Case 2:18-cv-06689-SSV-DEK Document 1 Filed 07/13/18 Page 1 of 16

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MARLIN N. GUSMAN

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IN HIS OFFICIAL CAPACITY AS

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THE SHERIFF OF THE PARISH

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OF ORLEANS

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CIVIL ACTION NO.:

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VERSUS

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JUDGE

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THE NEW YORK TIMES COMPANY,
JONAH M.KESSEL,TAIGE JENSEN,
LEAH VARJACQUES,JAPHET
WEEKS,AND RODNEY ROUSSELL

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MAGISTRATE

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COMPLAINT

NOW INTO COURT, through undersigned counsel comes plaintiff, MARLIN N.

GUSMAN, in his official capacity as the Sheriff of the Parish of Orleans, who respectfully
represents as follows:
JURISDICTION
1.

Jurisdiction exists in this Honorable Court pursuant to 28 U.S.C. § 1332 and the
Constitution and laws of the United States of America; defendants specifically and purposefully

targeted residents and a political subdivision of the State of Louisiana, with full knowledge and
intent that the effects of their actions would be felt in the State of Louisiana, and therefore

purposefully availed themselves of the jurisdiction of this Honorable Court. See, e.g. Calder v.
Jones,465 U.S. 783, 104 S.Ct. 1482, 79 L. Ed. 2d 804(1984). Plaintiffs aver that their damages
exceed the jurisdictional threshold of$75,000 xonder 28 U.S.C. § 1332.

 Case Document 1 Filed 07/13/18 Page 2 of 16

PARTIES
PLAINTIFF
2.

MARLIN N. GUSMAN, individually and in his of?cial capacity as the Sheriff of
Orleans, is an adult citizen domiciled in the Parish of Orleans, State of Louisiana. He is the
elected Sheriff of the Parish of Orleans.

DEFENDANTS
3.

THE NEW YORK TIMES COMPANY is a foreign corporation with its principal place

of business in the State of New York. At all times pertinent herein, they;
4.

ONAH M. KESSEL, a person of full age of majority, is an adult citizen residing in the
State of New York;

5.

TAIGE JENSEN, a person of full age of majority, is an adult citizen residing in the State
of New York;

6.

LEAH VARJACQUES, a person of full age of majority, is an adult citizen residing in the
State of New York;

7.
TAIGE JENSEN, a person of full age of majority, is an adult citizen residing in the State

of New York; and

Case Document 1 Filed 07/13/18 Page 3 of 16

8.

RODNEY ROUSSELL, a person of full age of majority, is an adult citizen residing in the
Parish of Assumption, State of Louisiana.

VENUE
9.

Venue is proper in this Honorable Court pursuant to the provisions of 28 U.S.C. 
l391(b)(3).

LAW
10.

This matter is pled pursuant to the substantive laws of the State of Louisiana, which are
made applicable hereto by the Erie Doctrine and/or the Constitution and laws of the United
States of America.

1 1.

Defamation is an actionable claim under Louisiana law, arising out of Louisiana Civil
Code article 2315.

12.

Libel and/or false light invasion is an actionable claim under Louisiana law, arising out of
Louisiana Civil Code article 2315.

13.

Trespass is an actionable claim and an intentional tort under Louisiana law.

Case Document 1 Filed 07/13/18 Page 4 of 16

FACTS
14.

On or about July 9, 2018, defendant THE NEW YORK TIMES COMPANY digitally
published a ?Video op?ed? (the ?Video?) on its website, titled ?The Rape
Jokes We Still Laugh At.? Defendant ONAH M. KESSEL was the Director of Photography for
the Video. Defendant TAIGE JENSEN was the Editor of the Video. Defendants LEAH
VARJACQUES, and JAPHET are the Producers of the Video. At all times pertinent herein,
JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and JAPHET WEEKS
operated under the employment and/or as contractors of defendant THE NEW YORK TIMES
COMPANY. Defendant RODNEY ROUSSELL appears in the Video and narrates all speech
contained in the Video, with the exception of brief Video clippings of other television programs.
As set forth in this Complaint, this Video constitutes ?fake news? in every sense of the phrase.

15.

In the Video, defendant RODNEY ROUSSELL describes being the Victim of an alleged

sexual assault or sexual assaults which occurred during a period in which he was incarcerated.
16.

