CONTINUED FROM PAGE 4: LEGAL BRIEFS room, a used prophylactic, and a naked woman and several men in an upstairs bedroom. When the police arrived, some partygoers ran away, and some hid; some said that it was a bachelor party but couldn’t identify who it was for; and some said that they were there at the invitation of “Peaches,” though she was not there. The officers eventually tracked down Peaches, who admitted that she did not lease the premises, a fact confirmed by the property owner. The officers arrested 21 partygoers for illegal entry, charges that were eventually dropped. Sixteen of the arrestees sued for wrongful arrest, and both the trial court and the court of appeal found in favor of the plaintiffs, awarding $680,000 in damages and $1 million in attorney fees. SCOTUS reversed the lower courts and dismissed all claims against the officers, noting, “Considering the totality Hometown Happenings of the circumstances, the officers made an ‘entirely reasonable inference’ that the partygoers were knowingly taking advantage of a vacant house as a venue for their late-night party.” Regarding qualified immunity, the court ruled that the plaintiff must point to a “clearly established law” to demonstrate that the officers acted improperly and held that the plaintiff bears the burden of showing a “robust consensus of cases” to support that claim. After years of detailed case law on every element of qualified immunity, SCOTUS seemed to fall back on a common-sense standard in this case, opining: “Most homeowners do not live in near-barren houses. And most homeowners do not invite people over to use their living room as a strip club, to have sex in their bedroom, to smoke marijuana inside, and to leave their floors filthy. The officers could thus infer that the partygoers knew their party was not authorized.” St. Jude Fall Festival Sept 7-8, Zwolle Oldies But Goodies Festival Sept 8-9, Port Allen www.westbatonrouge.net Allen Parish Fair Sept 12-15, Oberlin www.allenparish.com St. Martinville Kiwanis Pepper Festival Sept 13-15, St. Martinville Mamou Cajun Music Festival Sept 14-15, Mamou www.mamoucajunmusicfestival.com Marthaville Good Ole Days Sept 14-15, Marthaville Natchitoches Meat Pie Festival Sept 14-15, Natchitoches www.meatpiefestival.com St. Theresa Bon Ton Festival Sept 14-16, Sulphur Sabine Fair & Rodeo Sept 18-22, Many Gueydan Duck Festival Sept 20-23, Gueydan www.duckfestival.org Alligator Festival Sept 20-23, Luling www.alligatorfestival.org Fried Chicken Festival Sept 22-23, New Orleans www.friedchickenfestival.com Louisiana Sugar Cane Festival Sept 27-30, New Iberia www.hisugar.org Cut Off Hurricane Festival Sept 28-30, Cut Off Gretna Heritage Fest Sept 28-30, Gretna www.gretnafest.com Page 6 <strong>LMR</strong> | <strong>September</strong> 2018
Inside the LMA <strong>LMR</strong> | <strong>September</strong> 2018 Page 7