Complaint

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 1 of 14
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA
HERVEY FARRELL
CIVIL DOCKET: 14-772
VERSUS
JUDGE:
MITCHELL J. LANDRIEU, MAYOR

OF THE CITY OF NEW ORLEANS;
RONAL W. SERPAS, SUPERINTENDENT
OF THE NEW ORLEANS POLICE
DEPARTMENT, OFFICER ALFRED
MORAN, SERGEANT RICHARD
HUNTER, OFFICER JACK BUZALI
MANNING, AND JENNIFER GAUBERT
MAGISTRATE:
JURY TRIAL REQUESTED
******************************************************************************
COMPLAINT
1.
This complaint of Hervey Farrell, of lawful age and resident of the city of New Orleans,
Louisiana, within this judicial district, respectfully represents:
I. JURISDICTION
2.
Jurisdiction is invoked pursuant to 28 U.S.C. Section 1343(3) and 1331 for this cause of
action arising under 42 U.S.C. Section 1983 and 1988, the Civil Rights Act as amended.
3.
Plaintiff also asserts claims under pendant and supplemental jurisdiction, 28 U.S.C.
Section 1367, for claims cognizable under the laws of the State of Louisiana for false arrest,
kidnapping, and violation of plaintiffs constitutional rights and privileges.
II. PARTIES
4.
Made defendants herein are:
a. Mitchell J. Landrieu, the duly elected mayor of the City of New Orleans and a resident of
the city of New Orleans, Louisiana, who is herein sued in his official capacity;
b. Ronal W. Serpas, the superintendent of the New Orleans Police Department, and a
resident of the city of New Orleans, Louisiana, who is herein sued in his official capacity;
c. Officer Alfred Moran, a police officer employed by the New Orleans Police Department,
a resident of the city of New Orleans, Louisiana, who is herein sued in his individual and
official capacity;
d. Sergeant Richard Hunter, a police officer employed by the New Orleans Police
Department, a resident of the city of New Orleans, Louisiana, who is herein sued in his
individual and official capacity;
e. Officer Jack Buzali Manning, a police officer employed by the New Orleans the New
Orleans Police Department, a resident of the city of New Orleans, Louisiana, who is
herein sued in his individual and official capacity;
f. Jennifer Gaubert, a resident of the City of New Orleans, who is herein sued in her
individual capacity.
III. ALLEGATIONS
5.
On the morning of April 6, 2012, plaintiff, Mr. Farrell, was operating a White Fleet taxi
cab on or about Bourbon Street and Bienville Street, located in New Orleans, Louisiana.
Plaintiff observed an individual attempting to hail his cab, and thus pulled his taxi cab to the
corner of Bourbon Street and Bienville Street. The individual advised that he was seeking a taxi
cab service for a female individual, later identified as defendant, Jennifer Gaubert.
6.
Defendant, Jennifer Gaubert, entered the cab and appeared visibly intoxicated.
Defendant advised Mr. Farrell to bring her to 6640 Vicksburg Street, located in the city of New
Orleans. Mr. Farrell proceeded to drive defendant, Jennifer Gaubert, to that address. Upon
arrival at 6640 Vicksburg Street, defendant , Jennifer Gaubert, advised Mr. Farrell that this was
the incorrect address, and stated that she wanted him to keep driving.
7.
Mr. Farrell continued to drive the defendant down Vicksburg Street, until he again asked
defendant for the address or intersection at which she wished to be dropped off. Defendant,
Jennifer Gaubert, then advised Mr. Farrell that she wished for him to proceed down an alleyway
behind a row of homes. Mr. Farrell advised that he would not proceed down this alleyway, and
again asked defendant for the address or intersection at which she wished to be dropped off.
8.
Defendant, Jennifer Gaubert, proceeded to climb into the front seat of Mr. Farrells
vehicle, prompting Mr. Farrell to order defendant out of the vehicle. Ms. Gaubert refused, and
began to attempt to touch Mr. Farrell inappropriately, and conducted herself in a lewd and
lascivious manner while making sexually suggestive remarks and asking Mr. Farrell to touch
her. On one occasion, defendant touched Mr. Ferrells clothing located over his genital area.
9.
Mr. Farrell again ordered the defendant to get out of the vehicle, but Ms. Gaubert again
refused. Alarmed, and in order to protect himself, Mr. Farrell activated the video camera on his
