19TH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA NO. DIVISION SECTION: JOHN SIMERMAN VERSUS COL. KEVIN REEVES, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT AND CUSTODIAN OF RECORDS FOR THE LOUISIANA STATE POLICE ILED: DEPUTY CLERK VERIFIED PETITION FOR WRIT OF MANDAMUS NOW INTO COURT, through undersigned counsel, comes the Petitioner herein, John Simerman (?Petitioner?), who ?les this Veri?ed Petition for Writ of Mandamus, and who, with respect to same, does hereby allege, aver, espouse, attest, and state as follows, to-wit: 1. The Petitioner is an individual of the age of majority, a resident of New Orleans, Louisiana, and a reporter for The Advocate newspaper. 2. Made Defendant/Respondent herein is Col. Kevin Reeves, in his capacity as Superintendent and Custodian of Records for the Louisiana State Police, State of Louisiana, enjoying the right to sue and be sued in this Court. 3. On November 17, 2018 at approximately 12:25 pm. Chantelle Davis, an off-duty New Orleans Police Of?cer, was stopped by Louisiana State Police Trooper Jared D. Taylor while Davis was driving eastbound on US. Highway 90 in Jefferson Parish at an alleged 23 miles over the speed limit. 4. On January 10, 2019, the Petitioner did make a public records request for the following public records relating to the November 17, 2018 traf?c stop of Of?cer Davis by the Louisiana State Police: All gists, reports, memos, citations, video footage, correspondence or other records related to a traf?c stop that took place on Nov. 17, 2018 on US 90B east involving vehicle operator Chantelle Davis. The request was made to State Trooper First Class Melissa Matey, the public information of?cer for Troop (Kenner, La.) of the Louisiana State Police. See Exhibit A. 5. The Petitioner received a response from Faye Morrison, Assistant Secretary of the Department of Public Safety, Of?ce of Legal Affairs on January 17, 2019 which provided a response as to some of the records, but, particularly as relevant to the matter before this Court, denied the Petitioner?s request for Trooper Taylor?s body-wom camera footage: Please be advised your request for video/body cam footage has been denied under La. R.S. See Exhibit B. 6. The Petitioner wishes to review the body camera footage as the matter involves a traf?c stop of a New Orleans Police Of?cer, Chantelle Davis, in which some controversy ensued as to her treatment of Trooper Taylor. Of further note, Trooper Taylor?s ticket was voided after his boss spoke with Ofc. Davis? superior, Nicholas Gemon, at NOPD. See Exhibit C. 7. The documents produced by the Louisiana State Police reveal that in the video requested, the interaction took place on the side of a public street (US-90) and that it is apparent that Of?cer 99 6? Davis ?had an attitude shooed [Trooper Taylor] disrespectfully, volunteered that she was and that Of?cer Davis was ?dismissive, arrogant and disrespectful? toward the Trooper. See, Exhibit C. I 8. The Petitioner avers that his reporting on this matter is of public interest in the operation of law enforcement in the state of Louisiana, and that Of?cer Davis is currently under investigation by the Public Integrity Bureau of the New Orleans Police Department as is her supervisor, NOPD 8th District Commander Nicholas Gernon. 9. In further correspondence with undersigned counsel, attorneys for the Defendant made it clear that they believed that production of the body camera footage would be a violation of Of?cer Davis? reasonable expectation of privacy as spelled out in La. R.S. which exempts: (8) Video or audio recordings generated by law enforcement of?cer body- worn cameras that are found by the custodian to violate an individual's reasonable expectation of privacy. A body-worn camera is a camera worn on an individual law enforcement of?cer's person that records and stores audio and video. Body-worn camera video or audio recordings that are determined by the custodian to violate an individual's reasonable expectation of privacy shall be disclosed upon a determination and order from a court of competent jurisdiction pursuant to RS. 44:35. All costs of production associated with a court-ordered disclosure shall be set by the court. Notwithstanding any provision of this Chapter to the contrary, body-worn camera video or audio recordings generated while the law enforcement of?cer is not acting in the scope of his of?cial duties shall not be subject to disclosure when the disclosure would violate a reasonable expectation of privacy. 