At 1:03 in the Video, defendant RODNEY ROUSSELL is depicted walking on Perdido
Street immediately adjacent to Templeman Phase V, a closed facility formerly operated as a jail
at the Orleans Parish Sheriff?s Of?ce. Templeman Phase is located in Orleans Parish.

17.

As defendant RODNEY ROUSSELL walks along the side of Templeman V, and while

 

1 as accessed at
12:40 pm. on July 13, 2018.

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defendant RODNEY ROUSSELL begins to describe a sexual assault, defendants ONAH M.
KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and JAPHET WEEKS cause text to appear
on the screen which reads ?Rodney Roussell served nine years in prison for check fraud? with

the Templeman Phase security perimeter clearly Visible in the background of the image.

18.

The Video continues. At 1:17 in the Video, defendant RODNEY ROUSSELL is
depicted standing on Dupree Street, immediately in front of the sally port entrance to the Orleans
Justice Center, a modern jail facility operated by the Orleans Parish Sheriff? Of?ce. At the
same timestamp in the Video, defendants ONAH M. KESSEL, TAIGE JENSEN, LEAH
VARJACQUES, and JAPHET WEEKS cause the text ?Orleans Parish Prison, New Orleans? to
appear on the screen.

19.

At 1:27 in the Video, defendant RODNEY ROUSSELL is portrayed in front of a screen
re?ecting Video footage of the inside of Templeman Phase V, speci?cally the area known as the
main holding tank. Defendant RODNEY ROUSSELL is representing that there were no guards
present ?here? while pointing at the image of the main holding tank, further stating that the
guards had to come from ?the booking area? to come and ?see anything that was going on in
here.? At all times during which defendant RODNEY ROUSSELL is making references to
?here? while pointing at the video screen, defendants JONAH M. KESSEL, TAIGE JENSEN,
LEAH VARJACQUES, and JAPHET WEEKS are causing footage of the main holding tank of

Templeman Phase and the main corridor of the ?A-Wing? of Templeman Phase 

Case Document 1 Filed 07/13/18 Page 6 of 16

20.

As the Video continues, defendant RODNEY ROUSSELL vividly describes a series of
Violent sexual assaults and sexual and physical control of Mr. Roussell by other, unnamed
inmates. At 2:29 in the Video, as defendant RODNEY ROUSSELL describes himself as being
bartered and gambled like a piece of property, the of?cial star logo of the Orleans Parish
Sheriffs Of?ce, with the words ?Sheriff,? ?Orleans Parish,? and ?State of Louisiana,? is caused
to be displayed by JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and
JAPHET WEEKS. As the Video continues, approximately 10 seconds after the display of
Plaintiff?s logo, defendant RODNEY ROUSSELL describes ?the staff? as being knowing
participants in what is described as sexual slavery, observing defendant RODNEY ROUSSELL
being forced to dance and mocking him in the process before leaving the tier.

21.

The Video continues. At 3:40, as defendant RODNEY ROUSSELL is describing being
forced to conceal his genitals to appear feminine and being subject to attack for any masculine
behavior, defendants JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and
JAPHET WEEKS cause another image of defendant RODNEY ROUSSELL standing in front of
the Orleans Justice Center, the jail facility operated by the Plaintiff, to be prominently displayed
in the background. Also seen in the footage are several signs depicting the Plaintiffs star logo.

22.

The Video continues. At 3:52 in the Video, defendant RODNEY ROUSSELL is pictured

standing on Dupree Street facing Tulane Avenue, standing immediately adjacent to the

Temporary Intake and Processing Center (IPC) of the Orleans Parish Sheriff?s Of?ce, another

Case Document 1 Filed 07/13/18 Page 7 of 16

closed facility. In the background of the image displayed by JONAH M. KESSEL, TAIGE
JENSEN, LEAH VARJACQUES, and JAPHET WEEKS, the Community Corrections Center
another closed facility of the Orleans Parish Sheriff? Of?ce is seen in the background.
Simultaneously, as these images of jail facilities operated now or formerly by the Plaintiff are
prominently displayed, and as defendant RODNEY ROUSSELL stares in the direction of the

Orleans Justice Center, defendant RODNEY ROUSSELL states, lost me here.?

23.

