Johnson v. Webre

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

KENNETH JOHNSON CIVIL ACTION

VERSUS NO. 20-2703

CRAIG WEBRE, et al. SECTION: “G”

ORDER AND REASONS

This litigation arises from an alleged controversy over the residence of Lafourche Parish

School Board member and Defendant Richmond Boyd (“Boyd”).1 Plaintiff Kenneth Johnson

(“Plaintiff”) brings claims against Defendants Lafourche Parish District Attorney Kristine Russell

(“Russell”), Lafourche Parish Sheriff Craig Webre (“Webre”), Lafourche Parish School Board

member Richmond Boyd (“Boyd”), Boyd’s wife and Lafourche Parish Librarian Kaina Boyd

(“Mrs. Boyd”), Lafourche Parish Detective Nicholas Pepper (“Pepper”), Lafourche Parish

Assistant District Attorney Allie Fournet (“Fournet”), and Judge Christopher Boudreaux of the

Seventeenth Judicial District Court for the Parish of Lafourche (“Judge Boudreaux”)

(collectively, “Defendants”).2 Before the Court is Webre and Pepper’s (collectively, “Sheriff

Defendants”) “12(b)(6) Motion to Dismiss Second Amended Complaint for Failure to State a

Claim and Alternatively, 12(e) Motion for a More Definite Statement and 12(f) Motion to

1 See Rec. Doc. 50.

2 Id.

Strike.”3 Plaintiff opposes the motion.4 Considering the motion, the memoranda in support and

in opposition, the record, and the applicable law, the Court grants the motion and dismisses

Plaintiff’s federal claims against Sheriff Defendants without prejudice. The Court declines to

exercise supplemental jurisdiction over any remaining state law claims.

I. Background

A. Factual Background/State Court Proceedings

In the Second Amended Complaint, Plaintiff alleges that Boyd lives in Raceland, not in

the district of Thibodaux where he is elected to the School Board.5 Plaintiff further alleges that

Boyd’s “influence as an elected school board member and bail bondsman” allowed him to

influence Defendants Webre, Pepper, Russell, Fournet, and Judge Boudreaux into “silencing”

Plaintiff’s free speech.6 Specifically, Plaintiff alleges that Boyd and Mrs. Boyd obtained

permanent protective orders (the “Protective Orders”) in the Seventeenth Judicial District Court

for the Parish of Lafourche, prohibiting Plaintiff from abusing, harassing, or stalking Boyd and

Mrs. Boyd.7 Plaintiff asserts that Boyd and Mrs. Boyd have had Plaintiff “arrested, incarcerated,

or brought before a judge a total of twenty times” for violating the Protective Orders.8 On April

18, 2018, Judge Boudreaux denied as untimely motions Plaintiff filed in state court to amend the

Protective Orders and for a new trial.9

3 Rec. Doc. 63.

4 Rec. Doc. 104.

5 Id. at 1.

6 Id.

7 Id. at 9. See also Rec. Docs. 50-1, 50-3 at 21.

8 Rec. Doc. 50 at 9.

9 Rec. Doc. 50-10 at 18–19.

On May 31, 2019, Plaintiff filed a petition in the same state court for a temporary

restraining order against Boyd, alleging that Boyd threatened Plaintiff and had him arrested for

violating the Protective Orders where Plaintiff attended church service and did not know Boyd

would also be attending.10 Plaintiff alleges this petition was denied11 and that his most recent

arrests for violation of the Protective Orders occurred on March 17, 2020, and July 23, 2020.12

On February 2, 2021, Plaintiff filed a motion to dissolve the Protective Orders in state court.13

However, on February 5, 2021, during a hearing to determine whether Plaintiff was in contempt

of court for violating the Protective Orders, Judge Boudreaux denied the motion to dissolve,

concluding that it was actually an untimely appeal.14

Judge Boudreaux also found Plaintiff in contempt of court for violating the Protective

Orders and entered a contempt judgment (the “Contempt Judgment”) on February 22, 2021.15

Plaintiff alleges that he “filed a timely Notice of Appeal [of the Contempt Judgment] and

requested a ‘Return Date’ for the appeal, which was denied.”16 On March 2, 2021, Plaintiff

petitioned for a writ of mandamus17 and alleges that, “as of now, the order has not been signed

10 Rec. Doc. 50-4 at 1–5.

11 Rec. Doc. 50 at 5.

12 Id. at 10.

13 Rec. Doc. 50-8 at 7.

14 See Rec. Doc. 50-15 at 6 (determining that the motion was “nothing more than a rehash of the issues that

were addressed in the original hearing on the protective order”).