10. Petitioner avers that this language relating to the reasonable expectation of privacy cannot apply to the instant matter as there is no right to privacy on a public street in accordance with years of precedent. Jaubert v. Crowley Post-Signal, Inc., 375 So. 2d 1386, 1391 (La. 1979); Stem v. Doe, 2001-0914 (La. App. 4 Cir. 12/27/01reasonable expectation of privacy requires that an ?individual has an actual or subjective expectation of privacy, but whether that expectation is also of a type which society at large is prepared to recognize as being reasonable.? Angelo Iafrate Const, L.L.C. v. State ex rel. Dep?t of ransp. Dev., 2003-0892 (La. App. 1 Cir. 5/14/04), 879 So. 2d 250, 255, writ denied sub nom. Angelo La?ate Const, LL. C. v. State ex rel. Dep?t of ransp. Dev., 2004-1442 (La. 9/24/04), 882 So. 2d 1131; Skamangas v. Stockton, 37,996 (La. App. 2 Cir. 3/5/04), 867 So. 2d 1009, 1014, on reh'g (Apr. 1, 2004), writ denied, 2004-1099 (La. 6/25/04), 876 So. 2d 839, and writ denied, 2004-1125 (La. 6/25/04), 876 So. 2d 843 12. Petitioner avers that there is no reasonable expectation of privacy present as the Video occurred on a public street and that the subject of the Video is herself a police of?cer, and the matter is one of public concern. 13. A writ of mandamus, which will ?compel the performance of a ministerial duty required by law,? La. C.C.P. Art. 3863, is appropriate to compel Defendant to abide by his statutory duty to produce the records, in whole or in part, made subject of Petitioner?s request. 14. Petitioner respectfully requests this Honorable Court review the video in camera and/or order production of the request immediately. 15. It is the law of Louisiana that: ?No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.? La. Const. Art. 12, Sec. 3. 16. Furthermore, ?Providing access to public records is a responsibility and duty of the appointive or elective of?ce of a custodian and his employees.? La. Rev. Stat. Ann. 44:31. 17. ?All persons and public bodies having custody and control of any public record? are required by law to preserve the public record ?for a period of at least three years.? La. Rev. Stat. Ann. 44:36. 18. A ?recording? is de?ned as a public record in La. Rev. Stat. Ann. 19. A custodian of Public Records has three days, exclusive of Saturdays, Sundays and legal public holidays, to produce public records. La. Rev. Stat. Ann. 44:33. 20. The exceptions cited by the Defendant do not apply to the instant request. La. Rev. Stat. Ann. was amended into the law in 2016 to protect ?private property or a witness who needs protection.?l SB 398, which created the law cited by the Defendant, was merely a statement of ?the law currently? in the state of Louisiana?that if a right to privacy outweighs the public?s right to know, the document (or video) would not be produced.2 21. Further legislative testimony clari?ed that the intent of the amendment was to protect, as Alexandria Police Chief Lambert said, ?Data that is captured in a non-criminal investigative setting, where there is no pending criminal case. The bill allows us to screen those and make an objection on behalf of the privacy interest of those depicted.?3 In the instant matter, a criminal or adverse action (in the form of a traf?c ticket) was at issue and later dismissed under circumstances which warrant further investigation. Legislative Debate, April 19, 2016 Senate Governmental Affairs Committee: available at http://senate. 