By KEVIN CHIRI
Slidell news bureau
SLIDELL – A long-standing lawsuit against the St. Tammany Sheriff’s Office, alleging brutality against deputies during an arrest, has been tossed out by U.S. District Judge Carl Barbier.
Shane Gates had sued the Sheriff’s Office, District Attorney’s Office, St. Tammany Clerk of Court and Louisiana Attorney General claiming his constitutional rights were violated in 2006 when he was involved in a traffic stop, leading to his arrest.
Gates claimed in his lawsuit against the agencies that deputies handcuffed him, then “smashed his face into the concrete.”
He was later charged by then District Attorney Walter Reed with two misdemeanors on resisting arrest and driving while intoxicated charges, while also receiving a felony charge of aggravated flight from an officer.
When he went to court in 2012 he was found not guilty on the felony charge by a jury, but Gates then failed to show in court when his misdemeanor cases were set for trial.
Barbier said Gates’ failure to show was reason enough to throw out the civil lawsuit, something his attorney said he plans to appeal.
Chadwick Collings, attorney for the St. Tammany Parish Sheriff’s Office, stated, “Judge Barbier correctly ruled that Mr. Gates has ignored an arrest warrant for over three years for his failure to appear for trial on his state charges, and as a result, Mr. Gates’ federal suit against the St. Tammany Parish Sheriff’s Office, and the other defendants for alleged violations of his civil rights, must be dismissed.”
Sheriff Randy Smith stated he was very pleased with the result of the hearing and was “very glad to see this incident from over a decade ago finally put behind us”.
Gates’ attorney, John Hollister, was quoted as saying a stay in the case was suddenly being lifted too quickly for him to prepare adequate defense and he was surprised at last week’s hearing when the judge threw the case out.
Hollister went on to say that the actions showed the St. Tammany justice system was using criminal charges to pressure plaintiffs in civil cases.
After a lengthy hearing yesterday, U.S. District Judge Carl Barbier dismissed Shane Gates’ lawsuit against the St. Tammany Parish Sheriff’s Office, the 22nd Judicial District Attorney’s Office, the St. Tammany Parish Clerk of Court, the Louisiana Attorney General’s Office, and other remaining defendants.
The suit was filed as result of Mr. Gates’ arrest in 2006. The case has largely been dormant the past few years due to the fact that Mr. Gates is currently a fugitive on three misdemeanor charges still pending in the 22nd Judicial District Court.