15 Rec. Doc. 50-8 at 25–26.

16 Rec. Doc. 50 at 11–12.

17 Rec. Doc. 50-8 at 14–15.

by [Judge] Boudreaux and Plaintiff Johnson’s time for appeal is set to expire.”18 On April 1, 2021,

another judge in the Seventeenth Judicial District Court granted Plaintiff’s motion to recuse Judge

Boudreaux from future proceedings in the state court matter.19

B. Procedural Background/Federal Court Proceedings

On October 2, 2020, Plaintiff filed a Complaint in this Court.20 On January 19, 2021,

Plaintiff filed an Amended Complaint.21 On April 2, 2021, Plaintiff filed a Second Amended

Complaint against Defendants, seeking declaratory and injunctive relief and monetary damages.22

Plaintiff asserts three claims against Sheriff Defendants. First, Plaintiff claims Sheriff

Defendants violated Plaintiff’s rights to freedom of speech, expression, and protest by

“unlawfully arresting individuals engaged in free speech and protest . . ., implement[ing] customs,

practices, and/or policies through which individuals are detained . . . for exercising their free

speech,” and encouraging, authorizing, directing, condoning, and ratifying unconstitutional and

unlawful conduct.23 Specifically, Plaintiff alleges that “Webre failed to train police officers about

the constitutional rights of individuals to speak freely” and the “customs, practices and policies

violated clearly established law.”24 Second, Plaintiff claims that Sheriff Defendants violated

Plaintiff’s rights to freedom of speech and due process by enforcing “a contradictory and

18 Rec. Doc. 50 at 12.

19 Rec. Doc. 50-16 at 1.

20 Rec. Doc. 2. The Complaint also named the State of Louisiana, the Lafourche Parish Sheriff’s Office, and

the Lafourche Parish School Board. These parties were not named in the subsequent pleadings.

21 Rec. Doc. 31.

22 Rec. Doc. 50 at 19–20.

23 Id. at 13–15.

24 Id. at 15.

confusing protective order[s] . . . that were unclear, gave plaintiff no opportunity to present

evidence, and gave law enforcement instructions to arrest plaintiff solely on the word of

[Boyd].”25 Third, Plaintiff claims that Sheriff Defendants subjected Plaintiff to false arrest and

imprisonment under the Fourth Amendment of the United States Constitution and 42 U.S.C.

§ 1983 by “arrest[ing] and incarcerat[ing] Plaintiff [] without probable cause and in bad faith.”26

On May 7, 2021, Sheriff Defendants filed the instant motion to dismiss.27 On May 28,

2021, Plaintiff filed an unopposed motion to stay because Plaintiff’s counsel was suspended by

the Louisiana Supreme Court.28 This Court granted Plaintiff’s motion and stayed the case to

provide time for Plaintiff’s counsel to be reinstated to the practice of law.29

On June 7, 2022, the Court conducted a status conference30 and lifted the stay.31 During

the status conference, the Court informed the parties that the instant motion would be noticed for

submission on July 13, 2022.32 Plaintiff was told to “file any opposition in accordance with the

Local Rules.”33 Pursuant to Local Rule 7.5, any opposition to a motion must be filed eight days

before the noticed submission date.34 Therefore, Plaintiff’s opposition to the instant motion was

25 Id. at 16.

26 Id. at 17–18.

27 Rec. Doc. 63.

28 Rec. Docs. 75, 75-1.

29 Rec. Doc. 81.

30 Rec. Doc. 103.

31 Rec. Doc. 102.

32 Id. at 1–2.

33 Id. at 2.

34 EDLA Local Rule 7.5.

due on July 5, 2022. On July 13, 2022, Plaintiff filed his opposition to the instant motion.35 On

July 15, Sheriff Defendants filed a motion to strike Plaintiff’s opposition as untimely.36 However,

on July 19, 2022, the Court denied Sheriff Defendants’ motion to strike.37

II. Parties’ Arguments

A. Sheriff Defendants’ Arguments in Support of the Motion to Dismiss

Sheriff Defendants make eight arguments in support of their motion. First, Sheriff

Defendants argue that, “[a]s a preliminary matter, this Court should refrain from hearing this

case” pursuant to the Younger abstention doctrine and the Rooker-Feldman doctrine.38 Sheriff

Defendants aver that, under Younger, the court should abstain from hearing Plaintiff’s claims

because Boyd and Ms. Boyd’s civil actions are still pending, those civil actions implicate the

important state interests of enforcing state laws and protecting Louisiana citizens, and Plaintiff

has had the opportunity to raise constitutional challenges in those proceedings.39 Sheriff