mobile phone, and rested the phone against the drivers side window in order to obtain as full a
view of the inside of the vehicle as possible. Mr. Farrell again, while on video, ordered Ms.
Gaubert to exit the vehicle. Instead of complying, Ms. Gaubert continued to make sexually
suggestive remarks and exposed herself by lifting her dress.
10.
After several minutes of this activity, Ms. Gaubert finally complied and exited the
vehicle after she threatened Plaintiff. Plaintiff immediately telephoned the New Orleans Police
Department and advised that he had been sexually battered. A police officer arrived on scene,
observed the video taken by Mr. Farrell, and made a report of the incident. Misdemeanor
charges against Jennifer Gaubert were initiated in Orleans Parish Municipal Court as a result of
her actions against Plaintiff.
11.
Plaintiff, Mr. Farrell, also filed a civil complaint against Jennifer Gaubert, in order to
seek damages and an admission of her actions for purposes of maintaining his excellent record
with White Fleet Cab Company. During the course of this litigation, Mr. Ferrells attorney
sought settlement of the civil matter with Ms. Gauberts attorney, and conferred with her counsel
both through email and by telephone. At no time did Mr. Farrell ever email, or contact the
defendant in any way.
12.
Approximately one year after defendant sexually battered and threatened Plaintiff, on the
morning of April 5, 2013, Jennifer Gaubert contacted the New Orleans Police Department.
Defendant, Officer Alfred Moran, assigned to the Third District of the New Orleans Police
Department, arrived to conduct an investigation.
13.
Ms. Gaubert advised Officer Alfred Moran that on April 6, 2012, she entered Mr.
Farrells taxi cab while intoxicated. She further advised that she was allowed to get into the
passenger seat of the taxi and that she engaged in consensual kissing with Mr. Farrell. Ms.
Gaubert further advised that Mr. Farrell stopped the vehicle, and used his cellphone to record
video of Ms. Gaubert with her skirt lifted and her exposed genetalia, and that she never gave Mr.
Farrell permission to record her. Ms. Gaubert further told Officer Moran that her attorney, Ms.
Brigid Collins, received a copy of the video from Mr. Farrell via email, and that Mr. Farrell
indicated that if he was paid $1000, the video and the charges filed against Ms. Farrell would go
away.
Ms. Gauberts exchange with Officer Moran may be found by referencing NOPD
Incident/Item Number D-06425-13.
14.
Based upon the false information provided to Officer Moran by Ms. Gaubert, and based
solely on that statement, Officer Moran and defendant, Sergeant R. Hunter, obtained an arrest
warrant for Mr. Farrell for an alleged violation of La. R.S. 14:66 relative to extortion, and La.
R.S. 14:263 relative to video voyeurism. At no time did Officer Moran or Sergeant Hunter ask
Ms. Gaubert to show them the alleged email from Mr. Farrell, which did not exist. At no time
did Officer Moran or Sergeant Hunter attempt to contact Mr. Farrell relative to this investigation,
despite having his full name, date of birth, social security number, and home address on the face
sheet of the arrest report. At no time did Officer Morgan or Sergeant Hunter view or ask to view
the videotape that was the subject of Ms. Gauberts fraudulent complaint. At no time did Officer
Moran or Sergeant Hunter seek out or investigate the original report of the incident, which was
filed the same day of its occurrence by Mr. Farrell. At no time did Officer Moran or Sergeant
Hunter investigate the pending charges against Ms. Gaubert at Municipal Court that arose out of
this same incident.
15.
Several months later, without ever receiving any notice of an outstanding warrant, nor
without ever receiving any contact from the New Orleans Police Department, Mr. Farrell was
operating his taxi cab on August 19, 2013. Mr. Farrell was stopped pursuant to an alleged traffic
violation, at which time defendant, Officer Jack Buzali Manning, checked Mr. Farrells name
through the NOPD MOTIONS system, which revealed the warrants for Mr. Farrells arrest.
Without probable cause, Officer Manning placed Mr. Farrell under arrest and transported him to
central lock up. Reference NOPD Incident/Item Number D-06425-13 (Supplemental).
