Opinion

Adams v. Walker

Court
District Court, E.D. Louisiana
Filed
Feb 15, 2022
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

MANUEL ADAMS, JR. CIVIL ACTION

VERSUS NO: 20-2794

ROBERT WALKER ET AL. SECTION: “H”

ORDER AND REASONS

Before the Court is Defendant City of Harahan’s Motion to Certify for

Interlocutory Appeal under 28 U.S.C. § 1292(b) and Stay Discovery (Doc. 50).

For the following reasons, the Motion is GRANTED.

BACKGROUND

Plaintiff Manuel Adams, a former Captain with the Harahan Police

Department, brings claims against the City of Harahan, Chief of Police Robert

Walker, and Assistant Chief of Police Keith Moody.1 Plaintiff began his career

1 Plaintiff’s most recently filed complaint is the First Amended Complaint. See Doc. 52.

However, the Motion before the Court is a request to certify for appeal an interlocutory order

on a motion to dismiss filed in response to Plaintiff’s original Complaint. See Docs. 50, 45, 32.

Thus, the allegations relevant to this Order appear in the earlier complaint. See Doc. 1.

with the Harahan Police Department (“HPD”) in January 2001. Plaintiff was

eventually promoted to Captain of the HPD—the department’s highest-

ranking civil service employee position. Plaintiff’s disciplinary record was

unblemished until October 15, 2019. On that day, Chief Walker determined

that Plaintiff violated departmental policies including, but not limited to,

“Conduct Unbecoming an Officer,” “Unsatisfactory Performance,” and “False

Statement.”2 Plaintiff contends that this finding, and the others addressed in

his Complaint, are the result of fabricated and unfounded investigations

concocted to destroy his career in law enforcement.

Pursuant to Louisiana Revised Statutes § 33:2561, Plaintiff, as a

classified civil service employee, had the right to appeal to the Harahan Fire

and Police Civil Service Board any disciplinary action taken against him that

he felt was taken without just cause within 15 days of the action. On October

19, 2019, before Plaintiff’s 15-day appeal period had expired, Chief Walker

emailed the office of the Jefferson Parish District Attorney (“JPDA”), notifying

the JPDA of the results of Plaintiff’s disciplinary hearing. As a result, the

JPDA placed Plaintiff on its Witness Notification/Giglio list.3 On October 22,

2019, Plaintiff timely appealed the HPD’s disciplinary action taken against

him. Regardless of the outcome of Plaintiff’s appeal, Plaintiff will remain on

the Witness Notification/Giglio list, as there is no legal basis for removal once

2 Doc. 1-11 at 3.

3 The Witness Notification/Giglio list is maintained by the JPDA in compliance with Brady

v. Maryland and Giglio v. United States, where the Supreme Court held that due process

requires the prosecution to turn over evidence favorable to the accused and material to their

guilt or punishment, which includes evidence that may be used to impeach the prosecution’s

witnesses, including police officers. See Brady v. Maryland, 373 U.S. 83 (1963); Giglio v.

United States, 405 U.S. 150 (1972).

an officer is placed on the list. Consequently, Plaintiff alleges that his career

in law enforcement is permanently impaired.

Plaintiff brings claims against the City of Harahan for violation of

Plaintiff’s procedural due process rights pursuant to 42 U.S.C. § 1983, stigma-

plus-infringement pursuant to § 1983, and for defamation, invasion of privacy,

and negligence under Louisiana state law. The City of Harahan previously

moved to dismiss Plaintiff’s § 1983 claims against it pursuant to Federal Rule

of Civil Procedure 12(c).4 In response, this Court held in relevant part that

Plaintiff pled sufficient facts to support a violation of procedural due process

based on a deprivation of Plaintiff’s liberty interest in his occupation as a law

enforcement officer.5 The Court explained that when a disciplinary process is

conducted by a biased decision-maker and there is no adequate appellate

process, there is a denial of procedural due process.6 Plaintiff sufficiently

alleged that Chief Walker was a biased decision-maker at the disciplinary

hearing because of his plan to destroy Plaintiff’s career. Plaintiff also

adequately pled that the appeals process with the Harahan Fire and Police

Civil Service Board was inadequate because it did not have the power to

remove Plaintiff’s name from the Giglio list. Further, the Court found that

Plaintiff alleged facts sufficient to hold the City of Harahan liable for the acts

4 See Doc. 32.

5 See Doc. 45 at 6–10.

6 See id. at 7 (citing Cordova v. La. State Univ. Agric. & Mech. Coll. Bd. of Supervisors, No.

6:19-CV-01027, 2020 WL 1695053, at *4 (W.D. La. Apr. 7, 2020)).

of Moody and Walker. The City’s motion to dismiss was therefore denied in

part.

Now before the Court is the City of Harahan’s Motion to Certify for

Interlocutory Appeal under 28 U.S.C. § 1292(b) the Court’s Order denying

dismissal as to Plaintiff’s liberty-interest claim outlined above (“the Order”).7

Plaintiff filed an opposition that provides no legal arguments against

certification, and the City replied in support of its Motion.8

LAW AND ANALYSIS

Pursuant to 28 U.S.C. § 1292, a court can allow for interlocutory appeal

of orders without directing entry of a final judgment on the order. For an

interlocutory order to be appealable pursuant § 1292(b), three conditions must

be satisfied. The trial judge must certify in writing that: (1) the order involves

a controlling question of law, (2) there exists a substantial ground for difference

of opinion on that question of law, and (3) an immediate appeal from the order

may “materially advance the ultimate termination of [the] litigation.”9 The

moving party carries the burden of showing the necessity of interlocutory

appeal.10 Interlocutory appeals are “exceptional” and should not be granted

“simply to determine the correctness of a judgment.”11

7 See Docs. 50 (Motion to Certify), 45 (Order).

8 See Docs. 54, 58.

9 28 U.S.C. § 1292; see also Rico v. Flores, 491 F.3d 234, 238 (5th Cir. 2007).

