1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

PHILLIP HOWARD, JR. CIVIL ACTION NO.:


VERSUS JUDGE:


MICHAEL W. NEUSTROM, individually MAGISTRATE:
and as the duly elected Sheriff for the Parish
of Lafayette, and ROB REARDON, individually
and in his capacity as Director of Corrections JURY TRIAL REQUESTED
and an employee of the Lafayette Parish
Sheriffs Office


COMPLAINT FOR DAMAGES


TO THE HONORABLE, THE UNITED STATES DISTRICT COURT IN AND FOR THE
WESTERN DISTRICT OF LOUISIANA:

INTRODUCTION
This is an action for money damages brought pursuant to 42 U.S.C. 1983, et seq. and
1988 as an action at law, statute, ordinance, regulation, custom or usage of rights, privileges, or
immunities secured by the Constitution of the United States, including, but not necessarily
limited to, the Eighth and Fourteenth Amendment, and/or by Acts of Congress the Constitution,
laws and statutes of the State of Louisiana against MICHAEL W. NEUSTROM, individually and
in his capacity as the duly elected Sheriff for the Parish of Lafayette, ROB REARDON,
individually and in his capacity as Director of Corrections and an employee of the Lafayette
Parish Sheriffs Office.

Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 1 of 10 PageID #: 11

2

JURISDICTION
1.

Jurisdiction is founded on 28 U.S.C. 1331. The plaintiff further invokes jurisdiction of
this Honorable Court, under 28 U.S.C. 1367 to adjudicate claims arising under the Laws of the
State of Louisiana including but not limited to Article 2315, et seq, of the Louisiana Civil Code.
VENUE

2.

Venue lies in this Court under 28 USC 1391(b) (2), as the events giving rise to this
claim occurred within this judicial district.
PARTIES
3.
Complainant, Phillip Howard, Jr., is a person of the full age of majority and a resident of
San Francisco, California and the nephew and only known surviving blood relative of John
Horace Howard, Jr. and/or succession representative.
4.
Made defendants herein are the following:
(1) MICHAEL W. NEUSTROM, individually and in his capacity as the duly
elected Sheriff for the Parish of Lafayette, upon information and belief, the
duly elected Sheriff for the Parish of Lafayette, a person of the full age of
majority and a resident of the Parish of Lafayette and the employer of Lafayette
Parish Deputy Sheriffs.

(2) ROB REARDON, individually and in his official capacity as a Directro fo
Corrections and an employee of the Lafayette Parish Sheriffs Office, upon
information and belief, a person of the full age of majority and a resident of the
Parish of Lafayette.

Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 2 of 10 PageID #: 12

3

5.
The right of jury trial is herein requested under the Federal Rules of Civil Procedure.
FACTUAL ALLEGATIONS
6.
At all times material hereto, John Horace Howard, Jr. was incarcerated at the Lafayette
Parish Correctional Center operated under the auspices of the Lafayette Parish Sheriff.
7.
On or about November 29, 2012, John Horace Howard, Jr. was arrested for misdemeanor
charges and was brought to the Lafayette Parish Correctional Center for booking.
8.
At the time of his arrest John Horace Howard, Jr. was exhibiting bizarre behavior which
continued until the time of his death.
9.
On or about November 29, 2012, John Horace Howard, Jr. was placed in an isolation cell
for increased observation due to his bizarre behavior and the defendants named herein were
responsible for making rounds and monitoring the status of John Horace Howard, Jr. who was
later found unresponsive in his isolation cell on or about December 15, 2012.
10.
Despite the Lafayette Parish Correctional Center policy of immediately booking and
releasing individuals charged with misdemeanor offenses, John Horace Howard, Jr. was held
without bond, and without being booked or charged for a period of sixteen days.
11.
John Horace Howard, Jr. had a history of mental and physical illness well documented in
the medical and institutional records of the Lafayette Parish Correctional Center.
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 3 of 10 PageID #: 13

