Johnson v. Terrebonne Parish Sheriff's Office

669 So. 2d 577, 1996 WL 77186
CourtLouisiana Court of Appeal
DecidedFebruary 23, 1996
Docket95 CA 1180
StatusPublished
Cited by12 cases

This text of 669 So. 2d 577 (Johnson v. Terrebonne Parish Sheriff's Office) 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
Johnson v. Terrebonne Parish Sheriff's Office, 669 So. 2d 577, 1996 WL 77186 (La. Ct. App. 1996).

Opinion

669 So.2d 577 (1996)

Gaylord and Joan JOHNSON
v.
TERREBONNE PARISH SHERIFF'S OFFICE, Sheriff Jerry L. Larpentier and Their Undisclosed Liability Insurance Company.

No. 95 CA 1180.

Court of Appeal of Louisiana, First Circuit.

February 23, 1996.
Writ Denied April 26, 1996.

*579 Arthur Cobb, Baton Rouge, for Plaintiff/Appellant, Joan Johnson.

William F. Dodd, Houma, for Defendant/Appellee, Terrebonne Parish Sheriff's Office.

Before CARTER and PITCHER, JJ., and CRAIN[1], J. Pro Tem.

CARTER, Judge.

This is an appeal from a trial court judgment in an action for damages for wrongful death and civil rights violations.

FACTS

On the evening of September 2, 1989, fifteen-year-old Billy Johnson and his friend, Ryan Roberts, spent the evening at the home of another friend, Clifford Foret. The following evening, on September 3, 1989, Billy Johnson appeared at the Foret home with a gun. Billy Johnson threatened Foret and two other boys, namely Ron Chauvin and Ryan Roberts, with the gun. Chauvin talked Billy Johnson into giving him the bullets, and Foret then hid the gun. Foret later returned the gun, and Chauvin returned the bullets to Billy Johnson. Subsequently, the boys drank some liquor and smoked marijuana.

Later that evening, Billy Johnson became angry with Ryan and threatened to shoot someone. Around midnight, Foret went to the home of a neighbor and telephoned the Terrebonne Parish Sheriff's Office for assistance. When Foret returned, he was accompanied by deputies. As Foret attempted to enter his home, Billy Johnson fired the gun at Foret twice, striking one of the police officers. Billy Johnson then barricaded himself in one of the bedrooms of the Foret home and refused to come out.

Thereafter, numerous officers responded to the scene, including the sheriff. One of the officers began negotiating with Billy Johnson to end the stand-off and leave the residence. At around 12:45 a.m., the officers contacted Billy Johnson's parents, Gaylord and Joan Johnson. Mr. Johnson was working off-shore at the time, but Mrs. Johnson secured a ride to the Foret home and arrived at the scene at approximately 1:00 a.m.

Shortly before 2:00 a.m., the sheriff's office made a decision to end the stand-off. After the perimeter of the house was secured by officers, tear gas was thrown into the home. Thereafter, the officers heard a gunshot, then heard a second shot and the sound of someone falling to the ground. After the tear gas dissipated from the home, officers entered the home and discovered the body of Billy Johnson in the bedroom closet. Billy Johnson died as a result of a self-inflicted gunshot wound to the head.

On September 4, 1990, plaintiffs, Gaylord and Joan Johnson (the parents of Billy Johnson) filed the instant suit for damages for wrongful death and civil rights violations, requesting a jury trial. Named as defendants in the petition were Sheriff Jerry J. Larpenter, the Terrebonne Parish Sheriff's Office, (collectively referred to as the sheriff's office), and the liability insurer of the sheriff's office. In their original petition, the Johnsons named the Undisclosed Liability Insurance Company as the liability insurer of the sheriff's office. By supplemental and amending petition, filed on May 14, 1991, the Johnsons added as defendants Hunt Insurance Group, Inc. and/or the Louisiana Sheriff's Risk Management Agency and the Louisiana Sheriff's Association, the possible liability insurer of the sheriff's office. Defendants answered the petition, generally denying the allegations of the petition.

On September 12, 1991, the sheriff's office filed a motion to strike the Johnsons' request for a jury trial as concerned the sheriff's office. By judgment, dated November 25, 1991, the trial court granted the motion to *580 strike the jury trial as to the sheriff's office. Thereafter, the matter proceeded to trial, with the trial judge deciding the issues as to the sheriff's office and the jury deciding the issues as to the liability insurer.

The jury deliberated for several hours and returned a verdict, finding that the seizure of Billy Johnson by the sheriff's office was unreasonable, that the sheriff's office was not negligent in its supervision of the incident surrounding Billy Johnson's death, and that the unreasonable seizure and/or negligence was the cause of Billy Johnson's death. However, the jury left unanswered the remainder of the jury interrogatories, which addressed the amount of damages sustained. The initial verdict form completed by the jury is not contained in the record, but the parties agree that the initial jury interrogatories were completed in the manner set forth in this opinion.

After a conference among the attorneys and the judge, the jury was instructed that some of the answers to the interrogatories were inconsistent and to return to the jury room to try to resolve those inconsistencies. The record does not contain a transcript of the conference among the attorneys and the trial judge, nor does it contain a transcript of the trial judge's instructions to the jury. However, the parties agree as to what took place in the conference outside the presence of the jury, and the minutes reflect the instructions given to the jury.

Thereafter, the jury sent a note to the judge, inquiring as to how the answers to the jury interrogatories were inconsistent. The judge again conferred with counsel for all parties and then advised the jury that he could not comment on the evidence. The record does not contain a transcript of the trial judge's conference with the attorneys, however, the parties do not dispute what took place during the conference.

Thereafter, the jury completed its deliberations and returned its verdict. The jury determined that, although the sheriff's office was not negligent in its supervision of the incident surrounding the death of Billy Johnson, the sheriff's office was unreasonable in its seizure of Billy Johnson. However, the jury found that the unreasonable seizure was not the legal cause of Billy Johnson's death.[2]*581 The trial judge determined that the sheriff's office did not violate Billy's Johnson's civil rights and was not negligent. Accordingly, the trial court rendered judgment in favor of the sheriff's office and its liability insurer and against the Johnsons, dismissing their suit at their costs.

On July 21, 1992, the Johnsons filed a motion for new trial, contending that the trial judge had commented on the evidence. The trial court denied the Johnsons' motion on February 10, 1994. Thereafter, the Johnsons appealed, and Joan Johnson (the mother of Billy Johnson) filed a motion to proceed in forma pauperis, which was denied. On application for supervisory writs to this court, Joan Johnson sought a review of the denial of her motion to proceed in forma pauperis. On May 23, 1994, this court, under docket number 94 CW 0547, granted Joan Johnson's writ application, vacated the trial court judgment denying pauper status, and remanded the matter to the trial court for an evidentiary hearing on the relator's qualification to proceed as an indigent on appeal. After the evidentiary hearing was held, the trial court rendered judgment, allowing Joan Johnson to proceed in forma pauperis. The trial court's judgment, which was signed on November 25, 1994, also provided that the order did not apply to Gaylord Johnson (the father of Billy Johnson) in that he was not a mover in the rule to proceed in forma pauperis.

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Cite This Page — Counsel Stack

Bluebook (online)
669 So. 2d 577, 1996 WL 77186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-terrebonne-parish-sheriffs-office-lactapp-1996.