govinfo:USCOURTS-laed-2_25-cv-01097-0

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF LOUISIANA 
 
  
CHARLES BROWER, JR. 
 
 
 
CIVIL ACTION 
 
VERSUS 
 
 
 
NO: 25-01097 
 
BRANDON LEBLANC, et al. 
 
 
 
 
SECTION: T (4) 
 
 ORDER AND REASONS 
Before the Court is a Motion to Dismiss for Failure to State a Claim pursuant to Federal 
Rule of Civil Procedure 12(b)(6) filed by Defendants Brandon Leblanc and Gregory Champagne, 
in his Official Capacity as Sheriff of St. Charles Parish.  R. Doc. 6. Plaintiff  Charles Brower, Jr. 
has filed a response in opposition. R. Doc. 9. Defendants filed a reply. R. Doc. 12. Plaintiff  also 
filed a supplemental memorandum, R. Doc. 17, to which Defendants filed a sur-reply, R. Doc. 20. 
After reviewing the pleadings and the applicable law, the Court will deny Defendants’ Motion to 
Dismiss. 
BACKGROUND 
Plaintiff has brought suit pursuant to 42 U.S.C. § 1983 against St. Charles Parish Sheriff’s 
Deputy Brandon LeBlanc and his employer Gregory Champagne in his Official Capacity as Sheriff 
of St. Charles Parish. R. Doc. 1. According to the  Complaint, on January 2, 2024, Defendant 
LeBlanc and a fellow deputy conducted a traffic stop in Destrehan, Louisiana. LeBlanc stopped a 
motor vehicle registered to Plaintiff.  Plaintiff, however, was not operating the vehicle, nor was he 
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a passenger in the vehicle, nor was he present at the scene of the stop. Plaintiff ’s son, Charles 
Brower III, was a passenger in the vehicle, which was being driven by his brother. Because Charles 
Brower III was not driving, he did not have his driver’s license in his possession at the time of the 
stop. In the course of the stop, LeBlanc retrieved vehicle registration information, either from a 
paper registration certificate contained in the vehicle or by an electronic search of the vehicle 
identification number.  
The January 2, 2024, stop was video recorded by the body camera of LeBlanc and/or the 
other deputy. LeBlanc did not obtain a driver’s license from Charles Brower III, because Brower 
III did not possess it and, as a passenger, was not required to possess it. It is presently unknown to 
Plaintiff whether LeBlanc electronically accessed the driver’s license of Charles Brower III.  
LeBlanc did electronically access the driver’s license of Plaintiff , whose only connection to the 
stop was that he was the registered owner of the vehicle. In doing so, LeBlanc learned Plaintiff’s 
driver’s license number, social security number, age, and physical description. LeBlanc knew, 
therefore, that Plaintiff was 43 years-old, stood 5 feet 7 inches tall, weighed 240 pounds, and was 
bald. The passenger, Brower III, by contrast, was 25 years -old, stood approximately 6 feet tall, 
weighed 155 pounds, and had a full head of brown hair. Further, LeBlanc viewed the driver’s 
license photograph of Plaintiff and knew that Plainitff was not Brower III. 
Plaintiff asserts that no officer could reasonably mistake Brower III for Plaintiff  and that 
no reasonable officer could conclude that he had probable cause to charge either Plaintiff or 
Brower III with any crime or offense.  Despite the absence of probable cause, arguable probable 
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cause, or any legal or factual justification whatsoever, LeBlanc prepared a traffic citation accusing 
Plaintiff of violating La. R.S. 32:511 and La. R.S. 32:53. 
In the citation LeBlanc prepared, he identified Plaintiff as the violator and included the 
information from Plaintiff ’s driver’s license; that is, Plaintiff ’s driver’s license number, date of 
birth, height, weight, and other identifying information. LeBlanc gave the citation to Brower III 
whom LeBlanc knew was merely a passenger in the vehicle and not Plaintiff. LeBlanc’s citation 
included a court date, ordering Plaintiff to appear in court on April 5, 2024.  
LeBlanc made no attempt to provide the citation to Plaintiff or to advise him of the court 
date set by LeBlanc. Plaintiff states he knew nothing of the citation and court date until June 10, 
2024. On that date, Dylan Nash, another St. Charles Parish Sheriff’s deputy, stopped Plaintiff for 
an alleged traffic offense.  In the course of the traffic stop, Nash learned that there was an active 
attachment for Plaintiff’s arrest for his failure to appear in court on April 5, 2024, which was t he 
court date set by LeBlanc in the citation he prepared on January 2, 2024, but did not provide to 
Plaintiff. As a result of the attachment, Nash did not merely ticket Plaintiff , but seized him, 
handcuffed him, arrested him, and took him to jail where he remained until he bonded out. 
Ultimately, all charges against Plaintiff were refused by the District Attorney. O n August 
 
