LAFAYETTE, La. (KLFY) The defendants in a lawsuit on behalf of a Lafayette protester want the lawsuit dismissed and allegations striken from the record.
News Tens Renee Allen explains the case and the 15 people being sued.
The lawsuit involves Tara-Fogleman Laxey.
According to the complaint, on August 29, 2020 Laxey set up a barbeque pit on a public street near the home of Lafayette Mayor-President Josh Guillory.
Those named in the suit say she was outside his home while his family was inside.
“The community will not, will not tolerate civil unrest,” Guillory previously stated.
“My wife and children had to witness that, like other people in the community had to witness that,” he said.
The defendants state Laxey was protesting to promote a discussion with the mayor about the shooting death of 31-year-old Trayford Pellerin by members of the Lafayette Police Department.
Laxey after the BBQ protest explained her stance.
“There was no one screaming, there was no music playing, and no threats,” she said.
The attorney representing the defendants filed a motion to have the suit dismissed for failure to state a claim, and to have immaterial allegations stricken from the record.
In addition, the ACLU lawsuit states that Laxey’s constitutional rights were violated and excessive force was used against her during her arrest.
Laxey says she was handcuffed to a wall at the police station, moreover during a time when COVID intake restrictions were in place. Also, while at the correction center, claims of inadequate clothing was provided and inadequate personal protective equipment against the threat of contracting COVID-19.