February 11th, 2021
US Court of Appeals for the Fifth Circuit Opinions
Lefebure v. D'Aquilla
Opinion Date: February 9, 2021
Judge: James C. Ho
Areas of Law: Civil Procedure, Civil Rights, Constitutional Law
Plaintiff filed suit alleging that Barrett Boeker, her cousin's husband, raped and sexually assaulted her on multiple occasions at his home on the grounds of the Louisiana state prison where he serves as an assistant warden. Plaintiff also alleges that Samuel D'Aquilla, the district attorney, conspired with Boeker and others to prevent her from seeking justice for these crimes. The Fifth Circuit held that, under established precedent, it has no jurisdiction to reach plaintiff's claims against D’Aquilla, because she has no Article III standing. The court explained that Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973), makes clear that "a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution." Accordingly, the court has no choice but to reverse and remand with instructions to dismiss the complaint for lack of subject matter jurisdiction as to D'Aquilla.
Leave a Reply.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm