King v. Caldwell ex rel. Louisiana

21 F. Supp. 3d 651, 2014 U.S. Dist. LEXIS 66281, 2014 WL 1943232
CourtDistrict Court, E.D. Louisiana
DecidedMay 14, 2014
DocketCivil Action No. 13-4913
StatusPublished
Cited by2 cases

This text of 21 F. Supp. 3d 651 (King v. Caldwell ex rel. Louisiana) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Caldwell ex rel. Louisiana, 21 F. Supp. 3d 651, 2014 U.S. Dist. LEXIS 66281, 2014 WL 1943232 (E.D. La. 2014).

Opinion

ORDER AND REASONS

MARTIN L.C. FELDMAN, District Judge.

Before the Court is plaintiffs’ motion for summary judgment. For the reasons that follow, the motion is GRANTED.

Background

This is a'free speech case brought by Dr. Laura King and her husband, Terry.

Dr. Laura King formerly worked for the St. Tammany Parish Coroner’s Office, as the manager of its forensic laboratory. However, after she raised concerns to her superiors regarding mismanagement of the office, her employment was terminated.

After her termination, Dr. King, along with her husband, Terry, continued to pursue her concerns by making complaints to various state and federal agencies with jurisdiction over the activities of the Coroner’s Office, including the Louisiana State Board of Ethics. The media began covering the Kings’ allegations, including their complaints to the Louisiana Board of Ethics.

In September 2011, the Kings were charged by misdemeanor bill of information with violating La. R.S. 42:1141,1 which makes it a crime to breach the confidentiality of ethics complaints by making public statements concerning a private investigation or hearing of the Louisiana Board of Ethics. The charges were brought after the Coroner’s Office complained to the District Attorney for St. Tammany Parish, who recused himself and referred the charges to Louisiana Attorney General Buddy Caldwell, who then specially appointed the St. Charles Parish District Attorney’s Office to pursue the charges. In June 2012, the charges against the Kings were nolle prossed.

[654]*654In June 2013, the Kings filed suit in this Court against Louisiana Governor Bobby Jindal and Louisiana Attorney General Buddy Caldwell, in their official capacities, alleging that La. R.S. 42:1141.4(L)(1) violates their rights to free speech under the First and Fourteenth Amendments to the United States Constitution, and Article I, Sections 7 and 9 of the Louisiana Constitution. Plaintiffs seek relief in the form of a declaration that the statute is unenforceable, an injunction preventing the statute’s enforcement, and costs and fees associated with bringing this action. On October 16, 2013, 2013 WL 5673584, this Court granted in part and denied in part defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction, dismissing plaintiffs’ claims against Governor Jindal. Plaintiffs now move for summary judgment.

I.

Federal Rule of Civil Procedure 56 instructs that summary judgment is proper if the record discloses no genuine issue as to any material fact such that the moving party is entitled to judgment as a matter of law. No genuine issue of fact exists if the record taken as a whole could not lead a rational trier of fact to find for the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). A genuine issue of fact exists only “if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The Court emphasizes that the mere argued existence of a factual dispute does not defeat an otherwise properly supported motion. See id. Therefore, “[i]f the evidence is merely colorable, or is not significantly probative,” summary judgment is appropriate. Id. at 249-50, 106 S.Ct. 2505 (citations omitted). Summary judgment is also proper if the party opposing the motion fails to establish an essential element of his case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In this regard, the non-moving party must do more than simply deny the allegations raised by the moving party. See Donaghey v. Ocean Drilling & Exploration Co., 974 F.2d 646, 649 (5th Cir.1992). Rather, he must come forward with competent evidence, such as affidavits or depositions, to buttress his claims. Id. Hearsay evidence and un-sworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547, 549 (5th Cir.1987); Fed.R.Civ.P. 56(c)(2). Finally, in evaluating summary judgment, the Court must read the facts in the light most favorable to the non-moving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505.

II.

A. Abstention

“Abstention from the exercise of federal jurisdiction is the exception, not the rule.” Colorado River Water Conserv. Dist. v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). The Supreme Court has “confined the circumstances appropriate for abstention to three general categories.” Id. at 814, 96 S.Ct. 1236. First, “[u]nder the Colorado River doctrine, a court may abstain from a case that is part of parallel, duplicative litigation under ‘exceptional circumstances.’ ” Saucier v. Aviva Life & Annuity Co., 701 F.3d 458, 462 (5th Cir.2012). As a threshold matter, Colorado River abstention applies only when a parallel state case remains pending. See Stewart v. W. Heritage Ins. Co., 438 F.3d [655]*655488, 491 (5th Cir.2006). Second, under the Pullman doctrine, abstention is appropriate where the federal constitutional issue in a case may be mooted by a state-court determination of state law. R.R. Comm’n of Tex. v. Pullman Co., 312 U.S. 496, 501, 61 S.Ct. 643, 85 L.Ed. 971 (1941). Third, under the Burford doctrine, abstention is proper where a case involves an unclear state-law question of important local concern that transcends the result in the federal case. Burford v. Sun Oil Co., 319 U.S. 315, 332-34, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943); see also La. Power & Light Co. v. City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058 (1959).

The State contends that this Court should refrain from ruling on the constitutionality of the challenged statute in the interest of state sovereignty and comity. The Court is not persuaded. Contrary to the State’s contentions, this case is not “strictly a State law matter,” but rather, involves serious claims under the First and Fourteenth Amendments to the United States Constitution. Although plaintiffs also claim violations of their state constitutional rights, the state-law issues neither moot nor transcend the determination of the federal issues.

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Bluebook (online)
21 F. Supp. 3d 651, 2014 U.S. Dist. LEXIS 66281, 2014 WL 1943232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-caldwell-ex-rel-louisiana-laed-2014.