Defendants also assert that the Rooker-Feldman doctrine requires dismissal because Plaintiff

“complains of the issuance and contents of [the Protective Orders].”40

Second, Sheriff Defendants argue that Plaintiff’s § 1983 and state-based tort claims have

prescribed, including “the only alleged action taken by [Pepper].”41 Third, Sheriff Defendants

argue they “are protected by official immunity” because “Plaintiff fails to allege the violation of

35 Rec. Doc. 104.

36 Rec. Doc. 109.

37 Rec. Doc. 113.

38 Rec. Doc. 63-1 at 1.

39 Id. at 5–6.

40 Id. at 6.

41 Id. at 7.

any specific constitutional right” and because their “conduct was ‘objectively reasonable’ in light

of the [Protective Orders].”42

Fourth, Sheriff Defendants argue that Plaintiff failed to state a claim under Monell v.

Department of Social Services43 because “Plaintiff has failed to adequately allege the deprivation

of any constitutional right” and “failed to identify any policy or custom which could have

allegedly caused any such deprivation.”44 Furthermore, Sheriff Defendants aver that “Plaintiff

does not identify any other similar alleged violations which would amount to a pattern and thus

has failed to adequately plead deliberate indifference.”45 Thus, Sheriff Defendants conclude that

“Plaintiff asserts nothing more than mere conclusions, incorporating boilerplate Monell

language,” and so fails to adequately state a claim for relief.46

Fifth, Sheriff Defendants argue that Plaintiff fails to adequately state any other claim for

relief because “Plaintiff offers his legal conclusion that his First, Fourth, and Fourteenth

Amendment rights were violated but fails to delineate the acts that constitute those purported

violations.”47 Sheriff Defendants aver that “enforcement of protective orders is not a violation of

law; it is not a deprivation of constitutional rights; and, it does not give rise to any cause of action

under state or federal law.”48 Rather, Sheriff Defendants assert that it is their duty to enforce

42 Id. at 8–9.

43 436 U.S. 658 (1978).

44 Rec. Doc. 63-1 at 9.

45 Id. at 10.

46 Id. at 11–12.

47 Id. at 12.

48 Id. at 13.

protective orders.49 Therefore, Sheriff Defendants conclude that “there is no wrongful act alleged

that would give rise to any cause of action under Louisiana state law.”50

Sixth, Sheriff Defendants argue that Plaintiff fails to state a claim for malicious

prosecution or false imprisonment.51 Sheriff Defendants aver that “Plaintiff’s admission of the

existence of valid court orders of protection negate the fourth and fifth elements of malicious

prosecution – probable cause and malice.”52 Furthermore, Sheriff Defendants assert that Plaintiff

fails to “satisfy the ‘bona fide termination’ element of a malicious prosecution or false

imprisonment claim.53 Therefore, Sheriff Defendants conclude that those claims should be

dismissed with prejudice.54

Seventh, Sheriff Defendants argue that, alternatively, the Court should grant their request

for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) because “Plaintiff

fails to allege, with any level of specificity, underlying conduct by the Sheriff Defendants that

give rise to a constitutional violation.”55 Eighth, Sheriff Defendants argue that, alternatively, the

Court should strike “admittedly time-barred and prescribed claims” from the Second Amended

Complaint pursuant to Rule Federal Rule of Civil Procedure 12(f).56

B. Plaintiff’s Arguments in Opposition to the Motion to Dismiss

49 Id.

50 Id. at 14.

51 Id.

52 Id.

53 Id. at 15.

54 Id.

55 Id. at 16–17.

56 Id. at 17

Plaintiff makes six arguments in opposition to Sheriff Defendants’ motion.57 First,

Plaintiff argues that the Younger abstention doctrine does not apply to this matter because “there

is no ongoing state judicial proceedings. Nor is the second and third factors [of the Younger

abstention doctrine] met, as the proceedings do not implicate important state interests and the

proceedings do raise Constitutional challenges.”58 Plaintiff avers that Sheriff Defendants state

“very vaguely” that important state interests are implicated without identifying those interests.59

Plaintiff also asserts that Plaintiff’s other opportunities to raise Constitutional issue are irrelevant

to the analysis.60

Second, Plaintiff argues that the Rooker-Feldman doctrine does not apply to this matter

because, although the Protective Orders were final state-court judgments, they were “only part of

the complaint, which also focuses heavily on issues [of] harassment, stalking, and Fourteenth

Amendment violations that [a]rose out of the order.”61 Plaintiff avers that, therefore, because the

