Brent Fontenot sued Officers Donnie Thibodeaux, Mike Perry and Brian Rozas, claiming he has suffered pain, suffering, anguish and humiliation as a result of alleged excessive force, assault and battery.
The officers contended the events of that day were a result of Fontenot’s actions.
Fontenot alleged that while arguing with another man he was slapped by Thibodeaux, who was not in uniform, and grabbed in a headlock.
Fontenot said he fell to the ground and that Thibodeaux said he was under arrest for assaulting an officer. He claims Thibodeaux still had not identified himself as an officer.
Shortly, uniformed officers arrived and Rozas and Perry, the suit alleges, approached the plaintiff from behind and began pulling him down.
Once on the ground, the plaintiff claims, Rozas and Perry sprayed him with pepper spray.
Fontenot asserts he had had neck surgery just before the incident and as a result of what he claims was excessive force he began having severe muscle spasms.
The trio of officers filed their response through attorney John F. Wilkes, III of Lafayette.
They assert the actions of March 1, 2008, were caused by Fontenot:
Failing to do what should have been done;
Failing to see what should have been seen;
Failing to act as a reasonable person under the circumstances;
Failing to exercise due care for his own safety;
Failing to follow lawful police orders.
Failing to submit to lawful detention or arrest.
An insurance company which paid Fontenot as a result of an oil field injury in July 2007 intervened in the case, saying if he received damages in the city case he owned the insurance firm money.
That claim became moot when Judge Donald Hebert granted Wilkes’ motion for summary judgment and dismissal.