The Video continues. At 3:58 in the Video, footage moving into the entrance alleyway of
Templeman Phase is displayed by JONAH M. KESSEL, TAIGE JENSEN, LEAH
VARJACQUES, and JAPHET WEEKS. The footage immediately changes to the A-2 cellblock
of Templeman Phase V, depicting cells, bunks, and toilets of the facility, which has been closed
for three years. Simultaneously, as the footage of plaintiff?s building are being prominently
displayed, defendant RODNEY ROUSSELL is reading, lost my humanity here. I lost my
identity here. I lost myself here.? As the footage continues, defendant RODNEY ROUSSELL is
seen on camera facing a Video screen containing footage of Templeman Phase V, and states
simultaneously that ?so the memories are coming back to It?s like I?m angry or
something. . . at the building. It?s a weird feeling.? as he Views the images of Templeman Phase
shown by JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and JAPHET

WEEKS.

Case Document 1 Filed 07/13/18 Page 8 of 16

24.

The webpage on which the Video is posted states in its introductory paragraph, ?In this
video Op-Ed, Rodney Roussell tells his painful story for the ?rst time on camera. Convicted of
check fraud, Mr. Roussell spent nine years in prison in Louisiana, where he was raped and sold
into sexual slavery for $20 in commissary items.? The caption under the video states, ?In the
#MeToo era, punch lines about sexual assaults in jail remain acceptable. But to Rodney Roussell,
they?re a painful reminder of the nine years he spent in prison, where he was raped and sold into

sexual slavery.?

25.

The only name of any jail, prison, or agency displayed at any time in either the Video
created, ?lmed, produced, edited, and published by the defendants, or on the webpage drafted
and published by the defendants, is the name of the of?ce held by the Plaintiff, the Orleans
Parish Sheriffs Of?ce, and the Orleans Parish Prison.

26.

The only images and/or videos of any jail, prison, or agency displayed at any time in
either the Video created, ?lmed, produced, edited, and published by the defendants, or on the
webpage drafted and published by the defendants, are images of jail facilities currently owned
by, and formerly operated and/or currently operated by, the Plaintiff and the of?ce he holds, the

Orleans Parish Sheriff?s Of?ce.

Case Document 1 Filed 07/13/18 Page 9 of 16

27.

The detailed sexual assaults alleged in the Video by the defendants actually are alleged to
have occurred in Union Parish, Louisiana, as detailed in defendant RODNEY 
federal complaint, ?led on or about March 7, 2014, in the United States District Court for the
Western District of Louisiana, under Civil Action No. Section In that
pleading, defendant RODNEY ROUSSELL describes in detail that he began being repeatedly
sexually assaulted in approximately 8 days after he arrived there on February 1, 2011.
The Plaintiff Complaint continues for approximately two pages and details the same incidents
discussed by defendant RODNEY ROUSSELL in the video. At no time does defendant
RODNEY ROUSSELL suggest that any of the sexual activity or assaults occurred in or around
in Orleans Parish. Union Parish Detention Center is approximately 5 hours driving distance
from any facility depicted in the Video. The Times-Picayune subsequently published a story
referencing the Video and containing factual data regarding the actual location of the alleged
assaults.2

28.
In fact, defendant RODNEY ROUSSELL had not been incarcerated in any Orleans Parish
Sheriff?s Of?ce facility since 2007, nearly 7 years prior to his allegations, and on the date of his
last arrest, August 24, 2007, he spent less than 24 hours in Central Lockup. Further, the
defendant RODNEY ROUSSELL has never been incarcerated in Templeman Phase at any

time in which he was incarcerated in Orleans Parish.

 

2 as viewed on July 13, 2018
at 1:55 pm.

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Case Document 1 Filed 07/13/18 Page 10 of 16

29.

The portrayal of numerous Videos and/or photographs of Plaintiff jail facilities and/or
of?ce by defendants, as well as graphical display of the name of Plaintiff?s jail facility ?the
Orleans Parish Prison, New Orleans? as defendant RODNEY ROUSSELL describes sexual
assaults, constitutes untrue and defamatory statements which have caused the Plaintiff damages
and which continue to cause the Plaintiff damages. Defendants had no basis for the publication
of the Video purported to be about the Plaintiffs jail facilities and/or of?ce had no basis for the
publication and they knew and/or should have known that the statements would harm Sheriff
Gusman, the Orleans Parish Sheriff?s Of?ce, the Orleans Parish jail facilities including, but not
limited to, the currently operated Orleans Justice Center, and that such Video would tarnish the
reputation of the Plaintiff and his of?ce and that it would deter others from associating or dealing
with the Plaintiff and his of?ce, including causing signi?cant harm to his ability to recruit staff.

