Noyel v. City of St. Gabriel
202 So. 3d 1139
La. Ct. App.2016Background
- Governor declared a state of emergency for Hurricane Isaac (Aug. 26–Sept. 2012).
- Sgt. Redditt arrested Noyel for looting after finding a 55‑gallon diesel drum taken from the city wastewater facility.
- Officers Lee and Jones transported Noyel to jail in handcuffs with a seatbelt; Noyel escaped through a rear window while the vehicle was moving, was injured, and later pled guilty to simple escape.
- Noyel sued the City and St. Gabriel Police Department alleging negligent failure to secure/supervise him (improper handcuffing, seatbelt, locked window, training, observation).
- Defendants moved for summary judgment asserting statutory immunity under La. R.S. 29:735 (employees engaged in homeland security/emergency preparedness activities are immune except for willful misconduct).
- Trial court granted summary judgment for defendants; appeal followed contesting the immunity ruling and the grant of summary judgment.
Issues
| Issue | Noyel's Argument | City/Police Argument | Held |
|---|---|---|---|
| Whether officers were engaged in "homeland security and emergency preparedness activities" when transporting Noyel | Officers were not performing emergency preparedness activities during routine arrest/transport | Arrest for looting during a declared emergency and ensuing transport are part of civil defense/emergency preparedness | Court: Yes — arrest/transport in response to looting during declared emergency fall within emergency preparedness activities |
| Whether officers' conduct constituted "willful misconduct" under La. R.S. 29:735 (thus negating immunity) | Officers were negligent in securing/supervising Noyel and therefore their conduct rises to willful misconduct or at least creates material fact issues | No evidence of bad intent or wanton/reckless disregard; actions were in good faith and not willful misconduct | Court: No willful misconduct shown; summary judgment proper — immunity applies |
| Whether summary judgment was improper given factual disputes | Factual disputes (restraints, seatbelt, window lock, supervision, intoxication) preclude summary judgment | Movants highlighted absence of evidence to prove elements overcoming immunity; burden met to show absence of factual support for willful misconduct | Court: De novo review finds no genuine issue of material fact on immunity/willfulness; summary judgment affirmed |
Key Cases Cited
- Lyons v. Terrebonne Par. Consol. Govt., 68 So.3d 1180 (La. App. 1 Cir.) (purpose and scope of Louisiana Homeland Security and Emergency Assistance and Disaster Act)
- Koonce v. St. Paul Fire & Marine Ins. Co., 172 So.3d 1101 (La. App. 3 Cir.) (statutory immunity under La. R.S. 29:735 and definition of willful misconduct)
- Hines v. Garrett, 876 So.2d 764 (La.) (summary judgment standards and limits on weighing credibility)
- State v. Harris, 968 So.2d 187 (La. App. 5 Cir.) (elements of looting offense during declared emergency)