Louisiana Personal Injury Lawyer Blog
Do you know your constitutional rights? In 2014 one-third of Americans were unaware of their First Amendment rights according to a Newseum Institute survey. This is an alarming truth that we, as citizens, must face. Here are some questions I pose to you: Do you know your Fourth Amendment rights? Can a law enforcement officer arrest someone without probable cause? What is probable cause? What is qualified immunity? A recent lawsuit filed against the Shreveport Police Department can help settle some of these questions.
This lawsuit originates from a verbal disagreement at a college football game between Joseph Barber Jr. and concessions stand employee. Officer Mogavero of the Shreveport Police Department arrived on the scene, which is when the situation became physical. Officer Mogavero struck Barber and left him with broken facial bones, nerve damage and rendered him unconscious. Officer Mogavero arrested Barber for public drunkenness and simple assault.
Barber filed a lawsuit against Officer Mogavero in his individual capacity. Barber alleged in his complaint that Mogavero falsely arrested him and subjected him to excessive force. In response, Officer Mogavero filed a motion for summary judgment in District Court. A motion for summary judgment is filed when there are no disagreements over the facts of the case; this is left up to the court’s discretion. Office Mogavero also argued that he was entitled to qualified immunity, which is given to government officials for the purpose of protecting them from liability for any actions when their conduct does not violate an individual’s constitutional rights. Qualified immunity as shields government officials from lawsuits while performing their job.
When asserting a claim under constitutional law, the moving party must meet a specific standard that is easily navigated by an attorney. As one Louisiana man recently learned, without the help of a lawyer, navigating these pleading standards can be difficult and detrimental to the outcome of your case.
In a lawsuit, a client’s claims need to be monitored every step of the way. If an issue is revived in an appeal, an attorney must keep track of it and reinforce it at each new representation. If an attorney doesn’t continue to assert a claim, a court might think the party abandoned the issue and the court will not review it on appeal. Keeping these claims alive is not a major undertaking, but as Glenn E. Alphonse, Jr. learned in his recent case, even the slightest misstep in this area can make or break an outcome. 
We enter into contracts all the time without putting the agreement in writing; we form contracts when we buy a cup of coffee, when we shop online, etc. Some types of contracts, however, are required by law to be in writing. Kevin and Monica Schmidt (the Schmidts) learned this the hard way when they could not enforce an oral agreement to frack oil wells in Beauregard Parish.
Sometimes we don’t have the best neighbors. For example, a neighbor might block access to your land, arguing that it is, in fact, the neighbor’s land you traverse on a daily basis. When such a dispute arises, get a good real estate attorney. If ingress to a piece of your property requires you to pass over someone else’s land, you might need to seek an easement. An easement is simply a right of passage through someone else’s land. This can be done in one of three ways: (1) by agreement, (2) by traditional or historic use, or (3) by necessity. In a recent case, the parties fought over the right to pass over a gravel road in Webster Parish, Louisiana. In the case, the court discusses its discretion in deciding whether an easement is necessary. 
The importance of adhering to required timelines and District Court orders could not be overstated. A failure to comply with court deadlines can result not only in your claims being dismissed but also a heavy fine. Former inmates at Richwood Correctional Center (“RCC”) learned that the hard way on appeal in the Louisiana Second Circuit of Appeal.
How familiar are you with your motorist insurance policy? Are you fully covered for uninsured/underinsured motorist coverage? In Louisiana, uninsured motorist coverage protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage, on the other hand, steps in when you’re in an accident with an at-fault driver whose liability limits are too low to cover the damage or medical expenses. Every insurance policy in Louisiana is considered to include uninsured/underinsured motorist coverage unless it is validly rejected. In a recent case, the Louisiana Fourth Circuit Court of Appeal found that an electronic signature on an online form was valid to uphold an insurance policy. 
A unique feature of our American federal system is the separate yet intertwined system of state and federal courts. Sometimes a dispute may begin in a state court and end up in federal court. And sometimes, there may end up being parallel proceedings in both the state and federal systems. There are limits, however. A federal court can decline to hear an action if there is a parallel proceeding in the state court system. Recently, the Fifth Circuit Court of appeal was called upon to determine whether a district court erred when it declined to hear a declaratory action and related counterclaims.
Reasonable minds could perhaps agree that “reasonableness” is a word not easily defined. What is reasonable to one person may or may not be reasonable to another. Yet, “reasonableness” is often the term used to measure the soundness of lower courts’ decisions on appeal. And in the case at hand, a “reasonable” conclusion by one person completely barred an entire personal injury lawsuit against multiple parties.
When it comes to road safety, you can only rely on yourself. Know the rules of the road and always take precautions. In a recent case, a car accident dispute was brought to court to determine the liability of the parties. The case explains the responsibilities of motorists in Louisiana and why you should only rely on yourself for proper road safety and not assume that everyone else will take adequate precautions. The plaintiffs in a recent case learned this lesson the hard way.