Judge dismisses part of suit over post-hurricane bridge blockade
/By MARY FOSTER, Associated Press Writer
Jefferson Parish authorities did not violate the constitutional right to travel of people who were not allowed to cross the Mississippi River Bridge as they tried to escape New Orleans in the days following Hurricane Katrina, a federal judge ruled in a civil lawsuit.
U.S. District Judge Mary Ann Vial Lemmon's ruling came in a lawsuit filed by two of the hundreds of people who were not allowed to cross.
"Although the right to interstate travel is clearly established by our jurisprudence, the United States Supreme Court has not decided the question of whether the Constitution protects a right to intrastate travel," Lemmon wrote in the decision.
The question of whether the defendants' alleged conduct was proper or an exercise of good judgment is not before the court, Lemmon wrote.
Trial on the remaining issues in the Dickerson's case including whether police used excessive force and whether the Dickerson's freedom-of-assembly and equal protection rights were violated is set for Jan. 22, 2008.
The incident sparked outrage among civil rights leaders and led to an investigation by Louisiana Attorney General Charles Foti, who publicly confirmed that warning shots were fired over the heads of the crowd. Foti's report on the incident was turned over to the New Orleans district attorney last year. So far, no charges have been filed.
Lemmon's ruling, made public Tuesday, also denied class action status for the lawsuit filed by Tracy and Dorothy Dickerson of New Orleans. The two had hoped to represent hundreds who were blocked from crossing the bridge from New Orleans into suburban Jefferson Parish. But Lemmon ruled that they waited more than 90 days after filing the suit to seek class-action status, violating a legal time limit.
"The court has clearly determined that what the city of Gretna did was not a violation of their constitutional rights," said Franz Ziblich, Gretna's attorney. "They could not violate a right they did not have."
Lemmon noted in her ruling that another federal suit is pending in the case and the plaintiffs in that lawsuit filed a request for class-action status within the proper time frame.
Ziblich, however, said he will seek to have that suit dismissed.
"It's my intent to file several motions including one to dismiss the companion case in its entirety," Ziblich said. "It's apparent that the other suit was filed only to thwart the fact that the deadline for filing for class action had passed in this one."
Attorneys for the Dickersons did not return phone calls on Tuesday.
Defendants in the Dickerson case are the city of Gretna, its police department, Chief Arthur Lawson and the Jefferson Parish Sheriff's Office and Sheriff Harry Lee. The lawsuit, filed Dec. 22, 2005, claims the defendants refused to allow the couple to evacuate from New Orleans through Gretna after Hurricane Katrina. It seeks unspecified damages.