30.

The conscious decision by defendant RODENY ROUSSELL to name the facility in
which the assault(s) allegedly occurred, and the conscious decision by the defendants THE NEW
YORK TIMES COMPANY, JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES,
and JAPHET WEEKS to not portray video footage of the jail or prison facility where the
assault(s) allegedly occurred, or to even reference the name of the jail or prison facility where the
assault(s) allegedly occurred in the Video or article, and to instead portray and graphically name
the Orleans Parish Prison and other Orleans jail facilities, despite clearly having cinema-quality
video editing capabilities, was done with knowing and reckless disregard of the facts and actual

malice towards the Plaintiff and his of?ce.

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31.

The Video and article, when read as a whole, is a conscious attempt to defame the

Plaintiff, his of?ce, the jail facilities, and his staff in a false light before the public.
32.

Moreover, the article and Video itself are evidence of actual malice or intent to defame
the plaintiff as it was clearly politically motivated, with intent to cause the plaintiffs of?ce to
lose favor in the eyes of the community and/or to cause the community to hold the plaintiff and
his of?ce up to scorn, disdain, and/or ridicule, and to impede the plaintiff?s ability to recruit and
retain quality staff in an effort to comply with the federal Consent Judgment (the ?Consent
Judgment?) entered in Jones, et al. v. Gusman, et a1. EDLA No. 12-00859. The Video was
published without veri?cation of any facts, and in direct contradiction of known facts contained
in a federal pleading drafted by defendant RODNEY ROUSSELL and available publicly, with
no regard for the impact and damage it would have on the Plaintiff and his of?ce.

33.

THE NEW YORK TIMES COMPANY publishes and the New York

 

Times newspaper and is solely responsible for its content. As the employer and/or contractor of

JONAH M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and JAPHET WEEKS, who

were at all times engaged in the exercise of functions in which they are employed, THE NEW

YORK TIMES COMPANY is vicariously liable for the damages occasioned by JONAH M.

KESSEL, TAIGE JENSEN, LEAH VARJACQUES, and JAPHET WEEKS. La. C.C. art. 2320.
34.

THE NEW YORK TIMES COMPANY is solely responsible for all content published

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under ?The New York Times? channel on YouTube and is thus responsible for the publication of
the Video on YouTube, and all damages caused by Viewing directly on YouTube or while Viewed
on other sites Via hotlink.

35.

As a result of the defamatory and untrue Video and article, the plaintiff and his of?ce
have been subjected to, continue to be subjected to, and will be subjected in the future to, a
reduced ability to recruit and retain staff, loss of value to expended recruiting funds, increased
dif?culty in an effort towards compliance with the Consent Judgment, increased dif?culty in
successful completion of the Prison Rape Elimination Act audit, increased exposure to litigation
and increased costs of defense associated therewith, damage to reputation, and unnecessary
criticism.

FIRST CAUSE OF ACTION
36.

Plaintiff repeats, re-alleges, and incorporates by reference all of the preceding allegations
of this Complaint.

37.

By conspiring to author and publish the Video and associated article, the defendants have
engaged in a malicious attempt to discredit the plaintiff and his of?ce, cause him and his of?ce
to become estranged from the community, harmed his ability to recruit and retain staff, harmed
his ability to comply with the Consent Judgment, increased his exposure to litigation and costs
associated therewith, and caused damage to his reputation and relationships community and

state-wide.

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Case Document 1 Filed 07/13/18 Page 13 of 16

38.
Plaintiff avers that defendants herein, THE NEW YORK TIMES COMPANY, ONAH
M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, JAPHET WEEKS, and RODNEY
ROUS SELL are solidarily liable unto plaintiff for damages that are reasonable in the premises as
a direct and proximate result of defendants? nonprivileged publication of defamatory images,
words, and speech falsely representing that the alleged sexual assault of defendant DENNIS
ROUSSELL occurred in Orleans Parish, and speci?cally in a facility under the direction of the
Plaintiff and his of?ce, falsely and out of context, with malice and/or reckless disregard of the
truth of their assertions and Without probable cause.
39.
The Video and the article associated with the Video made about the Plaintiff and his
of?ce are considered defamatory per se.
SECOND CAUSE OF ACTION
40.
Plaintiff repeats, re-alleges, and incorporates by reference all of the preceding allegations
of this Complaint.
41.
Plaintiff avers that defendants herein, THE NEW YORK TIMES COMPANY, ONAH
M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, JAPHET WEEKS, and RODNEY
ROUS SELL are solidarily liable unto plaintiff for damages that are reasonable in the premises as
a direct and proximate result of defendants? intentionally, with malice and/or reckless disregard

for the truth of their assertions and without probable cause, subjecting plaintiff and his of?ce to

