Thomas v. Northeast Louisiana University

609 So. 2d 1096, 1992 La. App. LEXIS 3726, 1992 WL 350808
CourtLouisiana Court of Appeal
DecidedDecember 2, 1992
DocketNo. 24,187-CA
StatusPublished

This text of 609 So. 2d 1096 (Thomas v. Northeast Louisiana University) 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
Thomas v. Northeast Louisiana University, 609 So. 2d 1096, 1992 La. App. LEXIS 3726, 1992 WL 350808 (La. Ct. App. 1992).

Opinion

MARVIN, Chief Judge.

In this action for wrongful arrest, we affirm a judgment that involuntarily dismissed, on the motion of defendants, Perry Thomas’s demand for damages. CCP Art. 1672(B); Fuller v. Wal-Mart Stores, Inc., 519 So.2d 366 (La.App. 2d Cir.1988).

The arrest arose out of an investigative stop (CCrP Art. 215.1) of Thomas and his friend, Leonard Montgomery, by campus police officers at Northeast Louisiana University in Monroe. Thomas was a 40-year-old managerial employee of the City of Monroe responsible for overseeing EEOC compliance. Montgomery, who had once been a student at NLU, was over 30 years old. The NLU police sought their identification and an explanation of their presence on the campus after 8:30 p.m. on September 6, 1989.

The issues concern the extent of the authority of the police to stop or detain and-interrogate, and under appropriate circumstances, to order a citizen on a university campus to leave the campus, as opposed to the citizen’s right to privacy and protection from unwarranted governmental intrusion. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

DISCUSSION

By granting the motion for involuntary dismissal the trial court accepted defendants’ version of the incident, as was its prerogative. In the absence of clear error we do not disturb the trial court’s findings of fact based on its evaluation of the evidence and credibility of the witnesses. Rosell v. ESCO, 549 So.2d 840 (La.1989).

[1098]*1098After Thomas and his friend were stopped or detained, he was arrested for trespassing, or remaining on land after being forbidden to do so (LRS 14:63.3) or refusing to leave the campus premises upon the reasonable request of the lawful custodian of the premises or his representative (Monroe City Code 12-90).

Thomas agrees that a university police officer may make arrests and enforce the law on the university campus under appropriate circumstances. LRS 17:1805. He also agrees that a campus police officer has authority, under reasonably appropriate circumstances, to order persons to leave the campus.

The lawfulness of the arrest of Thomas turns on whether the officer’s stop and interrogation and his request to Thomas to leave the campus were reasonable.

FACTS

Thomas’s arrest arose out of these circumstances:

Two uniformed student officers of the NLU police saw Thomas and Montgomery standing away from or on the fringe of a crowd at a student function where music was being played on an area of the NLU campus near DeSiard Bayou about 8:30 p.m. They observed two other men join these two under observation and saw, what to the student officers appeared to be a manual exchange occur between the four men. The student officers also noted that Thomas and Montgomery repeatedly looked back at the officers who were in uniform on crowd security duty. The student officers became suspicious because of the age of these men and their conduct. In accord with NLU police procedures and their limited authority, they radioed their suspicion to their superior, Sgt. Crawford, a full-time uniformed senior NLU police officer, when Thomas and Montgomery walked away from the crowd and toward the main part of the NLU campus.

Crawford, in his marked patrol car, found the two men walking on Bayou Drive, eventually approaching them on foot, inquiring who they were and why they were on campus. Suspecting they were not students, Crawford asked them for identification or driver’s licenses. Both initially refused Crawford’s request for identification, with Thomas repeatedly telling Crawford that it was none of his business who they were, why they were on the campus and that the officer had no right or no authority to ask him these questions or to talk to him. Crawford radioed for assistance, while continuing to ask who they were and why they were there.

Thomas continued to question why Crawford had to know these things and also invoked to Crawford his acquaintance or friendship with the president of the university.

Eventually Thomas told Crawford they were not students, while continuing to question Crawford’s “authority.” Montgomery first produced his driver's license for Crawford. After some time, Thomas produced his. Crawford then radioed the Monroe police to determine if either had outstanding arrest warrants while Thomas continued his remarks to Crawford.

Crawford told them if they were not going to explain their purpose on campus to him they should leave the campus. Thomas told Crawford he had every right to be there and he would not leave. By this time other NLU police officers were arriving. Crawford told the two several times to leave the campus or they would be arrested for trespassing if they refused to leave. Montgomery, and to a lesser extent, Thomas, corroborated Crawford’s testimony that Thomas “dared” Crawford to arrest him. Montgomery said that Thomas “still asked him ... what have I done. Then [Crawford] came back and said, ‘well, if you’re not going to go, I’m going to arrest you,’ you know, like that.” Thomas responded, “you might as well arrest me, you’ve done everything else.” Montgomery then explained: “Then between them, words had passed [about] being arrested or something like that [and] the next thing you know — well [Crawford] said ‘you’re not going?’ ... and ... one guy clipped him ... [with the handcuffs]_after they put him in the car ... they asked me to leave_ and ... I left, I left walking.”

[1099]*1099Crawford was asked “what had Mr. Thomas done to make your request for him to leave reasonable ... ?” Crawford answered:

... his belligerent manner, his failure to produce an ID ... and ... he wouldn’t give me his business on campus ...
Q: ... he was being questioned about his business at a point where he had not committed a criminal offense. Is that correct?
That’s correct.
Q: ... you felt you had enough information to order him to leave the campus? After all the talking to him and all the matters I described to you before, I did. Q: ... did he resist [being arrested]?
... Moderately].

Officer Bethea arrived when Sgt. Crawford was getting the negative report about the warrants: “Sgt. Crawford tried to explain to him ... he was going to be asked to leave if he didn’t give his business and if he didn’t leave, he’d be arrested.” Thomas was responding to Sgt. Crawford, “... it is none of [your] business, [you have] no right to talk to [me].” Bethea said: “I looked at Mr. Thomas and I said ... ‘Sgt. Crawford has advised you that if you do not leave you will be arrested, so what you’re saying is you're not going to leave?' He said go ahead and arrest me, I’m not going to leave. At which time Sgt. Crawford advised him he was being placed under arrest, advised him to put his hands on the car ...”

THE LAW

Public university or college police officers are charged with “maintaining general order and exercising police power on the campus ... [for which they are commissioned].” LRS 17:1805. Emphasis supplied. By this statute, the legislature has recognized the geographical premises or entity of a university, which by its statutory creation is, of course, a legal entity.

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Related

Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
State v. Neyrey
383 So. 2d 1222 (Supreme Court of Louisiana, 1980)
State v. Hall
581 So. 2d 337 (Louisiana Court of Appeal, 1991)
Fuller v. Wal-Mart Stores, Inc.
519 So. 2d 366 (Louisiana Court of Appeal, 1988)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)

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Bluebook (online)
609 So. 2d 1096, 1992 La. App. LEXIS 3726, 1992 WL 350808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-northeast-louisiana-university-lactapp-1992.