6/04/Legislative Debate, April 25, 2016 Senate Governmental Affairs Committee: available at 0 3 Legislative Debate, May 18, 2016 House Governmental Affairs Committee: available at I 6/mav/05 I 8 l6 HG 22. There is no right to privacy present in the records as there is a signi?cant public interest in the detaining and investigation of a police of?cer, and redaction can effectively deal with any privacy concerns. 23. The Petitioner, through counsel, made demand upon the Defendant requesting that the Defendant reconsider his wholesale denial of the request, but the Defendant refused to do so. 24. The Louisiana Public Records. Law provides that any person who is denied the right to inspect or copy a record ?may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages as provided for by this Section, in the district court for the parish in which the of?ce of the custodian is located.? La. Rev. Stat. Ann. 25. Suits ?led under the Public Records Law ?shall be tried by preference and in a summary manner.? La. Rev. Stat. Ann. 26. As stated in La. Rev. Stat. Ann. the ?burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian.? 27. The Louisiana Public Records Law at La. R.S. allows for in camera inspection of documents in controversy, and the Petitioner requests such an inspection. 28. The Louisiana Supreme Court has held that the Public Records Law should always be ?construed liberally in favor of free and unrestricted access to the records, and that access can be denied only when a law, speci?cally and unequivocally, provides Whenever there is doubt as to whether the public has the right of access to certain records, the doubt must be resolved in favor of the public's right to see.? Title Research Corp. V. Rausch, 450 So.2d 933, 936 (La. 1984). 29. Petitioner asserts that the outstanding request is appropriately narrow and well within the faculties and capability of the Defendant to answer. 30. The Defendant has asserted that Ofc. Davis? drivers license is present in the video, and has stated that it will not consider redaction of that alleged private information as an alternative to wholesale denial. 31. Petitioner avers that the Defendant has arbitrarily and capriciously withheld the records sought and has arbitrarily and unreasonably failed to respond to the request as contemplated by La. Rev. Stat. Ann. 44:32. Petitioner therefore requests that this Court award actual damages and civil penalties in accordance with La. Rev. Stat. Ann. 32. Petitioner furthermore avers that upon judgment of this Honorable Court, he should be awarded reasonable attorneys? fees and other costs of litigation under La. Rev. Stat. Ann. prevailing petitioner] shall be awarded reasonable attorney's fees and other costs of litigation?) [Emphasis added] WHEREFORE, in consideration of the above and foregoing Petition for Writ of Mandamus, together with the facts stated herein, the exhibits appended hereunto, and the law and equities applicable in the premises, Petitioner respectfully moves this Honorable Court to grant the relief as prayed for in his Petition and order Defendant to produce copies of the records sought. Petitioner further (separately and/or conjunctively) prays for this Honorable Court to ?order the issuance of an alternative writ directing the defendant to perform the act demanded or to Show cause to the contrary,? in accordance with Louisiana law. Petitioner ?nally prays for civil penalties for arbitrary and/or capricious failure to produce the records, any and all equitable relief as is available, all costs of this proceeding, and attorneys? fees as provided for under the Louisiana Public Records Law, as well as all other various relief to which Petitioner is entitled. Respectfully Submitted, STERNBERG, NACCARI WHITE, L.L.C. SCOTT STERNBERG (#33390) MICHAEL FINKELSTEIN (#35476) DAVID (#32535) 643 Magazine Street Suite 402 New Orleans, Louisiana 70130 Telephone: (504) 324-2l4l Fax: (504) 534-8961 micliaelhf?snw.law davidr?dISIIW.lam Counsel for