1 La. R.S. 32:51 provides: “No person shall operate, or permit to be operated, any motor vehicle 
upon the highways of this state unless it is registered with the commissioner, the license tax is 
paid thereon, and it is operated in accordance with the provisions of this Chapter and other laws 
of this state.” Defendants point out that Plaintiff, as the registered owner, allowed a vehicle to be 
operated without the license tax paid because the vehicle was pulled over for an expired 
temporary tag. R. Doc. 6-2, p. 1, n. 1. 
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6, 2024, the prosecutor entered a nolle pros as to all charges against Plaintiff, including those made 
by LeBlanc on January 2, 2024, and those made by Nash on June 10, 2024. 
Plaintiff filed suit seeking damages for physical pain and suffering, mental and emotional 
outrage and distress, loss of enjoyment of life, the suspension of his driver’s license, attorney’s 
fees and defense costs . He asserts claims for false arrest and false imprisonment, unreasonable 
seizure, violation of due process, intentional infliction of emotional distress, malicious 
prosecution, punitive damages, and vicarious liability. R. Doc. 1, pp. 6-10. Defendants have filed 
a Motion to Dismiss pursuant to Rule 12(b)(6), alleging that Plaintiff has failed to state claims for 
relief. R. Doc. 6. Defendants also assert they are entitled to qualified immunity. Id. 
LAW and ANALYSIS 
To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead enough facts “to 
state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 
(2007). A claim is facially plausible when the plaintiff pleads facts that allow the court to “draw 
the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 
556 U.S. 662, 678 (2009). A court must accept all well -pleaded facts as true and must draw all 
reasonable inferences in favor of the plaintiff. Lormand v. U.S. Unwired, Inc., 565 F.3 228, 239 
(5th Cir. 2009). Nevertheless, the Court is not bound to accept as true legal conclusions couched 
as factual allegations. Iqbal, 556 U.S. at 678. 
A legally sufficient complaint must establish more than a “sheer possibility” that the 
plaintiff's claim is true. Id. It need not contain detailed factual allegations, but it must go beyond 
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labels, legal conclusions, or formulaic recitations of the elements of a cause of action. Id. In other 
words, the face of the complaint must contain enough factual matter to raise a reasonable 
expectation that discovery will reveal evidence of each element of the plaintiff's claim. Lormand, 
565 F.3d at 257. If there are insufficient factual allegations 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 insurmountable 
bar to relief, the claim must be dismissed. Twombly, 550 U.S. at 555. 
Section 1983 affords citizens the ability to sue police officers for deprivation of statutory 
or constitutional rights. 42 U.S.C. § 1983. Such claims encompass two foundational elements: (1) 
the conduct complained of was committed by a person acting under color of state law; and (2) the 
conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws 
of the United States. Wollfarth v. New Orleans City, Civ. A. No. 20-01537, 2021 WL 6496847, *2 
(citing Parratt v. Taylor, 451 U.S. 527, 535 (1981) ). On the other hand, the doctrine of qualified 
immunity protects government officials from liability for civil damages insofar as their conduct 
does not violate clearly established statutory or constitutional rights of which a reasonable person 
would have known. Pearson v. Callahan, 555 U.S. 223, 231 (2009) (citing Harlow v. Fitzgerald, 
457 U.S. 800, 818 (1982)). Qualified immunity balances two important interests—the need to hold 
public officials accountable when they exercise power irresponsibly and the need to shield officials 
from harassment, distraction, and liability when they perform their duties reasonably. Id. 
In light of these interests, the Supreme Court established in Katz v. Saucier  a two-prong 
sequence for resolving government officials qualified immunity claims. Id. at 232 (citing Katz v. 
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Saucier, 533 U.S. 194 (2001)). First, a court must decide whether the facts alleged establish a 
violation of a constitutional right.  Id. (citing Katz v. Saucier at 201). Second, if the plaintiff has 
satisfied this first step, the court must then decide whether the right at issue was “clearly 
established” at the time of defendant's alleged misconduct. Id. Qualified immunity is applicable 
unless the official ’s conduct violated a clearly established constitutional right.  Anderson v. 
Creighton, 483 U. S. 635, 640 (1987). The Supreme Court has since reconsidered the inflexibility 
of Katz v. Saucier by granting lower courts discretion in deciding which of the two prongs of the 
qualified immunity analysis should be addressed first in the light of the particular case at hand.  
Wollfarth, supra, at *2  (citing Pearson, 555 U.S. 223, 236). Even if the evidence supports a 
conclusion that plaintiff's rights were violated, qualified immunity may still be invoked unless “the 
government officials violated clearly established statutory or constitutional rights of which a 
reasonable person would ha ve known.” Manis v. Lawson, 585 F.3d 839, 845 (5th Cir. 2009).  
“Qualified “immunity shields from civil liability all but the plainly incompetent or those who 
knowingly violate the law.” Id. 
When the defense of qualified immunity is raised in a motion to dismiss, “it is the 
defendant's conduct as alleged in the complaint that is scrutinized for objective legal 
reasonableness.” McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002). A court must 
determine that a plaintiff's pleadings “assert facts which, if true, would overcome the defense of 
qualified immunity.” Zapata v. Melson, 750 F.3d 481, 485 (5th Cir. 2014). A plaintiff seeking to 
overcome qualified immunity “must plead specific  facts that both allow the court to draw the 
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reasonable inference that the defendant is liable for the harm he has alleged and that defeat a 
qualified immunity defense with equal specificity.” Blacke v. LeBlanc, 692 F.3d 645, 648 (5th Cir. 
2012). 
 Defendants first assert that Plaintiff cannot prevail on his claim for false arrest because  
Leblanc was not present at the arrest conducted by Deputy Dylan Nash, and Nash was acting on 
an active attachment issued by a judge of the 29
th Judicial Court. Defendant s also assert that 
Plaintiff cannot satisfy the elements of malicious prosecution because there was no institution  of 
prosecution because the charges were refused by the District Attorney. 2 Defendants next assert 
that Plaintiff has not asserted facts supporting a finding that the official conduct was motivated by 
evil intent or demonstrates reckless or callous indifference to a person’s constitutional rights, such 
 
