LMR_September proof8

President’s Message
17 YEARS LATER: WE STILL REMEMBER
BY MAYOR HARRY LEWIS, TOWN OF RAYVILLE
I remember exactly where I was
on September 11, 2001. It was the
beginning of another busy morning
at Rayville High School, where I
served as principal. At about 8:35 a.m., the telephone
began ringing off the hook. Each call alerted us about
the attack on New York. I turned on the office TV and
saw scenes that appeared to be in a disaster movie,
except this unbelievable, shocking scene was happening
in real time.
I asked our teachers to turn their room TV’s on to allow
students to witness this sad, but historic event. The
Rayville Police Department actually sent an officer to get
a student out of class because his father, an Army officer
stationed in New York, was likely at the site. However, his
father was delayed that day because of an appointment.
We learned that extreme Islamic terrorists had hijacked
four airplanes. The first airplane plowed into the north
tower of the World Trade Center, the second into the
south tower of the World Trade Center, and the third
plane attacked the Pentagon. The fourth plane’s attack
was foiled by the courageous passengers of United Flight
93. This plane crashed into a field in Pennsylvania, killing
Legal Briefs
PARTY, INTERRUPTED
BY KAREN DAY WHITE, EXECUTIVE COUNSEL
Law enforcement officers are charged with
enforcing the laws within their jurisdictions and with
safeguarding the public. Officers are often forced to
enter potentially dangerous situations knowing little
or nothing about the scenario, and in carrying out
their duties, officers can sometimes cause damages
to criminal suspects or other persons. It is upon the
backdrop of this canvas that the defense of qualified
immunity for law enforcement officers has arisen.
Neatly stated, qualified immunity for police officers
means that the allegation of civil liability against the
officer must be dismissed because the complained of
act did not violate a clearly established constitutional
or federal statutory right of which a reasonable person
would have known. In the same way that a lock will
only give way when all of the tumblers fall into place,
all aboard. No one is sure of the plane’s target.
This deadly attack killed nearly 3,000 people. This
number included firemen, paramedics, police officers and
Port Authority police officers. Additionally, many who
survived this dreadful attack are experiencing various
health issues as a result of toxic fumes.
This attack affected every state in the United States, but
the shock and grief of these vicious attacks were shared
by countries throughout the world. Seventeen years
later, we still remember 9/11. We remember lives lost and
the families who suffered these loses. Cities, towns and
villages throughout Louisiana and the nation will observe
this day. American flags will proudly wave on homes and
businesses, and at half-mast on US government buildings
and establishments. Schools and businesses will observe
9/11 with a moment of silence. Churches will open for
special prayer services.
Let this be a day of remembrance and service. Take the
time to thank and pray for our first responders who put
their lives on the line everyday so that we may live in safe
communities.
We remember! God bless this great organization! God
bless Louisiana! God bless the United States of America!
the defense must prove all of the
essential elements of this immunity
in order for a lawsuit against
an officer to be dismissed. The
overarching theme of the immunity, though, is that
the officers must have acted reasonably based on the
information known to them at the time.
The US Supreme Court recently examined the
immunity in the context of a particularly bawdy case
arising from the District of Columbia (D.C. v. Wesby, 138
S.Ct. 577, 1/22/18). Therein, police officers responded
to a complaint about loud music and illegal activities
in a vacant house. Upon arrival, the officers smelled
marijuana, and observed beer bottles and liquor on the
filthy floor, a make-shift strip club set up in the living
SEE LEGAL BRIEFS, PAGE 6
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LMR | September 2018