Second Amended Complaint “is not an appeal of the [Protective Orders] . . . the Rooker-Feldman

doctrine is irrelevant.”62

Third, Plaintiff argues that, contrary to Sheriff Defendants’ assertions, Plaintiff did not

admit that any claims were prescribed in the Second Amended Complaint.63 Fourth, Plaintiff

argues that Sheriff Defendants are not entitled to immunity because the Second Amended

57 See Rec. Doc. 104.

58 Id. at 5–6.

59 Id. at 6.

60 Id.

61 Id. at 7.

62 Id.

63 See id. at 7–8.

Complaint states violations of clearly established constitutional rights by alleging harassment,

false imprisonment, and defamation of character.64 Plaintiff also avers that Sheriff Defendants’

assertion that it is unquestionable that their conduct was reasonable “is a tautological argument,

as the question of whether [Sheriff] Defendants acted reasonably is one of the issues that Plaintiff

has raised in the complaint.”65

Fifth, Plaintiff argues that the Second Amended Complaint states a Monell claim by

showing “the existence of a policy within the Department that caused damages to Plaintiff.”66

Plaintiff avers that “inadequacy of training can serve as the basis for liability when the failure to

train ‘amounts to deliberate indifference to the rights of persons with whom the police come into

contact.’”67 Plaintiff concludes that, “[i]n this case, where the police department has blatantly

violated Plaintiff’s constitutional rights, such an analogy would be proper.”68

Sixth, Plaintiff argues that the Second Amended Complaint has stated a claim which

entitles him to relief by clearly stating allegations of harm caused through his wrongful arrest,

and retaliation through arrests and vague protective orders based on Plaintiff’s protected speech.69

Therefore, Plaintiff concludes that Sheriff Defendants’ motion should be denied.70

III. Legal Standards

A. Legal Standard for a Rule 12(b)(1) Motion to Dismiss

64 Id. at 8.

65 Id.

66 Id.

67 Id. at 9 (citing City of Canton, Ohio v. Harris, 489 U.S. 378, 388 (1989)).

68 Id.

69 See id.

70 Id. at 10.

“Federal courts are courts of limited jurisdiction,” and “possess only that power

authorized by Constitution and statute.”71 It is a “first principle of jurisdiction” that a federal court

must dismiss an action “whenever it appears that subject matter jurisdiction is lacking.”72

Accordingly, a claim is “properly dismissed for lack of subject-matter jurisdiction when the court

lacks the statutory or constitutional power to adjudicate” it.73 “When a Rule 12(b)(1) motion is

filed in conjunction with other Rule 12 motions, the court should consider the Rule 12(b)(1)

jurisdictional attack before addressing any attack on the merits.”74 This practice “prevents a court

without jurisdiction from prematurely dismissing a case with prejudice.”75 When opposing a

12(b)(1) motion, as at all other times, the party asserting jurisdiction bears the burden to prove

that the Court has jurisdiction.76

B. Legal Standard for a Rule 12(b)(6) Motion to Dismiss

Federal Rule of Civil Procedure 12(b)(6) provides that an action may be dismissed “for

failure to state a claim upon which relief can be granted.”77 A motion to dismiss for failure to

state a claim is “viewed with disfavor and is rarely granted.”78 “To survive a motion to dismiss,

a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim for relief that

71 Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted).

72 Stockman v. Fed. Election Comm'n, 138 F.3d 144, 151 (5th Cir. 1998) (citations omitted).

73 In re FEMA Trailer Formaldehyde Prod. Liab. Litig. (Mississippi Plaintiffs), 668 F.3d 281, 286 (5th Cir.

2012) (citations omitted).

74 Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001) (citations omitted).

75 In re FEMA Trailer, 668 F.3d at 287.

76 Ramming, 281 F.3d at 161.

77 Fed. R. Civ. P. 12(b)(6).

78 Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir. 1982).

is plausible on its face.’”79 “Factual allegations must be enough to raise a right to relief above the

speculative level.”80 A claim is facially plausible when the plaintiff has pleaded facts that allow

the court to “draw a reasonable inference that the defendant is liable for the misconduct

alleged.”81

On a motion to dismiss, asserted claims are liberally construed in favor of the claimant,

and all facts pleaded are taken as true.82 However, although required to accept all “well-pleaded

facts” as true, a court is not required to accept legal conclusions as true.83 “While legal

conclusions can provide the framework of a complaint, they must be supported by factual

allegations.”84 Similarly, “[t]hreadbare recitals of the elements of a cause of action, supported by

mere conclusory statements” will not suffice.85

The complaint need not contain detailed factual allegations, but it must offer more than

mere labels, legal conclusions, or formulaic recitations of the elements of a cause of action.86 That

is, the complaint must offer more than an “unadorned, the defendant-unlawfully-harmed-me

accusation.”87 From the face of the complaint, there must be enough factual matter to raise a

79 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570

(2008)).

