XAVIER LAWRENCE, 14" JUDICIAL DISTRICT COURT LEXUS LAWRENCE, AND AMAYA LAWRENCE, (ROUGH HER LEGAL, SUARDIAN, TWILA WOODS S. NO. UW- U7 % A PARISH OF CALCASIEU ‘ONY MANCUSO IN HIS CAPACITY AS SHERIFF OF CALCASIEU PARISH. SCANNED OCT -6 2021 AND CITY OF LAKE CHARLES STATE OF LOUISIANA pct 01 202t 2 P Sc PS eee DEPUTY CLERK OF COURT PETITION FOR DAMAGES ‘The petition of Xavier Lawrence, Lexus Lawrence, individuals of the full age of majority, and the minor child Amaya Lawrence, through Twila Woods as tutor of the minor child, respectfully represent: Made defendants herein are: a, Tony Mancuso in his capacity as Sheriff of Calcasieu Parish; and b. The City of Lake Charles, through its Mayor, Nic Hunter; 2. Defendants are jointly and severally liable unto Plaintiffs in such amounts to be determined by this Court, together with legal interest from date of judicial demand and for the co of the procstings. OT an Fling Dee 10/01/2001 1200.84 (Career 2021-00408 ocamert Name PETITION ‘Several employees of the City of Lake Charles and Tony Mancuso in his capacity as Sheriff of Calcasieu Parish were involved in the arrest, assault, battery, and death of Ray Lawrence, Jr. on October 1, 2020. They acted directly, and/or conspired with one another directly to cause the death of Mr. Lawrence. pate [0-1 me PROCESSED Date:__2¢T 75 2021Plaintiffs requested the names of all officers, deputies, and corporals involved in the arrest, assault, battery, and death of Ray Lawrence, Jr. However, the Calcasieu Parish Sheriff's Office and the City of Lake Charles have refused to disclose that information to Plaintiffs as a criminal investigation is allegedly still pending in this matter. ‘Therefore, Plaintiffs will later amend their petition to include the names of the unnamed defendants. Upon information and belief, on or about October 1, 2020, officers with the City of Lake Charles came in contact with Ray Lawrence, Jr. at 1005 Broad St, Lake Charles, LA 70601. Those same officers, without just cause or provocation from Ray Lawrence, Jr., tased him several times and proceeded to forcefully throw him into the police unit handcuffed and with his feet tied. 6 Ray Lawrence, Jr. was then transferred to the Calcasieu Correctional Center (hereinafter “CCC”) for booking and housing. While at CCC, several employees with the Caleasieu Parish Sheriff's Office and the arresting officers, without cause or provocation from Ray Lawrence, Jr., brutally beat and kicked him. Ray Lawrence, Jr. was then placed in a cell face-down and unconscious. 7. Ray Lawrence, Jr. was alive for several minutes after the assault and battery. Approximately twelve (12) minutes after being placed in his cell, he was found deceased in his ell. 8. Lexus Lawrence, Xavier Lawrence, and Amaya Lawrence are the biological children of Ray Lawrence, Jr. Ray Lawrence, Jr. was never married and has no adopted children, Lexus Lawrence, Xavier Lawrence, and Amaya Lawrence are therefore the sole heirs who may bring, this suit pursuant to La. Civil Code articles 2315.1 and 2315.2. 9. At all relevant times, the officers, deputies, and corporals in this case were acting in the course and scope of their employment with Tony Mancuso, in his capacity as Sheriff of Calcasieu Parish and the City of Lake Charles. Therefore, the Calcasicu Parish Sheriff's Officeand the City of Lake Charles are vicariously liable for all acts of tortuous conduct committed by its employees. Alternatively, the deputies, officers, and corporals were acting in their individual capacities. 10. Police officers owe a duty of reasonableness when affecting an arrest. Kyle v. City of New Orleans, 353 So. 2d 969 (La. 1977); Mathieu v. Imperial Toy Corp. 646 So. 2d 318 (La, 11/3/1994). 