Sheriff, Gretna lose round in court; They tried to bar class action in bridge case - Blacks Prevented from Leaving New Orleans During Chaos
/From the The Times-Picayune Publishing Company
Times-Picayune (New Orleans)
Times-Picayune (New Orleans)
By Paul Purpura, West Bank bureau
A federal judge has shot down requests by Gretna and Jefferson Parish police agencies to dismiss a lawsuit seeking class action status stemming from their decision to close the Crescent City Connection to pedestrians trying to flee New Orleans after Hurricane Katrina.
The lawsuit, filed Aug. 29 by six New Orleans residents, alleges the Gretna Police Department, Chief Arthur Lawson, the Jefferson Parish Sheriff's Office and Sheriff Harry Lee violated numerous constitutional rights. The plaintiffs also claim that officers used excessive force in turning them back into the mostly flooded city where food and water were lacking.
Attorneys for Gretna and Jefferson Parish authorities argued that the lawsuit violates court rules barring duplicate litigation. They claim it is nearly identical to a previous lawsuit whose class action claims were dismissed because the attorneys missed the 90-day deadline to request class status.
U.S. District Court Judge Mary Ann Vial Lemmon disagreed.
"There is no authority which precludes plaintiffs from timely filing a class action where a pending class action case with basically the same facts was denied class certification because of plaintiffs' failure to file for class certification within 90 days," Lemmon wrote in her July 19 order.
Adele Owen, a Baton Rouge attorney representing the plaintiffs in both cases, could not be reached Monday. In a July 18 hearing, she argued that there was nothing improper about the lawsuits.
Gretna attorney Franz Zibilich argued that the second lawsuit gave the plaintiffs "a second bite of the apple."
"At this particular point, it's time to move forward," he said Monday.
Tracy and Dorothy Dickerson, a New Orleans couple who say they were denied access to cross the bridge, sued Gretna and Jefferson Parish police on Dec. 22, 2005. But they missed the 90-day deadline to request class action certification, leading Lemmon to dismiss that aspect of their lawsuit March 30.
The Dickersons are still moving forward with their lawsuit as the lone plaintiffs.
The second, similar lawsuit that Lemmon ruled on earlier this month was filed by Nina Alexander, Jocelyn Askew, Quinton Askew, Frances B. Bowie, Signora Durrett and Patryce Jenkins. A hearing on their request for class action certification is set for Nov. 14, court records show.
Lawson and Lee are also named as defendants.
Through multiple law enforcement agencies decided to close the bridge on Sept. 1, 2005, Gretna has taken the brunt of criticism for its role and is defending itself in five lawsuits, all seeking unspecified damages.
Four of the lawsuits are in U.S. District Court and one is in Orleans Parish Civil District Court.
A federal judge has shot down requests by Gretna and Jefferson Parish police agencies to dismiss a lawsuit seeking class action status stemming from their decision to close the Crescent City Connection to pedestrians trying to flee New Orleans after Hurricane Katrina.
The lawsuit, filed Aug. 29 by six New Orleans residents, alleges the Gretna Police Department, Chief Arthur Lawson, the Jefferson Parish Sheriff's Office and Sheriff Harry Lee violated numerous constitutional rights. The plaintiffs also claim that officers used excessive force in turning them back into the mostly flooded city where food and water were lacking.
Attorneys for Gretna and Jefferson Parish authorities argued that the lawsuit violates court rules barring duplicate litigation. They claim it is nearly identical to a previous lawsuit whose class action claims were dismissed because the attorneys missed the 90-day deadline to request class status.
U.S. District Court Judge Mary Ann Vial Lemmon disagreed.
"There is no authority which precludes plaintiffs from timely filing a class action where a pending class action case with basically the same facts was denied class certification because of plaintiffs' failure to file for class certification within 90 days," Lemmon wrote in her July 19 order.
Adele Owen, a Baton Rouge attorney representing the plaintiffs in both cases, could not be reached Monday. In a July 18 hearing, she argued that there was nothing improper about the lawsuits.
Gretna attorney Franz Zibilich argued that the second lawsuit gave the plaintiffs "a second bite of the apple."
"At this particular point, it's time to move forward," he said Monday.
Tracy and Dorothy Dickerson, a New Orleans couple who say they were denied access to cross the bridge, sued Gretna and Jefferson Parish police on Dec. 22, 2005. But they missed the 90-day deadline to request class action certification, leading Lemmon to dismiss that aspect of their lawsuit March 30.
The Dickersons are still moving forward with their lawsuit as the lone plaintiffs.
The second, similar lawsuit that Lemmon ruled on earlier this month was filed by Nina Alexander, Jocelyn Askew, Quinton Askew, Frances B. Bowie, Signora Durrett and Patryce Jenkins. A hearing on their request for class action certification is set for Nov. 14, court records show.
Lawson and Lee are also named as defendants.
Through multiple law enforcement agencies decided to close the bridge on Sept. 1, 2005, Gretna has taken the brunt of criticism for its role and is defending itself in five lawsuits, all seeking unspecified damages.
Four of the lawsuits are in U.S. District Court and one is in Orleans Parish Civil District Court.