80 Twombly, 550 U.S. at 556.

81 Id. at 570.

82 Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 164 (1993); see

also Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322–23 (2007).

83 Iqbal, 556 U.S. at 677–78.

84 Id. at 679.

85 Id. at 678.

86 Id.

87 Id.

reasonable expectation that discovery will reveal evidence as to each element of the asserted

claims.88 If factual allegations are insufficient to raise a right to relief above the speculative level,

or if it is apparent from the face of the complaint that there is an “insuperable” bar to relief, the

claim must be dismissed.89

IV. Analysis

Sheriff Defendants first argue that this Court lacks subject matter jurisdiction over

Plaintiff’s claims because: (1) the Younger abstention doctrine bars Plaintiff’s claims as an

attempt to relitigate ongoing state proceedings; and (2) the Rooker-Feldman doctrine bars

Plaintiff’s claims as an attempt to appeal the Protective Orders. Sheriff Defendants also argue that

Plaintiff fails to state a claim because Plaintiff’s claims are prescribed, Sheriff Defendants are

entitled to immunity, and Plaintiff fails to state Monell, First Amendment free speech, false

imprisonment, and malicious prosecution claims against them. As required by the Fifth Circuit,

the Court addresses the jurisdictional issues first90 and finds that it lacks subject matter

jurisdiction over Plaintiff’s claims against Sheriff Defendants in this matter.

A. Plaintiff’s Claims Should be Dismissed Under the Rooker-Feldman Doctrine

Sheriff Defendants argue that Plaintiff’s claims should be dismissed pursuant to the

Rooker-Feldman doctrine. Under the Rooker-Feldman doctrine, federal courts lack subject matter

jurisdiction to review or modify the final decisions of state courts unless there is a federal statute

88 Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 257 (5th Cir. 2009).

89 Moore v. Metro. Human Serv. Dep’t, No. 09-6470, 2010 WL 1462224, at * 2 (E.D. La. Apr. 8, 2010)

(Vance, C.J.) (citing Jones v. Bock, 549 U.S. 199, 215 (2007)); Carbe v. Lappin, 492 F.3d 325, 328 n. 9 (5th Cir.

2007).

90 See Ramming, 281 F.3d at 161 (“When a Rule 12(b)(1) motion is filed in conjunction with other Rule 12

motions, the court should consider the Rule 12(b)(1) jurisdictional attack before addressing any attack on the

merits.”) (citations omitted).

that specifically permits such a review.91 In Rooker v. Fidelity Trust Co., the plaintiff filed suit in

federal district court, claiming that the state court, in a case in which the plaintiff was a party, had

given effect to a state statute alleged to be in conflict with the contract clause of the Constitution

and the due process and equal protection clauses of the Fourteenth Amendment.92 The Supreme

Court held that “[i]f the constitutional questions stated in the bill actually arose in the cause, it

was the province and duty of the state courts to decide them; and their decision, whether right or

wrong, was an exercise of jurisdiction.”93 The Supreme Court explained that the district court

lacked jurisdiction because “no court of the United States other than [the Supreme Court] could

entertain a proceeding to reverse or modify the judgment for errors of that character.”94

In District of Columbia Court of Appeals v. Feldman, two plaintiffs brought suit in federal

court challenging the District of Columbia Court of Appeals’ refusal to waive a court rule

requiring District of Columbia bar applicants to have graduated from an accredited law school.95

The Supreme Court held that the proceedings before the District of Columbia Court of Appeals

were judicial in nature and the district court lacked subject matter jurisdiction over their claims.96

The Supreme Court found that district courts do not have jurisdiction “over challenges to state

court decisions in particular cases arising out of judicial proceedings, even if those challenges

allege that the state court’s action was unconstitutional.”97

91 Union Planters Bank Nat’l Ass’n v. Salih, 369 F.3d 457, 462 (5th Cir. 2004).

92 Rooker v. Fid. Trust Co., 263 U.S. 413, 414–15 (1923).

93 Id. at 415.

94 Id. at 416.

95 460 U.S. 462, 464–65 (1983).