16.
As a result of the illegal and unlawful actions of Ms. Gaubert, Officer Moran, Sergeant
Hunter, and Officer Manning, Mr. Farrell was incarcerated in Orleans Parish Prison for over 27
hours. Mr. Farrell was forced to post a $21,000.00 bail bond in order to secure his release. Mr.
Farrells name and photo were placed alongside Ms. Gaubert and the New Orleans Police
Departments fictitious story in the local newspapers, as well as on websites which receive views
nationwide. Mr. Farrell was forced to surrender his taxi cab license pending the outcome of an
investigation, and was thus unable to work or support himself for several months.
17.
Ms. Gaubert contacted several news and media outlets and spread her false claims
against Mr. Farrell. The story was picked up by Nola.com, The Times Picayune, the Advocate,
Above the Law, WWL, and countless media outlets across the United States and abroad. The
information has been published online, in print, and on tv, with the fraudulent allegations against
Mr. Farrell, and including a photo of Mr. Farrell, which has also been widely distributed.
18.
Due to Ms. Gauberts false accusations, the media portrayed Mr. Farrell as a criminal
who committed video voyeurism and extortion. As a result of her false accusations, Mr. Farrell
was forced to surrender his taxi cab license and was unable to work. Mr. Farrell also had to
undergo an investigation and hearing by the taxicab bureau.
19.
Ms. Gauberts false accusations have caused immense damage to Mr. Farrell and his
family as they have destroyed his reputation in the community. As a result of Ms. Gauberts
baseless claims, Mr. Farrell was unable to work for several months and suffered depression and
emotional distress, having to struggle to support his family for approximately two months while
Ms. Gauberts baseless charges were pending.
20.
Despite knowing that the information she had been circulating was false, neither Ms.
Gaubert nor the NOPD took any steps to rectify the situation by removing or correcting the false
information that had been circulating regarding Mr. Farrell.
21.
The criminal investigation of the incident was turned over to the office of the Honorable
District Attorney for the Parish of Orleans. After conducting a thorough investigation, unlike the
New Orleans Police Department, all charges against Mr. Farrell were refused and dismissed. As
a result of this investigation, the Honorable District Attorney charged Ms. Gaubert pursuant to
La. R.S. 14:126.2, making false statements which led to the denial of Mr. Farrells constitutional
rights, a felony under Louisiana law.
22.
On April 2, 2014, Jennifer Gaubert was convicted of Simple Battery, under Louisiana
Revised Statutes 14:35, against Mr. Farrell in Orleans Parish Municipal Court, Case #1122563,
relative to the incident herein complained of.
23.
Mr. Farrell has suffered difficulty eating and sleeping since the events alleged herein
took place.
24.
The actions of the defendants were wanton, reckless, deliberate, and were such an abuse
of power as to shock the conscience and exceed the ordinary bounds of acceptable behavior.
25.
All of the acts of all of the defendants were done in concert with each other, and with the
approval and complicity of upper management of the New Orleans Police Department and City
of New Orleans, including Superintendent Serpas and Mayor Landrieu. As a result of Ms.
Gauberts status as a radio host and local attorney, she was provided preferential treatment by
the New Orleans Police Department and her statements were knowingly used as the basis to
obtain a warrant despite knowledge of the prior report of this incident in the NOPDs own
computer systems.
26.
By failing to properly and diligently conduct their investigation in their application for a
warrant, defendants acted with reckless disregard for the truth.
27.
Mayor Landrieu and Superintendent Serpas have created an atmosphere and practice of
allowing the officers of the New Orleans Police Department to have unlimited authority, to make
decisions on arresting citizens without conducting proper investigations, to seek arrest warrants
based and make arrests based upon false information, and exposing the citizens of New Orleans
and the plaintiff to the dangers of law enforcement officers acting unlawfully in concert without