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Case Document 1 Filed 07/13/18 Page 14 of 16

publicity that unreasonably places the plaintiff in a false light before the public by falsely
representing that the alleged sexual assault of defendant DENNIS ROUSSELL occurred in
Orleans Parish, and speci?cally in a facility under the direction of the Plaintiff and his of?ce for
purposes of subjecting plaintiff to scorn, ridicule, and/or disdain in the community and
nationwide.
THIRD CAUSE OF ACTION
42.
Plaintiff repeats, re?alleges, and incorporates by reference all of the preceding allegations
of this Complaint.
43.
Plaintiff avers that defendants herein, THE NEW YORK TIMES COMPANY, ONAH
M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, JAPHET WEEKS, and RODNEY
ROUSSELL are solidarily liable unto plaintiff for damages that are reasonable under the
premises for the intentional tort of trespass into Templeman Phase V, through their intentional,
unauthorized, and unlawful entry into the Templeman Phase jail facility in order to obtain ?lm
and/or footage to create the Video.
DAMAGES AND RELIEF SOUGHT
44.
The actions of the Defendants, jointly severally and as co-conspirators, constitute the
torts of defamation, libel and/or false light invasion of privacy, and trespass.
45.

Plaintiff?s damages exceed the minimum jurisdictional amount. He itemizes the

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categories of his damages to include, but not be limited to:

a. Damages to the Sheriff?s personal and Sheriff?s Of?ce?s reputation(s);

b. Personal embarrassment and humiliation;

c. Demoralization of the staff of the Orleans Parish Sheriff?s Of?ce;

(1. Inability to recruit and retain staff of the Orleans Parish Sheriff 5 Of?ce;

e. Loss and/or waste of funds expended on recruiting and retention of staff of the

Orleans Parish Sheriff 3 Of?ce.
f. Loss of opportunities for grants and funding to improve the quality of life of staff

and inmates;

g. Loss of ability to secure volunteers for inmate programming;

h. Increased exposure to litigation and costs associated therewith;

i. Damage of ability to expeditiously comply with Consent Judgment;

j. Damage of ability to complete Prison Rape Elimination Act audit; and
k. Any and all other damages to be proven at the trial of this matter.

Plaintiff prays for an award by this Honorable Court for reasonable damages under the
circumstances.

46.

Plaintiff further prays for declaratory and injunctive relief, ordering defendants to
immediately and forever cease and desist all publication of the Video and/or articles associated
with the Video on defendants? own website or any social media websites.

47.

Plaintiff is entitled to and prays for a trial by jury on all factual issues pled herein.

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WHEREF ORE, plaintiff, Sheriff Marlin N. Gusman, in his of?cial capacity as the Sheriff

for the Parish of Orleans, prays that in the form of law and according to the Federal Rules of

Civil Procedure issue against the defendants, THE NEW YORK TIMES COMPANY, JONAH

M. KESSEL, TAIGE JENSEN, LEAH VARJACQUES, JAPHET WEEKS, and RODNEY

ROUSSELL, directing them to appear and answer the matters aforesaid, and that after due

proceedings have been had, there be judgment in favor of plaintiff, for reasonable damage,

together with legal interest from the date of occurrence until paid and for all costs of these

proceedings; plaintiff further prays for all general and equitable relief which the justice of the

cause may require, and to which he may otherwise be entitled by law.

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Respectfully submitted,

ORLEANS PARISH OFFICE

51%;

BLAKE J. ARCURI (LSBN 32322)
FREEMAN R. MATTHEWS (LSBN 9050)
2800 Perdido Street

New Orleans, LA 70112

Tel: 504.202.9404; Fax: 504.202.9454
arcurib@opso.us

COUNSEL FOR PLAINTIFF,

SHERIFF MARLIN N. GUSMAN