96 Id. at 482.

97 Id. at 486.

The Supreme Court has cautioned that the Rooker-Feldman doctrine is “confined to cases

of the kind from which the doctrine acquired its name: cases brought by state-court losers

complaining of injuries caused by state-court judgments rendered before the district court

proceedings commenced and inviting district court review and rejection of those judgments.”98

“Rooker-Feldman does not otherwise override or supplant preclusion doctrine or augment the

circumscribed doctrines that allow federal courts to stay or dismiss proceedings in deference to

state-court actions.”99

In Truong v. Bank of America, N.A., the Fifth Circuit explained that the two hallmarks of

the Rooker-Feldman inquiry are: (1) “what the federal court is being asked to review and reject;”

and (2) “the source of the federal plaintiff’s alleged injury.”100 Recently, in Miller v. Dunn, the

Fifth Circuit clarified that “Rooker-Feldman is inapplicable where a state appeal is pending when

the federal suit is filed.”101

In the Second Amended Complaint, Plaintiff brings federal and state law claims against

Sheriff Defendants and seeks declaratory and injunctive relief and damages from the Protective

Orders.102 Specifically, Plaintiff asks this Court to enjoin Sheriff Defendants from enforcing the

Protective Orders and to declare that the Protective Orders are too restrictive on Plaintiff’s rights

to free speech, overly vague, and constitutionally infirm.103 Finally, Plaintiff asks the Court to

98 Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 283 (2005).

99 Id.

100 717 F.3d 377, 382 (5th Cir. 2013) (citing Exxon Mobil Corp., 544 U.S. at 284).

101 35 F.4th 1007, 112 (5th Cir. 2022).

102 See Rec. Doc. 50 at 19–20.

103 Id. at 20.

“award Plaintiff actual and punitive damages against [Sheriff Defendants].”104

As a threshold matter, the Rooker-Feldman doctrine only applies to claims based on state

court judgments rendered before the district court proceedings commenced.105 The Protective

Orders were issued on February 6, 2018, and Plaintiff filed this lawsuit on October 2, 2020.106

Therefore, undoubtedly, Plaintiff’s claims based on the Protective Orders are claims against state

court judgments rendered before the district court proceedings commenced.

Thus, since Plaintiffs claims against Sheriff Defendants refer to state-court judgments

rendered before the instant federal proceeding commenced, the Court must conduct an analysis

as to whether the Rooker-Feldman doctrine bars those claims. First, the Court will consider

whether Rooker-Feldman bars consideration of Plaintiff’s claims against Sheriff Defendants to

the extent that he explicitly seeks declaratory and injunctive relief from a state court judgment.

Then, the Court will consider whether, construing Plaintiff’s Complaint liberally, those claims,

for which he also seeks damages, constitute independent claims beyond the scope of Rooker-

Feldman.

1. The Court is Barred from Considering Plaintiff’s Claims against Sheriff

Defendants for which he Claims Injunctive Relief and Damages Pursuant to

the Rooker-Feldman Doctrine

“The Supreme Court has definitively established, in what has become known as the

Rooker-Feldman doctrine, that federal district courts, as courts of original jurisdiction, lack

appellate jurisdiction to review, modify, or nullify final orders of state courts.”107 If a state trial

104 Id.

105 Exxon Mobil Corp., 544 U.S. at 284.

106 Rec. Doc. 2.

107 Weekly v. Morrow, 204 F.3d 613, 615 (5th Cir. 2000) (emphasis added) (internal quotation marks and

court errs the judgment is not void, it is to be reviewed and corrected by the appropriate state

appellate court. Thereafter, recourse at the federal level is limited solely to an application for a

writ of certiorari to the United States Supreme Court.”108

In the Second Amended Complaint, Plaintiff appears to seek declaratory and injunctive

relief from the Protective Orders. The Protective Orders, as permanent injunctions, are

undoubtedly final judgments under Louisiana law. Under Louisiana law, “[a] permanent

injunction is a final judgment which extends the life of the proceeding in which it was granted

until it is either modified or revoked by the district court which issued it.”109 Plaintiff concedes

that the Protective Orders are final judgments of the state court.110 The finality of the Protective

Orders is further evidenced by both the fact that the state court held Plaintiff in contempt for

violating those orders and that Judge Boudreaux denied Plaintiff’s motion to dissolve the

Protective Orders as an untimely appeal.111 Plaintiff does not suggest that an appeal of the

Protective Orders is pending. Thus, to the extent that Plaintiff seeks declaratory and injunctive

relief from the Protective Orders, the Court is barred from hearing such claims pursuant to the

Rooker-Feldman doctrine.112

citation omitted).

