David Clay Clarke's Legal Cases (3)

Litigation

Biagas v. St. Landry Parish Sheriff Office, 13-642 (La. App. 3 Cir. 12/11/13); 132 So. 3d 971

Dec 11, 2013

OUTCOME: Case dismissed in favor of our clients.

Plaintiff alleged that he was the victim of execessive force and offensive statements during his arrest by local sheriff's deputies. At trial, we filed a motion for involuntary dismissal of the plainti ... ff's claims on the basis that excessive force was not used during hte arrest and the plaintiff suffered no physical injuries. We also argued that even assuming the deputies made the offsensive remarks, there was no evidence that the presented that the deputies knew that the plaintiff the particularly susceptible to emotional distress or that they desired to inflict severe emotional distress. The trial court agreed and dismissed the plaintiff's case in favor of our clients. The plaintiff's appeals to the Louisiana Third Circuit Court of Appeal and the Louisiana Supreme Court were denied.

Litigation

Quebedeaux v. Guillory, 2013 U.S. Dist. LEXIS 27124 (W.D. La. Jan. 31, 2013)

Jan 31, 2013

OUTCOME: Case dismissed in favor of our client

The plaintiff alleged violation of due process and other claims against our client, a local parish sheriff's office, following the execution of a writ of sequestration (seizure of property) as ordered ... by a state district court. We filed a motion to dismiss the plaintiff's claims based on his failure to state a claim for which relief may be granted. The U.S. District Court for the Western District of Louisiana agreed and dismissed the plaintiff's case.

Litigation

Webb v. Lasalle, 2012 U.S. Dist. LEXIS 170572, 2012 WL 6061738 (W.D. La. Nov. 30, 2012)

Nov 30, 2012

OUTCOME: Case dismissed in favor of client

The plaintiffs sued multiple public and private defendants under 42 U.S.C. §§ 1983, 1985 and 1986 alleging various federal and state constitutional violations. The plaintiffs also sued our client, a lo ... cal municipal police department. The plaintiffs alleged that the defendants conspired to violate the plaintiff's civil rights of one plaintiff by falsifying the plaintiff's involvment in criminal activities that caused the loss of his job as a municipal crossing guard. The plaintiffs also alleged other damages. The United States District Court for the Western District of Louisiana dismissed all of the plaintiffs' claims following Motions to Dismiss filed by our client and the other defendants. The United States Court of Appeals for the Fifth Circuit denied the plaintiffs' appeal.

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