ce pa we XAVIER LAWRENCE, LEXUS : 14" JUDICIAL DISTRICT COURT LAWRENCE , and AMAYA LAWRENCE through her legal guardian, TWILA WOODS VS. NO. 2021-4208, DIV, “B” : PARISH OF CALCASIEU TONY MANCUSO in his capacity : STATE OF LOUISIANA As Sheriff of Calcasicu Parish and CITY OF LAKE CHARLES => Soe - riven: we t stu & PF CLERK OF GOURT ss 1 cone = o ANSWER TO PETITION FOR DAMAGES: Y ¢ NOW INTO COURT, through undersigned counsel, comes Defendant, TONY QV MANCUSO in his capacity as Sheriff of CaloaSieu Parish (“Mancuso”) in his capacity as Sheriff of Calcasieu Parish, who respectfully responds to the Petition for Damages, filed by Plaintiffs, XAVIER LAWRENCE, LEXUS LAWRENCE, and AMAYA LAWRENCE, through her legal guardian, TWILA WOODS, as follows: i: The allegations of Paragraph 1 do not require an answer by Mancuso; however, to the extent an answer by Mancuso is deemed necessary, the allegations are denied for lack of knowledge or information sufficient to justify a belief therein 2. ‘The allegations of Paragraph 2 of the Petition are denied 3 The allegations of Paragraph 3 of the Petition are denied. 4, Itis admitted that the Caleasieu Parish Sheriff's Office has refused to disclose information pertaining to the arrest and detention of Ray Lawrence, Jr., based on the position that a criminal investigation is still pending. The remaining allegations of Paragraph 4 of the Petition are denied for lack of knowledge or information sufficient to justify a belief therein. uo Fling Dawe 10/19/2021 1200 aNd Page Cou? (Cee Nees 2121-008 ‘Bosunet Nae ANSWER5 ‘The allegations of Paragraph 5 of the Petition are denied for lack of knowledge or information sufficient to justify a belief therein. 6 It is admitted that Ray Lawrence, Jr. was transferred to the Calcasieu Correctional Center for booking and housing. The remaining allegations of Paragraph 6 are denied. 7. ‘The allegations of Paragraph 7 of the Petition are denied. 8. ‘The allegations in Paragraph 8 with regard to La. Civil Code articles 2315.1 and 2315.2 thereof are legal conclusions and do not require a response. The remaining allegations of Paragraph 8 of the Petition are denied for lack of knowledge or information sufficient to justify a belief therein, £ ‘The allegations of Paragraph 9 of the Petition are denied as written. Paragraph 9 does not identify the names of the officers, deputies and corporals allegedly employed by Mancuso. ‘Therefore, Mancuso cannot accurately determine any individual was acting in the course and scope of their employment, or in their individual capacities. 10. ‘The allegations in Paragraph 10 call for legal conclusions and do not require a response. Further, Calcasieu Parish Sheriff's Office was not the arresting agency. Further, the proper legal standard for a police officer's duty under Kyle v. City of New Orleans, 335 So.2d 969 (La. 1977) and Mathieu v. Imperial Toy Corp., 646 So.2d 318 (La. 11/3/1994) is one of reasonableness under totality of the circumstances. MW ‘The allegations in Paragraph 11 are denied.12. Insofar as Paragraph 12 alleges use of excessive force by Mancuso and/or employees of the Calcasieu Parish Sheriff's Office, those allegations are denied. The remaining allegations in Paragraph 12 call for legal conclusions to be determine by the trier of fact and do not require a response. 13. The allegations in Paragraph 13 are denied. 14, ‘The allegations in Paragraph 14 are denied. 15. ‘The allegations of Paragraph 15 are denied. 16. ‘The allegations in Paragraph 16 are denied. 1 ‘The allegations in Paragraph 17 are denied. AND NOW, FURTHER answering the Petition, Mancuso affirmatively avers: 18, ‘The Petition for Damages fails, in whole or in part, to state a claim upon which relief can be granted 19. Mancuso and employees of the Calcasieu Parish SherifP's Office did nothing to constitute a violation of any federal or state constitutional or statutory right. 20. Mancuso and employees of the Calcasieu Parish Sheriff's Office’ actions were at all relevant times taken in good faith and for legitimate purposes.21. ‘The actions of Mancuso and employees of the Caleasieu Parish Sheriff's Office were at all relevant times within the realm of reasonable responses to the circumstances with which they were confronted. 22, Mancuso and employees of the Calcasicu Parish Sheriff's Office were at all relevant times acting in accordance with accepted policies and procedures of the Calcasieu Parish Sheriff's Office. 