2 The Fifth Circuit in Armstrong v. Ashley, 60 F.4th 262, 278–79 (5th Cir. 2023) addressed the 
status of a federal claim for malicious prosecution and the elements in the Fifth Circuit. The 
Supreme Court recently held that litigants may bring a Fourth Amendment malicious prosecution 
claim under § 1983. Thompson v. Clark, ––– U.S. ––––, 142 S. Ct. 1332, 1337, 212 L.Ed.2d 382 
(2022). The Court identified three minimum elements to common law malicious prosecution 
claims, “(i) the suit or proceeding was ‘instituted without any probable cause’; (ii) the ‘motive in 
instituting’ the suit ‘was malicious,’ which was often defined in this context as without probable 
cause and for a purpose other than bringing the defendant to justice; and (iii) the prosecution” 
terminated in favor of the accused. Id. at 1338. Defendants point out that parties asserting a 
Fourth Amendment malicious prosecution claim under § 1983 must prove (1) the 
commencement or continuance of an original criminal proceeding; (2) its legal causation by the 
present defendant against plaintiff who was defendant in the original proceeding; (3) its bona 
fide termination in favor of the present plaintiff; (4) the absence of probable cause for such 
proceeding; (5) malice; and (6) damages.”, in addition to the threshold element of an unlawful 
Fourth Amendment seizure. R. Doc. 6-2, pp. 7-8 (citing Thompson, 142 S. Ct. at 1337 n.2) and 
Bledsoe v. Willis, 665 F. Supp. 3d 810, 818 (W.D. La. 2023), aff'd, No. 23-30238, 2023 WL 
8184814 (5th Cir. Nov. 27, 2023)). 
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that he would be entitled to punitive damages under § 1983. R. Doc. 6-2, pp. 8-9. Defendants also 
contend that Plain tiff cannot prevail on a claim for intentional infliction of emotional distress,  
because in this case there is at most an error on the part of the deputy, rather than ext reme or 
outrageous conduct.3 R. Doc. 6-2, pp. 10-12. Defendants also contend there are no violations of 
state law, so that the Court should dismiss those claims or decline to exercise supplemental 
jurisdiction. R. Doc. 6- 2, p. 12. Finally, D efendants assert the defense of qual ified immunity for 
Leblanc, who did not arrest Plaintiff. R. Doc. 6-2, pp. 12-17.  
The Court, however, in deciding a Rule 12(b)(6) motion must accept all well-pleaded facts 
as true and view them in the light most favorable to the Plaintiff. Campbell v. Wells Fargo Bank , 
N.A., 781 F.2d 440, 442 (5th Cir. 1986). While it is a close question, the Court can reasonably 
infer that  Plaintiff has sufficiently pleaded all the elements of a § 1983 c laim against Deputy 
Leblanc and Sheriff Champagne. Notwithstanding the Court's finding that Plaintiff has minimally 
satisfied the pleading standard by alleging facts essential to the establishment of a violation of his 
rights, relief is not guaranteed. The issues pertaining to the questions of false arrest, malicious 
prosecution, punitive damages, intentional inflictions of emotional distress, and qualified 
 
3 To prevail on a claim for intentional infliction of emotional distress, a plaintiff must prove: “(1) 
that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress 
suffered by the plaintiff was severe; and (3) that the defendant desired to inflict severe emotional 
distress or knew that severe emotional distress would be certain or substantially certain to result 
from his conduct.” White v. Monsanto Co., 585 So.2d 1205, 1209 (La. Sept. 9, 1991). The 
plaintiff’s burden is a heavy one. Scamardo v. Dunaway, 96-1036 (La. App. 5 Cir. 4/29/97), 694 
So.2d 1041, 1042, writ denied, 97-1395 (La. 9/5/97), 700 So.2d 517. 
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immunity are questions better suited for summary judgment or trial. Indeed, most of the cases 
relied upon by Defendants were decided on summary judgment. For pleading purposes, however, 
Plaintiff has stated claims upon which relief may be granted. 
Accordingly,  
IT IS ORDERED that Motion to Dismiss for Failure to State a Claim (R. Doc. 6) is 
DENIED. 
 
New Orleans, Louisiana, this 31st day of March 2026. 
 
 
                                                                                                                  
GREG GERARD GUIDRY 
UNITED STATES DISTRICT JUDGE 
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