ACLU Sues City of New
Orleans and Chief Riley on Behalf of Business Manager Brutalized by Out of
Control NOPD Officers
For release June 13, 2007
NEW ORLEANS--The American Civil
Liberties Union filed a federal lawsuit today on behalf of a Central City
businessman Steven Elloie, who was brutally beaten up, tasered twice with up to
50,000 volts of electricity while handcuffed and lying on the ground, falsely
arrested on trumped up charges and eventually cleared of the accusation. A complaint with the Public Integrity
Bureau (PIB) or internal affairs was given short shrift and appeared to be a
part of a conspiracy at the highest levels to protect the offending officers.
“We all want the police to
effectively fight crime, but they must do so within the rule of law,” said Katie
Schwartzmann, Staff Attorney, ACLU of Louisiana. “This case illustrates official
lawlessness, which led to a malicious prosecution and violation of Mr. Elloie’s
constitutional rights. It also appears that an official cover up took place to
protect the offending officers and keep the truth from ever seeing the light of
day.”
The incident
in question took place on the evening of June 23, 2006, at the Sportsman’s
Corner on
Elloie heard the commotion and
came out to investigate. As
manager, he offered to assist the officers, who said, “We don’t give a fuck who
you are,” or words to that effect.
Four or five officers converged on him, threw him against a wall and
severely beat him to the floor, where the beating and kicking continued. Still on the floor, officers handcuffed
him and proceeded to taser him with two high voltage jolts from an electric stun
gun, which rendered him incapable of walking. Then one officer instructed the others
to, “Drag his motherfucking ass out of here,” or words to that effect, and they
proceeded to drag him to the police car.
Despite knowing Elloie’s physical
condition from the beating and the taser shocks, along with his hypertension,
the officers took him directly to Orleans Parish Prison, which refused
admittance due to his injured state.
He was taken to
Upon return to Orleans Parish
Prison, Elloie was charged with resisting arrest and battery on Officer
Baldassaro. He was arraigned on
June 24, 2006, and pled not guilty on June 26, 2006. After the Defendant officers, including
the allegedly battered Baldassaro, failed to appear before the court for the
third time, the charges against Plaintiff were finally dropped, on March 8,
2007.
In mid-July 2006, Elloie filed a complaint with the Defendant New Orleans Police Department's Public Integrity Bureau (PIB). This report was ultimately classified as “not sustained,” despite the fact that Elloie had a roomful of witnesses, all of whom corroborated his complaint. The foot dragging and manner in which the PIB dealt with the complaint make the process appear as a sham and discourages people from reporting abuse. Also, it raises serious questions about whether any effective oversight of the police exists in this city.
After the brutal treatment at the
hands of NOPD officers, Elloie sustained serious injuries, including a black
eye, deep bruises on his wrists from being dragged by the handcuffs, black marks
on his body from being dragged, and bruises and abrasions of varying severity,
were plainly visible when he was released from jail the next day. His wrists were severely swollen, and he
continues to require medical treatment for his injuries and continues to
experience numbness and pain in his arm and pain in his back. Elloie incurred significant medical
expenses in treating his injuries.
“Police Chief Warren Riley knew
or should have known that calling for aggressive or proactive policing would
give a green light to some officers to stop and question people without probable
cause, and abuse, insult, and falsely arrest people on phony charges,” according
to Joe Cook, Executive Director, ACLU of Louisiana. “The City of
See attached complaint at www.laaclu.org/PDF_documents/Elloie_Complaint.pdf