Ortego v. Landry

746 So. 2d 613, 98 La.App. 3 Cir. 1948, 1999 La. App. LEXIS 2277, 1999 WL 598862
CourtLouisiana Court of Appeal
DecidedAugust 11, 1999
DocketNo. 98-1948
StatusPublished

This text of 746 So. 2d 613 (Ortego v. Landry) 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
Ortego v. Landry, 746 So. 2d 613, 98 La.App. 3 Cir. 1948, 1999 La. App. LEXIS 2277, 1999 WL 598862 (La. Ct. App. 1999).

Opinion

| ■,SAUNDERS, Judge.

This 'matter arises from a motor vehicle stop executed by then Calcasieu Parish Deputy Lennis Landry, hereinafter “Landry,” on driver Jason Paul Ortego, hereinafter “Jason,” and passenger Nicole Ann Daigle, hereinafter “Nicole.” Jason and Nicole brought a civil action alleging that during the stop and the events following, Landry violated their first, eighth and fourteenth amendment rights of the United States Constitution, and under state law, Jason and Nicole brought claims of false imprisonment, intentional tort and malicious prosecution. Jason and Nicole also sued Landry’s employer, Calcasieu Parish Sheriff Wayne McElveen, hereinafter “McElveen.” Finding in favor of Jason, a jury awarded him $30,000.00 for | ^compensatory damages and $50,000.00 for punitive damages against Landry. Against McElveen, Jason was awarded an additional $20,000.00 for compensatory damages and $150,000.00 for punitive damages. The jury found Nicole suffered no infringement of her constitutional rights. We affirm.

FACTS

At the end of a work day, on the night of November 16, 1994, Jason left his workplace, picked up Nicole and then went to a Hardee’s Restaurant to get a malt and ice cream. After picking up the ice cream, Jason and Nicole returned to the vehicle Jason was driving and proceeded east on Broad Street. Just before reaching the intersection of Broad Street and Highway 14, Jason alleges another vehicle emerged from a gas station into their lane of travel. Jason claims that he was forced to swerve his vehicle to miss the automobile. After observing the swerving motion made by Jason’s vehicle, Landry pulled Jason over.

The following sequence of events were brought out at trial: Jason stepped out of his vehicle, with his malt in hand, approached the officer and asked why he was being stopped to which Landry allegedly responded with belligerence. Jason then offered the officer his license with the intent of returning to his vehicle to retrieve his registration and proof of insur-[615]*615anee. Before he could do so, Jason claims Landry slapped his malt out of his hand. After looking in his vehicle, Jason could not find his proof of insurance and so he returned with only his registration and license. Landry became angry and began yelling and pushing Jason. Nicole became upset and asked Landry to stop his aggressive behavior. Landry allegedly grabbed Jason by the neck, choked him, pushed him on the ground, picked him up off the ground with a choke hold and then .smashed Jason’s head onto the trunk of Jason’s automobile. Finally, with the help of another officer, Landry handcuffed Jason and placed him in the back of the Sheriffs unit. Nicole claims Landry then dragged her across the front seat of | sthe vehicle and pulled her out by her neck and hair. She was then handcuffed. Landry searched Nicole’s purse while waiting for the wrecker to arrive.

Jason and Nicole were arrested and taken to the Parish Jail. Jason alleges that at some point between being taken to the Sheriffs station and being incarcerated, Landry struck him on the chin with a key chain and searched his person.

A trial by jury ensued, and a judgment was rendered on June 18, 1998, and signed on August 12, 1998. The jury found both Landry and McElveen, with evil intent, deprived Jason of his constitutional rights which was the legal cause of pain, suffering, mental anguish or emotional distress suffered by Jason; the jury also found Landry falsely imprisoned or arrested, battered, assaulted or maliciously prosecuted Jason. The jury awarded Jason $80,000.00 in compensatory damages for pain, suffering, mental anguish or emotional distress against Landry along with another $50,000.00 in punitive damages against the same. Further, the jury awarded Jason $20,000.00 in compensatory damages for pain, suffering, mental anguish or emotional distress, plus $150,-000.00 for punitive damages against McEl-veen.

The jury found Nicole’s constitutional rights were not violated. The trial judge assigned Nicole one-half of the court costs, and Landry and McElveen with the remaining half. Motions for a judgment notwithstanding the verdict and/or new trial were filed and denied.

LAW AND ANALYSIS

I. Standard of Review

Moresi v. Louisiana Dept. of Wildlife and Fisheries, 567 So.2d 1081, 1084 (La.1990), provides what a plaintiff must show for a successful § 1983 claim, to-wit:

To recover under Sec.1983, a plaintiff must allege and prove two essential elements. First, a plaintiff must show that conduct occurred under color of state law. Second, a plaintiff must show that this conduct deprived him or her of a right, privilege or immunity secured by the Constitution or a law of the United States.

|4Such are factual questions to be reviewed on appeal, as set out by Rosell v. ESCO, 549 So.2d 840, 844 (La.1989):

It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact 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.

Furthermore:

[T]he issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the factfin-der’s conclusion was a reasonable one. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder’s, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony.

[616]*616Stobart v. State, Through Dep’t of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

II. Nicole’s First Assignment of Error

On appeal, Nicole asserts the jury erred when it found that neither Landry nor McElveen violated her civil rights under both 42 U.S.C. § 1983 and under state tort law. The civil rights statute, 42 USC § 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Nicole argues the jury erred when it failed to find in her favor, despite the compelling evidence to the contrary and despite its finding Jason’s rights violated. Nicole claims Landry assaulted, battered, falsely imprisoned, used excessive force, Land maliciously prosecuted her.

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Bluebook (online)
746 So. 2d 613, 98 La.App. 3 Cir. 1948, 1999 La. App. LEXIS 2277, 1999 WL 598862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortego-v-landry-lactapp-1999.