Reyes v. Sazan

168 F.3d 158 (5th Cir. 1999)

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Nature of the Case

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Facts

Ps, brother and sister, Florentino and Elizabeth Martinez, were driving with the sister's minor daughter in the brother's pickup truck on Interstate 12. The truck had Texas plates. Sazan (D), a Louisiana State Trooper, pulled them over. They were driving under the speed limit. Florentino got out of the truck, producing his driver's license and proof of registration. D ordered Florentino to remain standing in the cold rain while he returned to his vehicle, and eventually issued a warning citation for following too closely, although there had been no vehicle ahead. Florentino denied that there were any drugs or weapons in the truck but signed a consent-to-search form at D's request. Elizabeth was ordered to leave the pickup truck and stand in the rain with her child while D searched it. Another trooper, a John Doe defendant, subsequently arrived with a police dog. The dog searched inside and under the truck but barked only when Doe pulled the dog's chain. No drugs were found. D ordered Ps to follow him to Headquarters where Kevin Armstrong was the commanding officer. D, Doe, and another unidentified officer, now Richard Roe, searched the vehicle. They removed gas tank and placed the truck on a lift that slammed it to the ground. The search lasted for three to four hours. It cost $2,209.20 to repair the damage done to the truck by the search. Ps were forced to stand under an outside porch cover exposed to the weather. Roe left the shop during the search, stating that drugs had been found and that the adults would be put in jail, and the child placed in foster care. No drugs or other contraband were found, and no criminal charges were ever filed. Ps sued Ds under §§ 1983 and 1985(3) for denial of their constitutional rights. They also asserted claims under the Louisiana Constitution and the Louisiana Civil Code. Ps claimed that Ds engaged in a conspiracy for selective enforcement of traffic laws against them. Ds moved to dismiss in part because Ps failed to allege facts sufficient to defeat the defense of qualified immunity. The court concluded that Ps had 'plead with particularity that this was part of a policy to stop and search those of Hispanic origin and/or that the supervisors failed to adequately train and/or monitor the Troopers.' The court did not dismiss the suit. Ds appealed.