Lassalle v. Daniels

673 So. 2d 704, 1996 WL 244743
CourtLouisiana Court of Appeal
DecidedMay 10, 1996
Docket96 CA 0176
StatusPublished
Cited by22 cases

This text of 673 So. 2d 704 (Lassalle v. Daniels) 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
Lassalle v. Daniels, 673 So. 2d 704, 1996 WL 244743 (La. Ct. App. 1996).

Opinion

673 So.2d 704 (1996)

Annette LASSALLE
v.
William Hawk DANIELS.

No. 96 CA 0176.

Court of Appeal of Louisiana, First Circuit.

May 10, 1996.

*706 Linda Ritzie, Baton Rouge, for Defendant-Appellant.

Christine Lipsey, Baton Rouge, for Plaintiff-Appellee.

Before WATKINS, J., and CRAIN and TANNER, JJ., Pro Tem.[1]

THOMAS W. TANNER, Judge Pro Tem.

William Hawk Daniels appeals a judgment granting petitioner, Judge Annette Lassalle, a preliminary injunction prohibiting Daniels from harassing Lassalle in any manner whatsoever, and from various other particulars detailed below. Mr. Daniels argues that the injunction was wrongfully issued because the prerequisites for that relief had not been satisfied, i.e., a showing that the mover would suffer irreparable injury, loss or damage if the injunction were not issued, and that there is no other available remedy at law. Daniels further contends the injunction is invalid because the statutory bond had not been posted. Although not specifically assigned as error, Daniels argues that the injunction wrongfully infringes on his constitutional rights, particularly, his first amendment right to free speech. We find that the injunction was properly granted; however, it impermissibly prohibits defendant from going to a public place. To the extent that defendant cannot be restrained from the ninth floor of the governmental building, the injunction is amended; otherwise, it is affirmed.

Although Daniels admits his involvement in the actions complained of, he denies that any of those actions were threatening or harassing toward Lassalle. The actions of Daniels, upon which the request for injunction were based, are revealed in the record as follows:

(1) On August 31, 1992, the Baton Rouge Police received calls from two different persons reporting a suspicious man had been standing in front of Lassalle's home, and the same man had been seen riding his motorcycle up and down the road in front of Lassalle's home. When Sgt. Jackson of the East Baton Rouge Police department arrived at Lassalle's home, the man, who was identified by Lassalle as Daniels, had left the premises, and a note he had handwritten to Lassalle was found tucked into the front door of the home. Lassalle reported to the police that this was one of many notes that had been left by Daniels in her mailbox or on her door. She also reported that Daniels had been repeatedly passing in front of her home, despite her requests that he leave her alone. (As a result of this incident, Daniels was subsequently apprehended and arrested for stalking.)

(2) Kelly Flanagan, an employee of the District Attorney's office, testified that she received four or five calls at the D.A.'s office from Mr. Daniels during early 1995, demanding access to his criminal files. Ms. Flanagan testified that Daniels was agitated and belligerent, and "downright nasty and rude." She stated that he used profanity when referring to Lassalle as the root of all his problems, and he also stated that "[Lassalle] would be sorry."

(3) Sheila Dykes, an employee with the criminal division of the Clerk of Court's office, *707 testified that in early 1995, Mr. Daniels appeared at the front counter in the clerk's office requesting to see his criminal file. She testified that while she was attempting to help him, he became belligerent, started cursing and using bad language. He mentioned Judge Lassalle and stated that he was "going to kick ass." Afraid that he was becoming violent, Dykes called her administrator and asked for security to escort Mr. Daniels away. Regarding this incident, Charles Ard, with the E.B.R. Sheriff's office, testified that he was called to escort Mr. Daniels away from the clerk's office. Ard testified that Daniels said that Judge Lassalle was a "f___ joke."

(4) On May 15, 1995, Officer Fontenot, the Baton Rouge City Police officer assigned to the governmental building, noticed a group of people gathering and talking in front of the building. As he approached the gathering, Officer Fontenot noticed a man, later identified as Daniels, standing in front of the building holding a handmade sign which read as follows:

A M. LASSALLE JUDGE FALSE Accuser Stalking Cocaine Abuser Merchant of Chaos Unmitigated Lying Cocaine Whore! ...

Officer Fontenot testified that he had been assigned, earlier, to watch the B-2 level of the parking garage at the governmental building because Daniels allegedly had been stalking and harassing Judge Lassalle. Fontenot recognized the man carrying the sign as Daniels, and escorted him inside the building so Fontenot could check on the existence of a restraining order. Finding none, Fontenot asked Daniels, who was being very uncooperative, to leave the building. As he was leaving, Daniels stated, "that cocaine whore is going to get it yet."

Charlie Ard, the bailiff for Judge Lassalle's courtroom, testified that he had been assigned to escort Judge Lassalle from her car in the garage to her office, as a result of a prior incident during which Daniels allegedly verbally accosted the judge as she exited her car to go to work. Mr. Ard also testified that as he was escorting Daniels out of the building, he heard Daniels remark that "that cocaine whore is going to get it yet."

(5) Later that same afternoon, Julie Ray and Judy Connally, employees at the family court, each answered phone calls made to the family court by Daniels. Ms. Ray, the docket clerk for Judge Graphia, testified that Daniels was inquiring if a restraining order had been filed against him, and asserting that a restraining order was "not going to stop [him]." According to Ray, Daniels stated that the "cockamamie woman judge" had caused him nothing but trouble, and that he would be back tomorrow. Ms. Connally also testified that she answered calls from Daniels on the afternoon of 5/15/95, during which Daniels was demanding and rude, but she hung up the phone on him when he began calling Judge Lassalle a "slut."

Based on the accumulation of the above detailed events, on the afternoon of May 15, 1995, Judge Lassalle filed this action for an injunction. According to Lassalle, she filed the petition because it was becoming increasingly apparent to her that Daniels "intends me serious bodily harm." She testified that over a period of seven years, Daniels, whom she knew socially, began making harassing phone calls to her home. When she got an unlisted telephone number, Daniels began passing in front of her home and leaving notes in her mailbox and on her door. She testified that the incident in the parking garage of the governmental building, during which she was verbally accosted and threatened by Daniels, left her very disturbed and frightened of him.

The trial court found that the prerequisites for an injunction had been shown to exist, stating in part:

The court is satisfied that the temporary restraining order enjoining, restraining and prohibiting the defendant from harassing Judge Lassalle in any manner, from going near her residence, from interfering with her employment, and the court would enjoin him from even going onto the ninth floor of this building, either of the parking lots in this building. In further recognizing that he has a right of free speech, the *708 court feels that the accusations in his sign of cocaine abuser, cocaine whore, and those types of statements are beyond the scope of the type of things that Judge Lassalle ought to have to put up with, and he is prohibited from using those type comments or those type of words.

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Bluebook (online)
673 So. 2d 704, 1996 WL 244743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lassalle-v-daniels-lactapp-1996.