108 Id.

109 S. Cent. Bell Tel. Co. v. Dempster, 303 So. 2d 278, 279 (La. Ct. App. 1973).

110 Rec. Doc. 104 at 7.

111 Rec. Doc. 50-8 at 25–26; Rec. Doc. 50-15 at 6.

112 See Exxon Mobil Corp., 544 U.S. at 284 (holding that application of the Rooker-Feldman doctrine is

limited to cases “brought by state-court losers complaining of injuries caused by state-court judgments rendered

before the district court proceedings commenced and inviting district court review and rejection of those

judgments.”).

2. Plaintiff’s Claims against Sheriff Defendants for which he Seeks Damages are

not Independent Claims beyond the Scope of Rooker-Feldman

In addition to seeking declaratory and injunctive relief, Plaintiff also seeks monetary

damages. Accordingly, construing the Second Amended Complaint liberally, the Court will

consider whether Plaintiff’s claims constitute independent claims beyond the scope of Rooker-

Feldman.

The Fifth Circuit in Truong v. Bank of America, N.A. cautioned that in light of the “narrow

ground” Rooker-Feldman occupies, “it does not prohibit a plaintiff from ‘present[ing] some

independent claim, albeit one that denies a legal conclusion that a state court has reached in a case

to which he was a party.’”113 As discussed above, the Fifth Circuit explained that the two

hallmarks of the Rooker-Feldman inquiry are: (1) “what the federal court is being asked to review

and reject;” and (2) “the source of the federal plaintiff’s alleged injury.”114

However, in Truong, the Fifth Circuit also made a point to note that there is no “general

rule that any claim that relies on a fraud allegation is an ‘independent claim’ for Rooker-Feldman

purposes.”115 The Fifth Circuit cited a number of cases in which it had held that Rooker-Feldman

barred claims that judgments were fraudulently procured because the relief requested would

necessarily include reversing a state court judgment.116 Truong approvingly cited Turner v.

113 Truong, 717 F.3d at 385 (quoting Exxon Mobil Corp., 544 U.S. at 293).

114 Id. at 382 (citing Exxon Mobil Corp., 544 U.S. at 284).

115 Id. at 384 n.3.

116 Id. (citing Magor v. GMAC Mortg., L.L.C., 456 F. App’x 334, 336 (5th Cir. 2011); United States v.

Chase,117 Turner v. Cade118 and Sookma v. Millard,119 all unpublished decisions in which the

Fifth Circuit held that the Rooker-Feldman doctrine barred claims that state court divorce decrees

were procured through fraud because the federal plaintiffs had sought to void the adverse state

court judgments.120 In fact, Sookma involved a similar claim that the plaintiff’s state court

opponents and state judges together deprived her of her civil rights.121 There, the Fifth Circuit

found that the Rooker-Feldman doctrine barred review because the plaintiff sought, in addition

to damages, to enjoin the enforcement of a state divorce decree.122 By contrast, in the Fifth Circuit

cases cited in Truong for the proposition that a district court may have jurisdiction over

“independent claims” that do not seek to merely overturn the state court judgment, the plaintiffs,

unlike Plaintiff in the instant litigation, did not bring a direct attack on the judgment of a state

court.123

Shepherd, 23 F.3d 923, 924–25 (5th Cir. 1994).

117 334 F. App’x 657, 659–60 (5th Cir. 2009).

118 354 F. App’x 108, 110–11 (5th Cir. 2009).

119 151 F. App’x 299, 300–01 (5th Cir. 2005).

120 See Truong, 717 F.3d at 384 n.3.

121 Sookma, 151 F. App’x at 300–01.

122 Id.

123 See, e.g., Drake v. St. Paul Travelers Ins. Co., 353 F. App’x 901, 905 (5th Cir. 2009) (“In his present

complaint, [Plaintiff] is not inviting the district court to review and reject the judgment of the Texas state courts.

Instead, [the plaintiff] is seeking damages for [a defendant’s] allegedly fraudulent statements. Thus, Rooker-Feldman

is inapplicable in this case.”); Illinois Cent. R. Co. v. Guy, 682 F.3d 381, 391 (5th Cir. 2012) (“The Rooker-Feldman

doctrine does not apply to this case because adjudicating [the plaintiff’s] claims did not require the district court to

review any final judgment rendered by a state court.”).