23. Mancuso and employees of the Calcasieu Parish Sheriff's Office were at all relevant times acting in accordance with their training, 24, Mancuso is entitled to and protected by the doctrine of qualified immunity and/or any other applicable immunity and/or privilege recognized by State and/or Federal law. 25. Plaintiffs have incurred no actual damages and/or are not entitled to recover statutory Gamages. 26. ‘Any damage that Plaintiffs may have incurred are the sole result of acts or omissions of parties other than Mancuso and employees of the Calcasieu Parish Sheriff's Office and for which ‘Mancuso is not legally responsible, In the alternative, any acts or omissions of parties other than Mancuso and employees of the Calcasieu Parish Sheriff's Office and for which Mancuso is not legally responsible should be considered as comparative fault for which Mancuso’s fault, if any, shall be reduced. n. Plaintiffs failed to mitigate their damages.28, Mancuso and employees of the Calcasieu Parish Sheriff's Office did nothing to constitute a violation of any federal or state law. 29. Plaintiffs have no cause of action against Mancuso. 30. Mancuso affirmatively pleads the statutory limitations provided in La. R.S. 13:5106, 31. Alternatively, Mancuso asserts that the sole cause or alternatively, contributing cause of Ray Lawrence, Jr.’s alleged injuries and death, was the carelessness, negligence and fault of Ray Lawrence, Jr., which is pled as a complete bar to recovery of a partial bar to recovery by Plaintiffs. 32. It is affirmatively averred that Plaintiffs have or may have received payment of medical expenses under & policy or policies of health, accident, or medical and/or hospitalization insurance, Medicare or Medicaid benefits, and/or Charity Hospital, and has subrogated their rights and/or claims for payment of said expenses to the person, firm, corporation, or entity issuing said policy or benefits, and therefore, has no right of action against Mancuso herein for the amounts paid. 33. To the extent that Plaintifis’ damages are related to, or consisting of pre-existing or subsequent injuries and/or conditions not caused by the alleged acts or omissions of Mancuso, any recovery prayed for by Plaintifis should be denied. 34, Plaintiffs’ recovery of special damages is limited to those actually paid by or on behalf of Plaintiffs. See, e.g., Bozeman v. Louisiana, 879 So. 2d 692 (La 7/2/04) (holding the portion of the medical bills which healthcare providers write off when accepting Medicaid as a payment in full is not recoverable against the tortfeasor).35. ‘To the extent any damages are awarded to Plaintiffs, Mancuso is entitled to an offset for any benefits paid to or on behalf of the plaintiff by any agency of the United States, or through any state agency which receives funds from the United States of America, including, but not limited to provision of services or payments of benefits and/or expenses to Plaintiffs through Medicare, Medicaid, the Social Security Administration, or any other applicable insurance. 36. ‘The lack of or a diminished relationship between Plaintiffs and Ray Lawrence, Jr. bars any recovery herein or alternatively, acts as a diminution to any damages. 37. Further answering, Mancuso herein requests that this matter be tried by a jury. 38. Mancuso reserves the right to plead additional defenses and/or to otherwise supplement this Answer based upon facts that may subsequently become known during the course of this case. WHEREFORE, Defendant, TONY MANCUSO in his capacity as Sheriff of Calcasieu Parish, respectfully prays: I. After due proceedings had, that the Petition filed herein by XAVIER LAWRENCE, LEXUS LAWRENCE, and AMAYA LAWRENCE, through her legal guardian, TWILA WOODS, should be dismissed, with prejudice; IL That this matter be tried by a jury; and TL, Forany and all other relief to which defendants are justly and equitably entitled.Respectfully submitted, MUDD BRUCHHAUS: 422 E. College Street,Suite B Lake Charles, Louisiana 70605 Telephone: (337)562-2327 Facsimile: (337)562-2391 Email: jgarv@mbKlaw.net dbruchhaus@mbklaw.net cmudd@mbklaw.net Defendant, TONY MANCUSO in his capacity as Sheriff of Calcasieu Parish CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been served on all parties by electronic mail and/or regular mail. Lake Charles, Calcasieu Parish, Louisiana this 19" day of October 2021.