4

12.
At all times while incarcerated John Horace Howard, Jr. was allegedly being held
pending mental health evaluation and/or treatment.
13.
Despite the Lafayette Parish Correctional Center policy of keeping inmates who exhibit
bizarre behavior under increased levels of supervision, including but not limited to video
surveillance, irregular and more frequent well being checks and/or constant observation, John
Horace Howard, Jr. was placed in an isolation cell and was not adequately checked on.
14.
Despite the existence of a specialized unit within the Lafayette Parish Correctional Center
renovated and designed to provide twenty-four hour direct supervision to offenders with medical
and mental health needs, John Horace Howard, Jr. was placed in an isolation cell restricting his
contact with staff and others.
15.
Since MICHAEL W. NEUSTROM has taken office as Sheriff for Lafayette Parish in
2000 there have been approximately twenty-six in custody deaths, or approximately one every
six months.
16.
Prior to and during the time period November 29, 2012 until December 15, 2012, the
Defendants jointly and in solido devised, adopted, implemented and carried out a custom,
practice, or policy or policies and/or procedures which included:
(a) Operating an understaffed and/or inadequately staffed facility;
(b) Operating the facility in a manner which is was not designed to be operated in and
which has led to reduced contact between staff and offenders;
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 4 of 10 PageID #: 14

5

(c) Failing to properly man surveillance post;
(d) Negligent retention of staff;
(e) Failing to adequately train, supervise, monitor and discipline deputies in the need
for and the manner in which to observe and evaluate offenders to identify their
needs for medical/mental health treatment, and in the need to and the manner in
which to provide proper medical treatment in connection with those needs so
identified;
(f) Failing to properly maintain call boxes within inmate cells which allow offenders
to communicate with Defendants;
(g) Failing to properly maintain surveillance systems for monitoring offenders;
(h) Failing to regularly and properly conduct rounds to check on the well being of
offenders;
(i) Failing to transport offenders to medical/mental health facilities adequately
equipped to properly observe, evaluate and treat serious and/or acute medical
conditions are deliberately indifferent to the serious medical/mental health needs
of said offenders; and
(j) Allowing untrained, non-medical staff to make decisions regarding when
offenders are transported out of the facility for medical treatment;
Upon information and belief the Defendants jointly and in solido intentionally failed to
devise, adopt, implement and/or carry out a custom, practice, policy or policies and/or
procedures including, but not limited to:
(a) Medical procedures to ensure the safety and well being of John Horace Howard,
Jr.; and
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 5 of 10 PageID #: 15

6

(b) Mental Health procedures to ensure the safety and well being of John Horace
Howard, Jr..
The omissions being deliberately indifferent in that it was obvious that the likely
consequences of adopting a policy or policies and/or procedures was/were a deprivation of John
Horace Howard, Jr.s constitutional rights, resulting in his injuries and/or death. In the
alternative, Defendants jointly and in solido devised, adopted, implemented and/or carried out a
custom of policy or polices and/or procedures which caused the Defendants to deprive John
Horace Howard, Jr. of reasonable medical care and/or protection, resulting in his injuries and/or
death, same being deliberately indifferent in that it was obvious that the likely consequences
was/were a deprivation of John Horace Howard, Jr.s constitutional rights.
17.
Prior to and during the time period November 29, 2012 until December 15, 2012, the
Defendants negligently devised, adopted, implemented and carried out a custom, practice, or
policy or policies and/or procedures which included:
(a) Operating an understaffed and/or inadequately staffed facility;
(b) Operating the facility in a manner which is was not designed to be operated in and
which has led to reduced contact between staff and offenders;
(c) Failing to properly man surveillance post;
(d) Negligent retention of staff;
(e) Failing to adequately train, supervise, monitor and discipline deputies in the need
for and the manner in which to observe and evaluate offenders to identify their
needs for medical/mental health treatment, and in the need to and the manner in
which to provide proper medical treatment in connection with those needs so
identified;
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 6 of 10 PageID #: 16

7

(f) Failing to properly maintain call boxes within inmate cells which allow offenders
to communicate with Defendants;
(g) Failing to properly maintain surveillance systems for monitoring offenders;
(h) Failing to regularly and properly conduct rounds to check on the well being of
offenders; and
(i) Allowing untrained, non-medical staff to make decisions regarding when offenders
are transported out of the facility for medical treatment;
Upon information and belief the Defendants negligently failed to devise, adopt,
implement and/or carry out a custom, practice, policy or policies and/or procedures including,
but not limited to:
(a) Medical procedures to ensure the safety and well being of John Horace Howard,
Jr.; and
(b) Mental Health procedures to ensure the safety and well being of John Horace
Howard, Jr..
In addition, Defendants negligently devised, adopted, implemented and/or carried out a
policy or policies and/or procedures which caused John Horace Howard, Jr.s injuries and/or
death. Any and/or all such acts and/or omissions were within the actual and/or constructive
knowledge of the Defendants and were a legal cause of the injuries and/or death of John Horace
Howard, Jr. an damaged to Plaintiff herein.

Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 7 of 10 PageID #: 17

8

CAUSES OF ACTION
COUNT ONE:
42 U.S.C. 1983

18.

Plaintiff repeats and re-alleges the allegations in all the proceeding paragraphs as if set
forth fully herein.
19.
Defendants, jointly and solido, under the color of custom or usage, subjected John Horace
Howard, Jr., a citizen of the United States, to the deprivation of rights, privileges and immunities
secured by the United Stated Constitution in violation of 42 U.S.C. 1983. The deprivation of
John Horace Howard, Jr.s constitutional rights caused his death.

COUNT TWO:

WRONGFUL DEATH AND SURVIVAL ACTION

20.

Plaintiff repeats and re-alleges the allegations in all the proceeding paragraphs as if set
forth fully herein.
21.
The death of John Horace Howard, Jr. is a result of the sole, combined and/or solidary
fault, vicarious liability, strict liability and/or negligence of Defendants and/or joint tortfeasor(s)
and/or his/its/their or as principal(s), employer(s), agent(s), representative(s), servant(s),
employee(s), associate(s), parent(s), subsidiary(ies), lessor(s), lessee(s), insured(s) and/or
insurer(s) in violation of La. Civil Code Arts. 2315, 2315.1, 2315.2, 2317 and LA R.S. 9:2800.
As a result of the sole, combined and/or solidary fault, vicarious liability, strict liability and/or
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 8 of 10 PageID #: 18

9

negligence of Defendants, John Horace Howard, Jr., prior to his death, suffered general and/or
special and/or punitive damages, including but not limited to physical pain and suffering, mental
anguish and/or distress, fear, embarrassment, humiliation, loss of survivorship, past and future
loss of income and/or loss wages, funeral expenses and other damages that will be shown at the
trial hereof, all which survived the death of the Decedent and/or inure to Plaintiff herein. As a
result of the wrongful death John Horace Howard, Jr., Plaintiff has suffered and/or will suffer
general and/or special and/or punitive damages, including but not limited to, great
inconvenience, frustration, humiliation, embarrassment, loss of enjoyment of life and society,
loss of love and affection, loss of consortium, mental anguish and/or distress, past and future
mental pain and suffering and funeral expenses.
22.
Plaintiff also asserts respondeat superior liability of Sheriff MICHAEL W. NEUSTROM
in respect to the plaintiffs state law claims.
COUNT THREE:

FALSE IMPRISONMENT

23.
Plaintiff repeats and re-alleges the allegations in all the proceeding paragraphs as if set
forth fully herein.
24.
John Horace Howard, Jr. was held without bond, and without being booked or charged
for a period of sixteen days.

WHEREFORE, plaintiff, Phillip Howard, Jr., prays that a jury trial be had as to the
issues triable by jury; that compensatory damages to be fixed by a jury against the defendants,
Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 9 of 10 PageID #: 19

10

individually, jointly and in solido, be awarded; that punitive damages to be fixed by a jury
against the defendants be awarded; that all costs of this action be assessed against the defendants,
individually, jointly and in solido; that attorneys fees be awarded herein to plaintiff and that
such attorneys fees be assessed against the defendants, individually, jointly and in solido; and,
for any and all other relief that this Court deems just and proper. Plaintiff further prays that this
Honorable Court exercise supplemental jurisdiction for all claims cognizable under the
Constitution and laws of the State of Louisiana.

Respectfully submitted:

L. CLAYTON BURGESS, A P.L.C.
605 West Congress Street
Lafayette, Louisiana 70502-52 7050150
Telephone: (337) 234-7573
Facsimile: (337) 233-3890


s/L. Clayton Burgess
L. CLAYTON BURGESS, T.A. (22979)
Attorney for Plaintiff









Case 6:13-cv-03236 Document 2 Filed 12/16/13 Page 10 of 10 PageID #: 20