Karen Dickerson Versus Derrick Shepherd and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana

CourtLouisiana Court of Appeal
DecidedAugust 28, 2023
Docket23-CA-415
StatusUnknown

This text of Karen Dickerson Versus Derrick Shepherd and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana (Karen Dickerson Versus Derrick Shepherd and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana) 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.

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Karen Dickerson Versus Derrick Shepherd and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana, (La. Ct. App. 2023).

Opinion

KAREN DICKERSON NO. 23-CA-415

VERSUS FIFTH CIRCUIT

DERRICK SHEPHERD AND JON COURT OF APPEAL GEGENHEIMER, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR THE STATE OF LOUISIANA PARISH OF JEFFERSON, STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 844-760, DIVISION "O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING

August 28, 2023 8:52 pm

FREDERICKA HOMBERG WICKER JUDGE

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, Stephen J. Windhorst, John J. Molaison, Jr., and Scott U. Schlegel

REVERSED FHW SMC JJM SUS

WINDHORST, J., CONCURS WITH REASONS SJW COUNSEL FOR PLAINTIFF/APPELLEE, KAREN DICKERSON Stephen M. Petit, Jr. Brittany D. Rogers

COUNSEL FOR DEFENDANT/APPELLANT, DERRICK SHEPHERD G. Karl Bernard WICKER, J.

In this election challenge litigation, defendant, Derrick Shepherd, seeks

review of the trial court’s judgment sustaining plaintiff’s objection to Mr.

Shepherd’s candidacy, and disqualifying Mr. Shepherd as a candidate for the office

of Jefferson Parish Council, District 3. For the following reasons, we reverse the

trial court judgment.

FACTUAL AND PROCEDURAL HISTORY

On August 8, 2023, Mr. Shepherd filed a notarized “Notice of Candidacy”

for the office of Jefferson Parish Council member, District 3. On August 17, 2023,

plaintiff, Karen Dickerson, filed a “Verified Petition Objecting to the Candidacy of

Derrick Shepherd,” contending that Mr. Shepherd was not qualified as a candidate

because he is domiciled and has his primary residence at 14 Villa Cove Drive in

Harrison County, Mississippi. Mrs. Dickerson asserted that Mr. Shepherd failed to

provide his correct domiciliary address in his Notice of Candidacy in violation of

La. Const., Art. III, Sec. 4 and that he was not domiciled and did not reside in the

proper district in violation of Section 2.03(A)(1) of the Jefferson Parish Home Rule

Charter.

The matter proceeded to trial on August 21, 2023. At trial, Mr. Shepherd

testified that he maintains his domicile at #2 Blueberry Court in Marrero,

Louisiana. Mr. Shepherd testified that he does not own the Blueberry Court home

but that he purchased the home for the benefit of his mother. He initially testified

that he gave his mother “cash” to purchase the property in 2007 or 2008. Upon

further questioning, during which he was shown documentation reflecting that his

mother and her late husband purchased the property in 1999, Mr. Shepherd

clarified that after his mother’s husband’s death, he gave his mother the money that

she needed in order to retain the home outright.

23-CA-415 1 Mr. Shepherd testified that, upon his release from federal custody in 2012,

he transferred his domicile from 1113 Garden Road, Marrero, Louisiana to #2

Blueberry Court in Marrero. At trial, Mr. Shepherd introduced a “Declaration of

Change of Domicile,” filed in the Jefferson Parish Conveyance records on August

22, 2013, and reflecting Mr. Shepherd’s intent to change his domicile to #2

Blueberry Ct. in Marrero.

Mr. Shepherd testified that he works as a general contractor and that he is an

elected member of the Jefferson Parish School Board. He testified that he has an

office located at 2009 Ames Blvd. in Jefferson Parish with sleeping quarters, and

that he does sleep at his office on occasion. He testified that, between his August 8,

2023 date of qualification for Jefferson Parish Council and the date of trial, he has

slept in various locations in Marrero, Westwego, Waggaman, and Algiers; he

testified that his sleeping arrangements vary based on whether he gets “lucky” or is

“invited” to sleep elsewhere. He testified, however, that on an “everyday basis” he

resides at either #2 Blueberry Ct., in which he utilizes the master bedroom, or 1037

Comardelle, which was his father’s residence until his father’s death in 2020 from

Covid.

Mr. Shepherd testified that he receives mail at Blueberry Ct., including a

Discover credit card bill1, voter registration documentation, all IRS or tax

documentation, and VA medical documentation. He did not produce any utility

bills from Blueberry Ct., but testified that he receives utility bills at both 1037

Comardelle in Marrero and at 14 Villa Cove in Mississippi.

Mr. Shepherd testified that he has executed multiple “Notices of Candidacy”

forms and that each time he has qualified for public office since 2013, he has

recorded his address as #2 Blueberry Ct. When questioned by plaintiff’s counsel

1 The Discover credit card documentation was not introduced into evidence; however, the transcript reflects that plaintiff’s counsel was provided a copy of a monthly statement at trial and acknowledged, “And it does have Blueberry Court on there I appreciate that.”

23-CA-415 2 concerning a Louisiana elected official’s financial disclosure form executed in

2019, Mr. Shepherd acknowledged that he omitted his Mississippi property on the

disclosure. He further admitted that on a 2015 disclosure form, he failed to list

Orleans parish investment property that he owned at that time.

Mr. Shepherd testified that he owns 57 properties located in Louisiana,

Texas, and Mississippi. He further explained that he owns two properties in

Mississippi. He purchased the property at 14 Villa Cove in Harrison County,

Mississippi in 2017 through a VA loan. The VA loan documentation, introduced

into evidence and discussed below, provides that Mr. Shepherd “shall occupy,

establish, and use the [Mississippi] property as [his] principal residence within 60

days…and shall continue to occupy the Property as [his] principal residence for at

least one year after the date of occupancy….” Mrs. Dickerson introduced into

evidence the 2017 VA loan documentation as well as the 2021 loan documentation

related to a refinance of 14 Villa Cove. Mr. Shepherd did not deny refinancing the

property in 2021, but denied that the 2021 documentation he was shown reflected

his signature.

Concerning the Villa Cove property, Mr. Shepherd testified that the property

is an “investment property” and that he visits the property on the weekends or

allows people to stay there to fish and pass the time.2 When questioned whether he

complied with the occupancy requirements for the loan documentation, which

required him to make 14 Villa Cove in Mississippi his “principal residence” for at

least one year, he testified “yes…to my knowledge I did.” However, when

questioned again if he had ever made 14 Villa Cove his primary residence, he

testified “No, I didn’t move to Mississippi to make it my primary residence.”

2 Mr. Shepherd testified that he does not claim a homestead exemption on any property in any state.

23-CA-415 3 On August 21, 2023, the trial court issued a judgment sustaining Mrs.

Dickerson’s objection and disqualifying Mr. Shepherd as a candidate for election

to the Jefferson Parish Council.

DISCUSSION

In an election contest, the person objecting to candidacy bears the burden of

proving at trial that a candidate is disqualified. Russell v. Goldsby, 00-2595 (La.

9/22/00), 780 So. 2d 1048, 1051. The person objecting to candidacy must meet his

or her initial burden by setting out a prima facie case. Trosclair v. Joseph, 14-675

(La. App. 5 Cir. 9/9/14), 150 So.3d 315, 317. Once the objector makes a prima

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Related

Pattan v. Fields
669 So. 2d 1233 (Louisiana Court of Appeal, 1995)
Landiak v. Richmond
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Dixon v. Hughes
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Trosclair v. Joseph
150 So. 3d 315 (Louisiana Court of Appeal, 2014)
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