Petitioner, John Simerman PLEASE SERVE: Col. Kevin Reeves Custodian of Records Louisiana State Police 7919 Independence Blvd. Baton Rouge, LA 70806 19TH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA NO. DIVISION SECTION: JOHN SIMERMAN VERSUS COL. KEVIN REEVES, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT AND CUSTODIAN OF RECORDS FOR THE LOUISIANA STATE POLICE FILED: DEPUTY CLERK STATE OF LOUISIANA PARISH OF ORLEANS BEFORE ME, the undersigned Notary, personally came and appeared: JOHN SIMERMAN Who, after being duly sworn, deposed and stated: 1. He is an individual of the age of majority and domiciled in the Parish of Orleans, State Of Louisiana; 2. He is a Reporter for The Advocate newspaper; 3. He is the requestor Of the public records sought in the above-captioned case; 4. He has read the Petition in the above-captioned case and is familiar with the facts underlying the allegations contained therein based on his personal knowledge; 5. All of the allegations contained in the Petition and the foregoing statements are true and . correct to the best of his knowledge, memory, information, and belief. kykiHN SIMERMAN, AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME THIS 3 i DAY OF 1%ch 2019. Mb PUBLIC 19TH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA NO. DIVISION SECTION: SIMERMAN VERSUS COL. KEVIN REEVES, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT AND CUSTODIAN OF RECORDS FOR THE LOUISIANA STATE POLICE FILED: DEPUTY CLERK M3 Considering the Petition for Writ of Mandamus ?led herein on behalf of Petitioner John Simerman; IT IS HEREBY ORDERED that the Defendant, Col. Kevin Reeves, In his Of?cial Capacity as Superintendent and Custodian of Records for the Louisiana State Police, be served with the foregoing Petition and a copy of this Order, and that an alternative writ of mandamUs Shall issue herewith, directing and compelling Defendant to immediately produce the public records requested, or show cause to the contrary. IT IS FURTHER ORDERED that a hearing shall be held on the day of 2019, at o?clock and Defendant shall show cause as to: 0 Why said records should not be produced as requested, and why the alternative writ of mandamus issued by this Order shall not be made peremptory and permanent; 0 Why Defendant should not be taxed with costs and attorneys? fees, as well as penalties for an arbitrary and capricious failure to comply with the law, as permitted by law, and all other equitable and just relief as may be permitted by law. Baton Rouge, Louisiana, this day of 2019. JUDGE PLEASE SERVE: Col. Kevin Reeves Custodian of Records Louisiana State Police 7919 Independence Blvd. Baton Rouge, LA 70806 The New Orleans Advocate 840 St. Charles Ave. New Orleans, LA 70130 Jan. 10,2019 State Trooper First Class Melissa Matey Public Information Of?cer -Troop Louisiana State Police 21011-10 Service Rd. Kenner, LA 70065 re: Records related to 11/17/18 traf?c stop Re: Request for Public Records This letter is a public records request made pursuant to the Louisiana Public Records Act, Louisiana Revised Statute section 44:1, et seq. I am requesting permission to review the following records in possession: - All gists, reports, memos, citations, video footage, correspondence or other records related to a traf?c stop that took place on Nov. 17, 2018 on US 90B east involving vehicle operator Chantelle Davis. As you know, the Public Records Act requires that public records be provided for inspection and, if requested, copying within, at most, three days. If any of the records do not exist or will not be provided, you must notify me within, at most, three days regarding the reason(s) for the delay or refusal. If you have any questions about this request, or need additional information in determining what records I am requesting, please call me on my cell phone at 504.343.9307. I can also be reached at isimerman?theadvocate.com. I look forward to hearing from you soon. Sincerely, John Simerman Staff writer JOHN BEL Enuzuws W. 753', 010N151. GU DEF 15c m: 1' ?natr at ileuis?iana Public Safety and affections Public" Safety Services January 17. 