1. The defendants in this case acted unreasonably and in reckless disregard to Ray Lawrence, Jr.’s life. 12, : Whether the defendants in this case had reasonable suspicion to detain Ray Lawrence, Jr. or probable cause to arrest him is of no moment, Regardless of whether reasonable suspicion exists to detain or probable cause exists to arrest, the use of excessive force in affecting the arrest becomes an actionable claim for damages. Excessive force transforms ordinarily protected use of force into an actionable battery, rendering the defendant officer and his employer liable for damages. Miller v. Village of Hornbreck, 10-1539 (La. App. 3 Cir. 05/11/11), 65 So. 3d 784. 13. The aforementioned death of Ray Lawrence, Jr. was not caused by any acts of his own, but instead was caused by the intentional acts of the defendants, which include, but is not limited to: a. Assault; b. Battery; c. Punching, kicking, and otherwise beating Ray Lawrence, Jr. when there was no reasonable basis upon which to engage in such force; 4. Excessive force against the person of the deceased; and €. Intentional infliction of emotional distress, £ Any and all other tortuous acts which may be proven at trial of this matter.4 ‘The Caleasieu Parish SherifP's Office and The City of Lake Charles are liable for the acts and omissions of its employees, and the following, including but not limited to: a, Failure to properly train the officers involved in the arrest of Ray Lawrence Jr.; b. Failing to supervise the officers involved in the arrest of Ray Lawrence, Jr. €. Failure to psychologically screen the officers involved in the arrest of Ray Lawrence, Jr. 4d. Failing to prevent their fellow officers from engaging in unnecessary and excessive force on Ray Lawrence, Jr; €. Negligently hiring the officers involved in the arrest of Ray Lawrence, Jr.; and £, Negligent retention of the officers involved in the arrest of Ray Lawrence, Jr. 15. Upon information and belief, prior to his death, Ray Lawrence, Jr. experienced fear, anguish, and physical pain and suffering, for which he would have been entitled to recover damages in a reasonable amount had he survived. Xavier Lawrence, Lexus Lawrence, and Amaya Lawrence are entitled to recover the damages that he would have been entitled to recover had he survived. Ray Lawrence, Jr. also suffered loss of life, for which which Plaintiffs are entitled to recover damages. 16. As a result of the death of Ray Lawrence, Jr., Xavier Lawrence, Lexus Lawrence, and ‘Amaya Lawrence, have and will continue to suffer grief, mental anguish, distress, and irreparable loss of being deprived of his love and affection, for which they are entitled to recover damages in a reasonable amount. Plaintiffs are also entitled to recover damages for funeral expenses for Ray Lawrence, Jt. 17. Plaintiffs” damages exceed the jurisdictional amount necessary for trial by jury. WHEREFORE, Plaintiffs, Xavier Lawrence, Lexus Lawrence, and Twila Woods, as legal tutor of Amaya Lawrence, pray that the defendants, Tony Mancuso in his capacity as Sheriff of Calcasieu Parish and the City of Lake Charles through its Mayor, Nic Hunter, be duly served with a copy of this petition and cited to answer the same, and after the lapse of all legal delays and due proceedings are had, that there be judgment in favor of Plaintiffs, XavierLawrence, Lexus Lawrence, and Twila Woods, as legal tutor of Amaya Lawrence, and against defendants for any and all damages reasonable in the premise, together with interest thereon from date of judicial demand, and all costs of these proceedings. Plaintiffs pray for any and all other relief which the law, equity, or nature of the case may permit. NOTE TO CLERK: Please serve the defendants as follows: Sheriff Tony Mancuso 5400 E. Broad St. Lake Charles, LA 70615 Mayor Nie Hunter City of Lake Charles 326 Pujo Street Lake Charles, LA 70601 Respectfully submitted, TODD CLEMONS & ASSOCIATES A PROFESSIONAL LAW CORPORATION D. MADISON, Bar Reif No. 34795 S. CLEMONS, Bar Roll No. 18168 1740 Ryan Street Lake Charles, LA 70601 PH: (337) 477-0000 FAX: (337) 477-4580