public defender for a court-appointed attorney, all of which were denied. The pleadings further asserted that a prosecutor who had gone to the jail to interview Cooks as part of his investigation learned of the circumstances of his incarceration and took the matter to the presiding judge in the Howard case, Judge George Metoyer, Jr., who ordered an immediate hearing to allow Cooks to give his testimony and be released from custody. On April 12, 1995, the hearing was held, Cooks gave testimony under oath, and Judge Metoyer released him from custody.

The City of Alexandria and Officer Delaney responded to these allegations in part by filing a motion for summary judgment, as did Officer Deville, who was added as a defendant by a supplemental and amending pleading. Cooks also filed motions for partial summary judgment. The defendants submitted various exhibits in support of their motion for summary judgment, including affidavits of Officer Deville and Officer Delaney, the motion for the material witness bond, the order for the material witness arrest warrant, the arrest warrant, and Cooks's testimony at the preliminary examination hearing. Cooks did not present any material contradictory evidence.

The evidence submitted established the following. Samuel Quinney informed Officer Deville that he witnessed Howard run over Sices. Quinney gave a recorded statement in which he stated that Cooks and Howard approached him a day or so after the incident to locate parts to fix the automobile involved in the accident. On February 1, 1995, Howard was questioned about the incident as described by Quinney. Howard denied knowing Sices or ever having a confrontation with Sices. At the end of the interview, Howard was arrested for the second degree murder of Sices.

On February 7, 1995, Cooks gave a statement admitting that he was an eyewitness and that Howard ran over Sices. On February 15, 1995, Officer Deville spoke with Quinney, who informed him that Cooks intended to travel to his father's home in Nebraska to avoid testifying against Howard. During a telephone conversation with an employee of a bus station, it was learned that a person, believed to be the mother of Cooks, had called the bus station, seeking information and fares for buses traveling from Alexandria or Shreveport to Omaha, Nebraska. After receiving the information that Cooks was going to leave the state, Officer Deville met with Assistant District Attorney Thomas M. Yeager, who was informed of the facts of the case, including that Cooks was attempting to flee the state.

Yeager drafted a Motion for Bond for Material Witness, and Judge Foote did in fact *447 issue an order that resulted in Cooks's incarceration. The order provided that Cooks be incarcerated until either he posted a commercial bond in the amount of $25,000.00 as a material witness or his testimony was given in Howard's trial. After the order was signed, Officer Deville contacted Officer Delaney and told him the order had been signed by a judge. A material witness warrant was issued, and Cooks was arrested. At the hearing ordered by Judge Metoyer, Cooks testified that he was an eyewitness to the crime and admitted that he intended to leave town because he did not want to testify in the trial.

The trial court granted the defendants' motions for summary judgment, holding that the arrest was made under and by virtue of a warrant properly issued pursuant to court order. Cooks appeals. The defendants also appeal the trial court's implicit rejection of their motions for sanctions against Cooks and/or his attorney. Additionally, the defendants have answered the appeal, seeking damages for frivolous appeal.

OPINION

False Arrest and Imprisonment

A motion for summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. La.Code Civ.P. art. 966(B). Summary judgments are now favored. La. Code Civ.P. art. 966(A)(2).

The tort of false arrest or imprisonment consists of two elements: (1) detention of an individual and (2) unlawfulness of that detention. Slaydon v. State Dep't of Wildlife, & Fisheries, 93-1380 (La.App. 3 Cir. 5/4/94); 636 So.2d 1151, writ denied, 94-1952 (La.10/28/94); 644 So.2d 377. False arrest and imprisonment occur when one arrests and restrains another person against his will without a warrant or other statutory authority. Kyle v. City of New Orleans, 353 So.2d 969 (La.1977). If police officers act pursuant to statutory authority when they arrest and incarcerate a citizen, they are not liable for damages for false arrest and imprisonment. Id.; Wolfe v. Wiener Enters., Inc., 94-2409 (La.1/13/95); 648 So.2d 1293. As long as the officers reasonably believed the statute upon which they relied was valid at the time they acted, the law exempts the officers from liability even if the statute is later declared unconstitutional. Kyle, 353 So.2d 969.

La.R.S. 15:257 is the authority for the arrest in the case at hand. That statute provides:

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Cite This Page — Counsel Stack

Bluebook (online)
711 So. 2d 444, 1998 WL 207868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooks-v-rodenbeck-lactapp-1998.