Legal Question in Civil Rights Law in Louisiana
I am a student at Loyola University in New Orleans. Audubon Park is across the street from my campus. The park closes at 10pm. I visited at 9:30 and was talking on the telephone. I lost track of time and stayed there until 10:15. At 10:15, I was sitting on a bench underneath a gazebo when a truck approached the gazebo from about 25 yards away and shined a giant flashlight on me. I read frequently about the muggings in the park, and worried that someone was going to rob me. To prevent the unidentified visitor from stealing my things, I threw my belongs into the lake, (prescribed pain killers from my surgery last week and instinctively an empty plastic cup) so as to free my hands in case I had to defend myself. A 6'2" man in a black zipped-up windbreaker jacket hurled towards me and tackled me. He ripped my shirt off. I felt he was trying to assault me, since he was identifying himself as a New Orleans Police Officer all the while refusing to show me any badge or other form of identification. I continually pulled away, but he was able to gain control of me, at which point he raised his fist so as to discourage me from running. He twisted my arm and did not identify himself until five minutes later, at which point he pulled me up to his truck and talked into his radio. I continually asked him if I was doing anything wrong. He paused for a moment and then accused me of spray painting. Once the additional guards from Park Security arrived, they searched the pond and the general area TWICE, both times returning with absolutely nothing- no spray cans, no signs of fresh paint, nothing. I was wearing slippers and baggy jeans, clothing you typically wouldn't wear if you intended on planning for the possibility of having to run if getting caught vandalizing property. The officers refused to call New Orleans Police, yet retained me for almost an hour, at which point they called my CAMPUS POLICE. The Campus Police did nothing- they just talked with the Audubon Security and then they let me go free. I walked back to campus without an escort or any formal charges or citations. Prior to leaving, I asked to borrow a flashlight in order to search and retrieve my items, which were at the shore of the pond. It was too dark to find everything that had fallen out of my bag after I was tackled. Even the Campus Police refused to lend me a light so I could retrieve my things. They forced me to leave.
What I want to know is whether or not any of the Audubon Security guards' actions violated any city, state or federal law.
3 Answers from Attorneys
While very frightening and unfortunate, your actions made you appear suspicious. The detention was not over-long. While they didn't aid you in retrieving your belongings they didn't prevent you. If security identified themselves as NOPD but were actually APS, there may be an impersonating officer issue. However at 10:15, you were trespassing.
Throwing your stuff in the pond?! Who in the world would think that was normal?
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