Here, the Second Amended Complaint explicitly seeks declaratory and injunctive relief

from the state court judgments and damages.124 Plaintiff alleges that Sheriff Defendants harmed

him by: denying “his rights to assemble, speak, and demonstrate in public forum such as social

media platforms;” developing and implementing “customs, practices, and/or policies . . . [which]

caused the violation of Plaintiffs’ constitutional rights to speak freely;” failing “to train police

officers about the constitutional rights of individuals to speak freely;” depriving him an

“opportunity to present evidence;” not allowing him “a reasonable opportunity to understand what

conduct was criminal and what conduct was civil;” and arresting and incarcerating Plaintiff

“without probable cause and in bad faith.”125

These claims for damages stem directly from Sheriff Defendants’ enforcement of the

Protective Orders. Under Louisiana law, “[l]aw enforcement officers shall use every reasonable

means, including but not limited to immediate arrest of the violator, to enforce a preliminary or

permanent injunction or protective order.”126 The Second Amended Complaint does not allege

that Sheriff Defendants or their employees acted outside the scope of the Protective Orders, or

acted unlawfully in any other way, when interacting with Plaintiff. Rather, it seems that Plaintiff

avers that Sheriff Defendants are liable for enforcing, and instituting policies and trainings to

enforce, the Protective Orders.

This Court has previously found that such claims are “inextricably intertwined” with an

underlying judgment even where Plaintiff “alleges a range of claims against the defendants not

124 Rec. Doc. 50.

125 Id. at 14–18.

126 La. Rev. Stat. § 14:79(E)(1)

raised in the original proceedings.”127 Likewise, Plaintiff’s claims here implicate the underlying

state court judgment such that Plaintiff’s claims ultimately constitute a collateral attack on the

state court decree. Plaintiff even acknowledges that the Second Amended Complaint “involves

harassment, stalking, and Fourteenth Amendment violations that [a]rose out of the [Protective

Orders].”128 Accordingly, the Court finds that all of Plaintiff’s claims against Sheriff Defendants

are barred by the Rooker-Feldman doctrine because they are ‘inextricably intertwined’ with the

underlying Protective Orders. The Court could not rule in Plaintiff’s favor without overturning

the Protective Orders.129 Therefore, the Court finds that the Court lacks subject matter jurisdiction

over Plaintiff’s claims against Sheriff Defendants.130 Thus, Plaintiff’s federal claims against

Sheriff Defendants must be dismissed without prejudice. The Court also declines to exercise

supplemental jurisdiction over any remaining state law claims that Plaintiff appears to allege.131

127 See Smith v. Woods, 2020 WL 3606271, at *11 (E.D. La. July 2, 2020) (Brown, C.J.) (holding that the

Rooker-Feldman doctrine applied where Plaintiff challenged a state divorce judgment in this Court and sought

damages in addition to injunctive relief because “[t]he fact that Plaintiff seeks damages in addition to injunctive relief

does not negate the fact that Plaintiff’s claims ultimately constitute a collateral attack on the state court decree and

that Plaintiff ultimately seeks to overturn or void a state court judgment”), aff'd, 853 F. App’x 980 (5th Cir. 2021).

128 Rec. Doc. 104 at 7.

129 Smith, 2020 WL 3606271, at *11 (citing Shepherd, 23 F.3d at 924).

130 The Court notes that it would dismiss Plaintiff’s claims pursuant to Federal Rule of Civil Procedure

12(b)(6) because Plaintiff fails to state any claim against Sheriff Defendants other than that they enforced or

implemented policies and trained employees to enforce the Protective Orders in accordance with Louisiana law. See

Rec. Doc. 50 at 14–18; La. Rev. Stat. § 14:79(E)(1).

131 Even construing the complaint liberally, it is not clear that Plaintiff asserts state law claims. To the extent

that he does assert state law claims, a court’s decision whether to exercise supplemental jurisdiction after dismissing

every claim over which it had original jurisdiction is purely discretionary. Carlsbad Tech., Inc. v. HIF Bio, Inc., 556

U.S. 635, 639 (2009). Here, the Court elects to follow the “general rule [] to dismiss state claims when the federal

claims to which they are pendent are dismissed.” Parker & Parsley Petroleum Co. v. Dresser Ind., 972 F.2d 580,

585 (5th Cir. 1992).

V. Conclusion

Considering the foregoing reasons,

IT IS HEREBY ORDERED that Sheriff Defendants’ motion!” is GRANTED.

IT IS FURTHER ORDERED that Plaintiff's federal claims against Sheriff Defendants

in their official and individual capacities ace DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that the Court declines to exercise supplemental

jurisdiction over any remaining state law claims and any such claims are DISMISSED

WITHOUT PREJUDICE.

NEW ORLEANS, LOUISIANA, this ‘19th day of August, 2022.

NANNETTE JOLLYETTE BROWN

CHIEF JUDGE

UNITED STATES DISTRICT COURT

132 Rec. Doc. 63.

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