any authority. In creating this atmosphere, defendants have created a policy and custom that
permits officers to violate citizens civil rights.
28.
Mayor Landrieu and Superintendent Serpas have failed to adequately or properly train or
supervise the officers of the New Orleans Police Department, and this lack of training or
supervision has led to a violation of the plaintiffs rights. Mayor Landrieu and Superintendent
Serpas did not even require the minimal step of requiring a search of prior reports regarding this
incident, or open criminal litigation in the parish in which these officers operate, prior to issuing
a baseless arrest warrant.
29.
Defendants are not entitled to a finding of qualified immunity because the law was
clearly established at the time of the incident.
IV. LOUISIANA CLAIMS
30.
The plaintiff realleges and reurges all the allegations hereinabove, and asserts violations
of Louisiana law relative to negligence and lack of training and supervision of the New Orleans
Police Department and failure to properly monitor the officers of the New Orleans Police
Department. In addition, defendants are liable to plaintiff for false arrest, false imprisonment,
malicious prosecution, and kidnapping.
31.
Defendants Officer Moran and Sergeant Hunter knowingly and intentionally acted with
the full knowledge and authority of Superintendent Serpas in completing an application for, and
securing an arrest warrant for plaintiff without conducting any investigation.
In doing so,
defendants acted pursuant to policy and custom of the New Orleans Police Department.
32.
No defendant had probable cause to seek or secure an arrest warrant, nor did any
defendant have any probable cause to arrest the plaintiff at any time.
33.
Defendants are liable to the Plaintiff for restraining Mr. Farrell and detaining him against
his will and without statutory authority, and for transporting Mr. Farrell against his will.
34.
Defendants are liable to the Plaintiff for malicious prosecution for the commencement of
their criminal case against Mr. Farrell without probable cause and due to the case against Mr.
Farrell being terminated in his favor. Defendants actions in their malicious prosecution of the
Plaintiff caused him to suffer harm and distress.
35.
Defendants actions violated the constitution of the United States, the Fourteenth
Amendment, the Fourth Amendment, the Sixth Amendment, and the Eighth Amendment as well
as the correlative provisions of Louisiana law prohibiting arrest and confinement without due
process as well as kidnapping and malicious prosecution.
36.
Defendants actions, by way of their extreme and outrageous actions, intentionally or
recklessly caused Mr. Farrell to suffer severe emotional distress.
37.
Defendant, Jennifer Gaubert, committed a battery against Mr. Farrell by causing him to
suffer a harmful or offensive contact.
38.
Defendant, Jennifer Gaubert, is liable to Mr. Farrell, and Mr. Farrell seeks recovery, in
addition to all other claims, for the amount of the bond he incurred as a result of her fraudulent
charges against him, and for all other costs or expenses incurred therefrom.
V. DAMAGES
39.
Plaintiff respectfully requests all relief to which the plaintiff is entitled to as a matter of
law, that defendants be held jointly, severally, and solidarily liable for all damages suffered by
state and federal violations as set forth herein and as authorized by law, including but not limited
to expenses incurred, attorneys fees, costs, interest, and punitive damages, as well as all general
and equitable relief pursuant to 42 U.S.C. 1983 and 1988.
VI. JURY DEMAND
40.
Plaintiff requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
41.
WHEREFORE, the plaintiff, Hervey Farrell, respectfully requests that this Honorable
Court enter judgment in his favor and against defendants for all relief to which the plaintiff is
entitled to as a matter of law, and that defendants be held jointly, severally, and solidarily liable
for all damages, attorneys fees, costs, pre-judgment interest, post-judgment interest, punitive
damages, as well as all general and equitable relief under Louisiana and federal law.
Respectfully Submitted,
USRY , WEEKS & MATTHEWS
By: s/Timothy R. Richardson

