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Louviere v. Louviere6/5/2002
Guidry, J. dissents in part and assigns reasons.
Fogg, J. concurs in the result.
This case arose out of a tragic crime spree committed in Terrebonne Parish by Terrebonne Parish Sheriff's Office (TPSO) Deputy Chad Ray Louviere on October 17, 1996. While we have great sympathy for the victims and families of these tragic crimes, we note that we are constrained to follow the law.
On that date, Mr. Louviere, while on duty and driving his TPSO vehicle on Bull Run Road in Houma, turned on his flashing lights and pulled over an unsuspecting motorist, Debra Deroche. Mr. Louviere overpowered Ms. Deroche, forced her into his vehicle, and drove into the nearby cane fields, where he committed various sexual crimes.
After Mr. Louviere let her go free, Ms. Deroche immediately returned home and called her sister, who lived next door. Ms. Deroche's sister called the TPSO to alert them to the situation. The TPSO contacted Mr. Louviere over the radio and ordered him to meet another officer at a designated location; however, Mr. Louviere ignored these orders.
Mr. Louviere then proceeded to drive to the Argent Bank in Houma, where his estranged wife was working. When he arrived, Mr. Louviere cleared the customers out of the bank and held six female bank employees, including his wife, Adele, hostage. Shortly thereafter, he shot and killed one of the bank employees, Pamela Duplantis. He soon released two other bank employees, but kept his estranged wife and the two remaining employees hostage. While holding these three women hostage, he committed various sexual crimes against them. One of the women was released later that night, while his wife and the last bank employee remained hostage until shortly before noon the following day, when Mr. Louviere surrendered and released them.
Thereafter, the victims, along with various family members, filed separate lawsuits based on the crime spree. Suits were filed against Mr. Louviere; the City of Thibodaux (his former employer), the Thibodaux Police Department and Keith H. Estevens (the Thibodaux Police Chief), (collectively referred to as the Thibodaux defendants); Coregis Insurance Company (the excess insurer for the City of Thibodaux); the Terrebonne Parish Sheriff's Office; Sheriff Jerry Larpenter; and several other parties who are not pertinent to this appeal, alleging negligence on the part of the defendants. The TPSO and Sheriff Larpenter settled with the plaintiffs prior to trial.
THE NEGLIGENT REFERRAL ISSUE
The claims against the Thibodaux defendants were based upon negligent hiring, training, retention, and referral by the Thibodaux Police Department under 42 U.S.C.A. ยง1983 and/or Louisiana state law. Mr. Louviere was nineteen years old when he was hired by the Thibodaux Police Department in June of 1992 after completing a civil service test, an agility test, an oral review board, a physical exam, a psychological exam, and a background criminal check. Mr. Louviere voluntarily resigned from the Thibodaux Police Department in December of 1995 and we nt to work for a flooring company. Five months later, in May of 1995, he began working for the TPSO.
The plaintiffs claim that if the Thibodaux defendants had disclosed certain information to the TPSO, the TPSO would not have hired Mr. Louviere, and Mr. Louviere would not have committed the crimes that resulted in the injuries to the plaintiffs.
Louisiana Civil Code article 2315 provides a cause of action for negligence. It provides, in part "Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it." La. C.C. art. 2315. We have found only two published Lo
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