Victory! Court Rejects Qualified Immunity in Louisiana Motorists’ Case, Allowing Fourth Amendment Claims of an Unconstitutional Traffic Stop to Continue

NEW OLREANS—For nearly four years, Mario Rosales and Gracie Lasyone have pursued justice over an unconstitutional traffic stop and roadside questioning by two Alexandria, Louisiana, police officers. Last year, Mario and Gracie achieved a major victory when a federal district court ruled against the officers and the city of Alexandria, allowing Mario and Gracie’s lawsuit to proceed. But the officers appealed on the grounds of qualified immunity, arguing their search and detainment of Mario and Gracie was not clearly unconstitutional. Today, the 5th U.S. Circuit Court of Appeals ruled against those claims, allowing the case to continue. Mario and Gracie are represented by the Institute for Justice (IJ), which works nationwide to protect Fourth Amendment rights and hold governments and their agents accountable when they violate the Constitution.

“This is the third ruling denying the officers qualified immunity,” said IJ Attorney Marie Miller. “The magistrate judge and district court had already determined the officers were not entitled to qualified immunity. The years Mario and Gracie have spent pursuing their rightful remedies are a testament to their willpower and strength; they are fighting not just for their own rights, but to protect the rights of all motorists moving forward.”

The Constitution protects Americans from being detained and investigated without a valid reason. But that is precisely what happened to Mario and Gracie. The officers pulled them over on bogus traffic infractions to go on a fishing expedition for drug crimes. Mario and Gracie were detained for more than 20 minutes on the side of a road, where they were questioned about a litany of drugs, past interactions with police, and their feelings about the U.S. Constitution. When the officers couldn’t find any evidence of illegal drugs and computer checks on Mario and Gracie came back clean, Mario was cited for minor traffic infractions for which the officers lacked justification. All citations were ultimately dismissed.

This 10-month-long appeal is the latest delay in a long series of tactics by the defendant officers and city to postpone legal proceedings. These included securing a stay of the case based on the criminal prosecution of one of the officers, Jim Lewis, for a crime committed on the job. The court lifted that stay. But then the officers pressed qualified immunity defenses, halting progress in the case yet again. The district court rejected those qualified immunity defenses, allowing the case to go forward. But the officers’ appeal of that decision kept the case on hold for nearly another year, until today’s ruling.  

The case will now continue in the evidence-collecting phase.

The Institute for Justice is a national nonprofit law firm that defends property rights and the Fourth Amendment and seeks to hold government officials accountable. IJ has worked on a class action lawsuit against the town of Brookside, Alabama, which systematically increased traffic stops and citations to enrich the town government and police department. IJ also defends drivers who faced civil forfeiture after police seized their savings during traffic stops, including a veteran who had his savings taken by Nevada officers.

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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/louisiana-traffic-stop/