TIMOTHY R. RICHARDSON, (#27625)
BLAKE J. ARCURI (#32322)
1615 Poydras Street, Suite 1250
New Orleans, Louisiana 70112
Telephone: (504) 592-4600
Facsimile: (504) 592-4641
CERTIFICATE OF SERVICE
I do hereby certify that, on this 4th day of April, 2014, a copy of the foregoing was filed
electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be
sent by operation of the courts electronic filing system. I also certify that a copy of the
foregoing will be sent to all non-CM/ECF participants by United States Mail, properly addressed
and postage prepaid.
By: s/Timothy R. Richardson

TIMOTHY R. RICHARDSON
Case 2:14-cv-00772-ILRL-MBN Document 1-1 Filed 04/04/14 Page 1 of 2
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Hervey Farrell
Mitchell J. Landrieu, Mayor of New Orleans, et al.
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
Orleans
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
Orleans
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)

Timothy R. Richardson
Usry, Weeks & Matthews, 1615 Poydras Street, Suite 1250, New
Orleans, LA 70112
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
OTHER STATUTES
375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:

Civil rights dispute
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
Timothy R. Richardson
04/04/2014
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
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MAG. JUDGE
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JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Eastern District
__________
DistrictofofLouisiana
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Mitchell Landrieu, et al.
Defendant(s)
Civil Action No. 14-772
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Jennifer Gaubert
400 E. First Street
Thibodeaux, LA 70301
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Timothy R. Richardson, Usry, Weeks & Matthews, 1615 Poydras Street, Suite 1250,
New Orleans, LA 70112
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
04/04/2014
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
Mitchell Landrieu
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
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for the
Eastern District
__________
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Defendant(s)

To: (Defendants name and address) Sergeant Richard Hunter
715 S. Broad Street

CLERK OF COURT
Date:
04/04/2014


PROOF OF SERVICE
Mitchell Landrieu

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
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for the
Eastern District
__________
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Defendant(s)

To: (Defendants name and address) Mitchell Landrieu, Mayor of New Orleans
City Hall, 1300 Perdido Street

CLERK OF COURT
Date:
04/04/2014


PROOF OF SERVICE
Mitchell Landrieu

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset


for the
Eastern District
__________
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Defendant(s)

To: (Defendants name and address) Officer Jack Buzali Manning
715 S. Broad Street

CLERK OF COURT
Date:
04/04/2014


PROOF OF SERVICE
Mitchell Landrieu

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset


for the
Eastern District
__________
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Defendant(s)

To: (Defendants name and address) Officer Alfred Moran
715 S. Broad Street

CLERK OF COURT
Date:
04/04/2014


PROOF OF SERVICE
Mitchell Landrieu

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset


for the
Eastern District
__________
__________
)
)
)
)
)
)
)
)
)
)
)
)
Hervey Farrell
Plaintiff(s)
v.
Defendant(s)

To: (Defendants name and address) Ronal Serpas
Superintendent of the New Orleans Police Department
715 S. Broad Street

CLERK OF COURT
Date:
04/04/2014


PROOF OF SERVICE
Mitchell Landrieu

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset

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Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 1 of 14

UNITED STATES DISTRICT COURT

CIVIL DOCKET: 14-772

MITCHELL J. LANDRIEU, MAYOR

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 2 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 3 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 4 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 5 of 14

Incident/Item Number D-06425-13.

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 6 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 7 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 8 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 9 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 10 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 11 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 12 of 14

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 13 of 14

USRY , WEEKS & MATTHEWS

By: s/Timothy R. Richardson

Case 2:14-cv-00772-ILRL-MBN Document 1 Filed 04/04/14 Page 14 of 14

By: s/Timothy R. Richardson

Case 2:14-cv-00772-ILRL-MBN Document 1-1 Filed 04/04/14 Page 1 of 2

CIVIL COVER SHEET

Mitchell J. Landrieu, Mayor of New Orleans, et al.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

and One Box for Defendant)

Citizen of Another State

Incorporated and Principal Place

IV. NATURE OF SUIT (Place an X in One Box Only)

625 Drug Related Seizure

FEDERAL TAX SUITS

375 False Claims Act

V. ORIGIN (Place an X in One Box Only)

VI. CAUSE OF ACTION Brief description of cause:

CHECK IF THIS IS A CLASS ACTION

CHECK YES only if demanded in complaint:

SIGNATURE OF ATTORNEY OF RECORD

JS 44 Reverse (Rev. 12/12)

Case 2:14-cv-00772-ILRL-MBN Document 1-1 Filed 04/04/14 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Origin. Place an "X" in one of the six boxes.

Case 2:14-cv-00772-ILRL-MBN Document 1-2 Filed 04/04/14 Page 1 of 2

UNITED STATES DISTRICT COURT

Civil Action No. 14-772

SUMMONS IN A CIVIL ACTION

A lawsuit has been filed against you.

Case 2:14-cv-00772-ILRL-MBN Document 1-2 Filed 04/04/14 Page 2 of 2

Civil Action No. 14-772

I personally served the summons on the individual at (place)

, and mailed a copy to the individuals last known address; or

I served the summons on (name of individual)

designated by law to accept service of process on behalf of (name of organization)

I returned the summons unexecuted because

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Printed name and title