2019 9-22000 Mr. John Simerman Via Email: jsimerman@theadvocate.com RE: Public Records Request All gists, reports, memos, citations, video footage, correspondence or other records related to a traffic stop that took place on November 17, 2018 on US 90B east involving vehicle operator Chantelle Davis OLA File No. 061408 Dear Mr. Simerman: In response to your public records request regarding the above captioned matter, please be advised that LSP maintains 4 pages of documents that are responsive to your request. The documents are available at a cost $0.25 per page, for a total of $1.00. Please forward a check or money order for $1.00 made payable to Louisiana State Police to my attention at Of?ce of Legal Affairs, PO. Box 66614, Slot Baton Rouge, LA 70896. Please be advised your request for video/body cam footage has been denied under La. R.S. If you have any questions or concerns, please feel free to contact me at (225) 925-6103 or via email at faye.morrison@la.gov. With kind regards, I am, Sincerely, 7 7 I Faye Marja) gAssiZs?tant Secretary DPS, Office of Legal Affairs LOYALTY "Jr: Equal fi'lyiplqt'ei' 1U). BOX 66614. 7089f: ~31 [7 LOST OR DAMAGED TRAFFIC CMTIOMS) TO: TROOP COMMANDER or SHIFF SUPERVISOR On I {:30 ftwas necessary for me to void traf?c citationca) 25> W. 5 9/9 ?mc 331,0 (34de amnW?J Grimm (3 WM om etc-?ME i certify thal the above citatiords) were voided {or the above stated reason(s). 0955:: 31mm 593) OFFICE OF STATE POLICE UNIFORM TRAFFIC SUMMONSI COMPLAINT AFFIDAVIT Ticket Numb 6849 Voiced Troop am. Jam: 0. Data 881 Troop Duty Status LOCATION INFO: Parish Comt: INCIDE INFIO: Ti - Date Entered: ate Issued . me Issued. 1212112018 Nam: ddie Mal: Last Name: Suf?x: OB: OLN: State: LA El- Ptcked UP: Yes 0 No Typo: [Routes Shallow: Emmecuom (apuonal) Janna Post: VIOLATION INFO: I IQhagge: [spam Zone: Crash ?l DWI Offense: Yes 0 No COMMENTS: Ticket voided per Spoke with Capt. from N0 about his deputy. A copy of the traf?c stop attached to voided ticket 1221 18 mes Save& a L09 Mindy Sadowski - 12/21/2018 10:12:15 AM . . .. Printed: ., .. DEPARTMENT OF PUHLIG SAFETY AND CORRECTIONS OFFICE OF STATE FOUCE UNIFORM TRAFFIC SUMMONSJ AFFIDAVIT mm OJ 00 On tho nlm??m. I 07 CT) (D Dam mm?; :1an 51% E1313. Din 15mm human: KEN 91 . 3mg?: Year 5 Hanan. Camw 1 Van Uc. Snala??'urm (I: Lucalbn ?3?703) Mhuql And Im ?haunt! warm mm Rum cum 1 sammB?gjmw ?Ema? Rm Yunnan-on Dumas? Ema; so mac: mam?? 'l I Tra?Wm (mum: 3 hm sun-u .. Calm Upon No Conn om Issuad Appearance Notice DMQK Damn tad Agency New 0;?an am: Signature a a: I mussxm 0? mm 611%} (?roln [1 Jo Jug bml? 6144.}de (In; r- at .5716'e: and [in ?1::sz Jay Cripple Sent: Friday, November 30. 2018 3:38 PM To: Donovan Archote Subject: Taylor?s Video I reviewed the video for the complaint on Taylor from the NOPD of?cer. in my humble opinion, she handled the whole thing wrong. Here are the highlights; He stopped her properly, Introduced himself and was polite. She exited with phone in hand texting, and texted the whole stop. She immediately had an attitude, tried to control the stop, volunteered that she was NOPD, challenged Taylor on where he told her to stand, shooed him disrespectfully and ordered him to write the ticketso she could go. Complainant stated she Was worried for her safety on the shoulder. yet doesn't once look up from her phone toward traf?c and never looks even worried about being outside her car. Taylor was not rude or discourteous even though she argued and tried to question him as if he was the one that was wrong. Seems to me that she talked herself into a ticket by being dismissive, arrogant and disrespect?ll. i added a Temporary Folder on the share drive for you to review the video. It was too large to send by email. We can delete the ?le after it?s viewed if you wish. Jay Lt. Jay .I. Cripple Troop 2101 l-10 Service Road Kenner, 70065