Dumas v. City of New Orleans

803 So. 2d 1001, 2001 WL 1562668
CourtLouisiana Court of Appeal
DecidedDecember 5, 2001
Docket2001-CA-0448
StatusPublished
Cited by3 cases

This text of 803 So. 2d 1001 (Dumas v. City of New Orleans) 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
Dumas v. City of New Orleans, 803 So. 2d 1001, 2001 WL 1562668 (La. Ct. App. 2001).

Opinion

803 So.2d 1001 (2001)

Anita DUMAS
v.
The CITY OF NEW ORLEANS, Sergeant Joan M. Alexander, Detective Kenneth Meistchovich, Detective James Sievers and Lt. Teddy Daigle.

No. 2001-CA-0448.

Court of Appeal of Louisiana, Fourth Circuit.

December 5, 2001.

*1003 Al Ambrose Sarrat, Darleen M. Jacobs, Jacobs & Sarrat, New Orleans, LA, Counsel for Plaintiff/Appellant.

Annabelle H. Walker, Deputy City Attorney, Franz L. Zibilich, Chief Deputy City Attorney, Mavis S. Early, City Attorney, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY.

Judge STEVEN R. PLOTKIN.

Defendants, City of New Orleans and New Orleans Police Department ("NOPD") Sergeant Joan Alexander (hereinafter referred to collectively as "the City"), appeal a trial court judgment in favor of plaintiff, Dr. Anita Dumas, awarding Dr. Dumas $200,000 in damages for false arrest. The City challenges the trial judge's findings on both liability and damages. We affirm.

FACTS

On April 23, 1993, Dr. Dumas, principal of John F. Kennedy High School in the City of New Orleans, was arrested by Sergeant Alexander, acting in her capacity as supervisor in the NOPD Child Abuse Section. The arrest occurred at the school sometime between 10:30 and 11 a.m. Sergeant Alexander charged Dr. Dumas with violation of LSA-R.S. 14:403(A)(2), relative to obstruction of procedures for investigating sexual abuse of a child, among other things. The City claims that Dr. Dumas violated that law by refusing to release a student to Child Abuse personnel. Dr. Dumas claims that her refusal to release the child was based on the failure of NOPD personnel to comply with New Orleans Parish School Board policy relative to providing documentation prior to the release of children to persons other than parents or guardians. Dr. Dumas was taken to New Orleans Central Lockup, where she was fingerprinted and photographed, then released on her own recognizance between 2 and 2:30 p.m. The Orleans Parish District Attorney eventually dismissed the charges against Dr. Dumas.

Dr. Dumas filed suit against the City, Sergeant Alexander, and other officers involved in the arrest, claiming false arrest. However, during trial, Dr. Dumas released all defendants except the City and Sergeant Alexander. Following the trial in the matter, the trial judge found that "when Sergeant Alexander arrived on the scene, her purpose was not to achieve access to the child but rather to arrest Dr. Dumas ... for no good reason whatsoever." The trial judge found that the consequences to Dr. Dumas were "horrendous," and awarded her $100,000 in general damages, plus $100,000 in lost wages. The City appeals.

LIABILITY

In order for a plaintiff to recover for false arrest, he must prove that he was unlawfully detained by the police against his will. Harrison v. State Through Dept. of Public Safety and Corrections, 97-1086, p. 7 (La.1998), 721 So.2d 458, 461. Thus, two elements are required to prove a case in false arrest and imprisonment: (1) detention of a person, and (2) unlawfulness of the detention. Hughes v. Gulf International, 593 So.2d 776, 780 (La.App. 4 Cir. 1992). In the instant case, Dr. Dumas was clearly detained; in fact, she was taken to Central Lockup where she was fingerprinted and photographed. Moreover, the trial judge implicitly found that the detention was unlawful when he concluded that Sergeant Alexander had arrived at the school solely for the purpose of arresting Dr. Dumas "for no good reason whatsoever." Thus, the trial judge found that Sergeant Alexander had no probable cause to arrest Dr. Dumas. The question before *1004 this court is whether the trial judge was manifestly erroneous in finding that Sergeant Alexander's arrest of Dr. Dumas was "for no good cause whatsoever."

Although the standard of review for factual findings of a trial court has been repeatedly stated by Louisiana courts, it bears repeating under the circumstances of the instant case. The Louisiana Supreme Court recently addressed this issue in Sportsman Store of Lake Charles, Inc. v. Sonitrol Security Systems of Calcasieu, Inc., 99-0201 (La.10/19/99), 748 So.2d 417, as follows:

It is well settled that a court of appeal may not set aside a finding of fact by a trial court or a jury in the absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Lirette v. State Farm Ins. Co., 563 So.2d 850, 852 (La.1990); Rosell v. ESCO, 549 So.2d 840, 844 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973).... Where documents or objective evidence so contradict the witness's story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable fact-finder would not credit the witness's story, the court of appeal may well find manifest error or clear wrongness even in a finding purportedly based upon a credibility determination. Rosell v. ESCO, supra at 844-45. But where such factors are not present, and a fact-finder's determination is based on its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong. Id.

Id. at 6-7, 748 So.2d at 421.

It is difficult to imagine a case in which the judgment could be more based on credibility decisions than the instant case. The versions of events preceding Dr. Dumas's arrest by Sergeant Alexander presented by Dr. Dumas's witnesses consistently contradicted the version presented by the City's witnesses on many key questions.

For example, the City asserted that, prior to Sergeant Alexander's arrival at the school, Dr. Dumas had effectively denied access to the child in question to two different persons associated with the NOPD Child Abuse Division—a social worker and Child Abuse Detective James Sievers. The City further claims that the social worker had been directly denied access, and that Detective Sievers had been effectively denied access because he was forced to wait in the office for an unreasonable period of time to talk to administrators. However, Dr. Dumas's witnesses indicated that it was Assistant Principal Richard Jackson who had dealt with the social worker, and who Detective Sievers was waiting to see.

More importantly, the City's witnesses stated that they identified themselves as NOPD personnel and produced proper identification to support their request to remove the child in question from school. However, Dr. Dumas's witnesses testified that none of the persons requesting release of the child identified themselves as NOPD personnel. Moreover, according to Dr. Dumas's witnesses, the only person who showed any type of identification was the social worker, and the secretary who talked to her stated that the card she produced looked like a School Board identification card. Because all NOPD Child Abuse Division personnel involved in the *1005 incident were dressed in "street clothes," Dr. Dumas's witnesses indicated that they were unable to identify them as police officers. Further, Dr. Dumas stated that she was unaware of the identity of the NOPD personnel until she was placed under arrest.

Another point of controversy between the two versions of the events leading up to Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
803 So. 2d 1001, 2001 WL 1562668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumas-v-city-of-new-orleans-lactapp-2001.