Law Office Sues Sheriff For Arresting a Critic Using a Law Declared Unconstitutional Fifty-Six Years Ago

Our law office was featured today on WWL-TV; read about it here.

The story is about our client Jerry Rogers, a former St. Tammany Parish Sheriff's deputy. He now works as an investigator for the United States Department of Housing and Urban Development, Office of Inspector General.

Starting in 2017, he realized that the St. Tammany Parish Sheriff's Office was mismanaging its investigation into the death of Nanette Krentel. And so Mr. Rogers expressed that opinion privately to the family of Ms. Krentel. 

Sheriff Randy Smith found out about Mr. Rogers' criticism of his office, and decided to arrest him for "criminal defamation." The St. Tammany Parish District Attorney’s Office's office told the Sheriff's office that the that Louisiana’s criminal defamation law had been declared unconstitutional as to public officials more than a half century ago by the U.S. and Louisiana Supreme Courts. 

But Sheriff Smith ordered that Jerry Rogers be arrested for criminal defamation anyway. On September 16, 2019, sheriffs deputies arrested Mr. Rogers,and booked him with criminal defamation. Jerry Rogers posted $3,500 bail on the same day, and was released.

Sheriff Smith knew that what he was doing was illegal. In a October 28, 2019, press release, he stated that “[r]egarding the constitutionality of the LSA-14:47, the statue [sic] that Mr. Rogers was charged with violating, I am aware that some courts have ruled that the statute may be unconstitutional insofar as it relates to any public expressions about public officials.”

On January 8, 2019, the Louisiana Department of Justice dropped all charges against Mr. Rogers, explaining that the criminal defamation law is "unconstitutional insofar as it applies to statements made in reference to public figures engaged in public affairs" and so "this office is precluded by law from moving forward with any criminal action."

Today, we filed suit on behalf of Mr. Rogers in a federal civil rights lawsuit against Sheriff Smith and two other STPSO officers. The lawsuit seeks damages, punitive damages, attorneys fees, and a declaration that Sheriff Smith's actions were unconstitutional.