10 Chauvin v. State Farm Mut. Auto. Ins. Co., Nos. 06-7145, 2007 WL 4365387, at *2 (E.D.

La. Dec. 11, 2007).

11 Id. (quoting Clark-Dietz & Assocs.-Eng’rs, Inc. v. Basic Constr. Co., 702 F.2d 67, 68–69 (5th

Cir. 1983)).

The Court finds that the City of Harahan has carried its burden with

respect to each of the three considerations above. First, the Order involved a

controlling question of law insofar as it denied a motion to dismiss as to one of

Plaintiff’s due process claims.12 “A controlling question of law is one ‘that would

require reversal on appeal from a final judgment or would materially affect the

outcome of the case.’”13 Resolution of a controlling question of law need not

terminate the litigation entirely so long as it “would have some significant

impact on the advancement of the litigation.”14 “Additionally, controlling

questions of law generally must be purely legal in nature.”15

Here, there is a controlling question of a purely legal nature: whether

Plaintiff alleged facts sufficient to state a claim for deprivation of liberty

without due process of law against the City of Harahan. If Plaintiff were to

proceed to a final judgment on this claim, and the City were to successfully

appeal, the Fifth Circuit would have to reverse the judgment at least as to this

claim. While the resolution of this question may not end the entire litigation,

it will have a substantial impact.

Second, there also exists a substantial ground for a difference of opinion

as to Plaintiff’s due process claim. Courts often find as much “if novel and

12 See La. State Conf. of Nat’l Ass’n for the Advancement of Colored People v. Louisiana, 495

F. Supp. 3d 400, 413–414 (M.D. La. 2020) (holding that denial of a motion to dismiss involved

a controlling question of law).

13 D.H. Griffin Wrecking Co. v. 1031 Canal Dev., LLC, No. 20-1051, 2020 WL 7626817, at *3

(E.D. La. July 14, 2020) (quoting Jesclard v. Babcock & Wilcox, Civ. A. No. 82-1570, 1990 WL

182315, at *1 (E.D. La. Nov. 21, 1990)).

14 Id. (citing Ryan v. Flowserve Corp., 444 F. Supp. 2d 718, 723 (N.D. Tex. 2006); S.E.C. v.

Credit Bancorp, Ltd., 103 F. Supp. 2d 223, 227 (S.D.N.Y. 2000).

15 Id. (citing Williams v. Taylor, No. CIV.A. 15-321, 2015 WL 4755162, at *2 (E.D. La. Aug.

11, 2015)).

difficult questions of first impression are presented.”16 In the Order, this Court

stated that it was “[u]naware of any Supreme Court or Fifth Circuit

jurisprudence on point.”17 Thus, the question is at least novel. The question is

also difficult in light of the Giglio dynamic of this case. The City of Harahan

argues that any responsibility for placing Plaintiff on the Giglio list falls on

the actor who makes that decision, namely, the JPDA, not Chief Walker or

Assistant Chief Moody. Additionally, the City argues that law enforcement

officers have a duty to report certain information under Brady and Giglio.

While this Court acknowledged law enforcement’s reporting obligations under

Brady and Giglio—and in fact explained in the Order that the result reached

depended crucially on Plaintiff’s allegation that “the officers intentionally,

falsely accused the plaintiff of misconduct for the purpose of permanently

Giglio-impairing the plaintiff”—there is a difference of opinion on the issue.18

Finally, an immediate appeal from the Order may materially advance

the termination of this litigation. This inquiry is inherently related to the first,

namely, the controlling question of law.19 An immediate appeal of the Order

that results in a reversal and dismissal of Plaintiff’s due process claim against

the City of Harahan would simplify the issues before the Court.

16 Mitchell v. Hood, No. 13-5875, 2014 WL 1764779, at *5 (E.D. La. May 2, 2014) (quoting

Couch v. Telescope, Inc., 611 F.3d 629, 633 (9th Cir. 2010)); see also D.H. Griffin Wrecking

Co., 2020 WL 7626817, at *4.

17 Doc. 45 at 8.

18 Id. at 10; see generally Jonathan Abel, Brady’s Blind Spot: Impeachment Evidence in Police

Personnel Files and the Battle Splitting the Prosecution Team, 67 STAN. L. REV. 743 (2015).

19 D.H. Griffin Wrecking Co., 2020 WL 7626817, at *3 (“To this extent, the ‘controlling

question’ inquiry is inherently related to the requirement that resolution of the issue

materially advance the outcome of the litigation.”).

Accordingly, this Court, pursuant to § 1292(b), certifies for immediate

appeal the question of the legal sufficiency of Plaintiff's allegations as to his

liberty-interest claim because this is a controlling question of law as to which

there is substantial ground for difference of opinion and immediate appeal may

materially advance the ultimate termination of the litigation.

CONCLUSION

For the foregoing reasons, IT IS ORDERED that the City of Harahan’s

Motion to Certify for Interlocutory Appeal under 28 U.S.C. § 1292(b) and Stay

Discovery (Doc. 50) is GRANTED.

IT IS FURTHER ORDERED that, should application for appeal be

made timely after this Order, this case will be STAYED pending the outcome

of the appeal. If such application is not timely made, the case will proceed

without a stay.

New Orleans, Louisiana this 14th day of February, 2022.

g TRICHE Lh 3

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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