Gibson Dunn and Barrasso Usdin File Civil Rights Lawsuit to Secure Constitutional Rights of Young Woman Incarcerated for Over Six Months Despite Never Being Charged With a Crime
25 Abril 2024 - 9:00AM
Business Wire
Lawsuit filed in the U.S. District Court for the Western
District of Louisiana in response to Louisiana District Attorney’s
Office’s unconstitutional incarceration of innocent witness for
more than six months in flagrant disregard of her constitutional
rights.
Gibson, Dunn & Crutcher LLP and Barrasso Usdin Kupperman
Freeman & Sarver, LLC announce the filing of a civil rights
action on behalf of Tayjha Alfred against Martin Bofill (“Bo”)
Duhé, the District Attorney for the 16th Judicial District of
Louisiana, and Assistant District Attorney Alister Charrier to seek
damages and injunctive relief for the severe pain and suffering she
has endured, as well as to ensure that Duhé and Charrier do not
continue abusing the criminal justice system to imprison other
innocent people like Ms. Alfred in the future.
For more than six months in 2023, Ms. Alfred languished in the
Iberia Parish Jail in the State of Louisiana. Ms. Alfred had not
been charged with committing any crime, nor was she a suspect.
Instead, Ms. Alfred’s only connection to the crime that would keep
her jailed for six months was that she happened to be in the
vicinity of the area that later became the scene of a murder. Ms.
Alfred cooperated with the investigation of the crime—in fact, she
voluntarily spoke to police multiple times. She had not witnessed
the crime, but she was willing to testify at trial, if needed. The
prosecutors knew where to find her: she was working out of state as
a traveling nurse during the COVID-19 Pandemic.
But instead of just subpoenaing Ms. Alfred as a witness, the
Defendants in this lawsuit jailed her under Louisiana’s
material-witness statute, which permits a witness in a criminal
case to be jailed if her testimony is “essential to the prosecution
or the defense” and when the prosecution shows “that it may become
impracticable to secure the presence of the person by subpoena.”
La. Rev. Stat. § 15:257.
Once Ms. Alfred was incarcerated, she was never appointed
counsel, as every accused criminal defendant receives upon arrest,
nor was she provided with an appearance bond, as the statute
requires.
The United States and Louisiana Constitutions and basic
principles of human decency mandate that an innocent person should
not be incarcerated unless it is necessary to secure her appearance
at trial, and never for an indefinite or prolonged period of time
without bond or appointed counsel. Duhé and Charrier violated that
mandate when they put Ms. Alfred, a witness who was willing to
testify voluntarily, in jail for more than six months
unnecessarily. Unfortunately, Ms. Alfred’s story is not unique—what
happened to her represents one instance from a significant pattern
and practice in Mr. Duhé’s office of unconstitutionally
incarcerating material witnesses in violation of their
constitutional rights.
Katherine Marquart, partner and chair of Gibson Dunn’s pro bono
program, stated: “Gibson Dunn is committed to standing up for equal
justice under the law, and today we stand beside Tayjha Alfred in
demanding accountability for the constitutional violations she
suffered at the hands of the prosecutors who capriciously and
cruelly stole six months of her life. Ms. Alfred is a bright,
determined, and kind woman who had her liberty ripped away from her
after simply being near the scene of a crime before a crime
occurred. Never a suspect and always cooperative, she nevertheless
endured what can only be described as a dystopian nightmare of
unnecessary, unconstitutional, and life altering incarceration. As
a result, she lost her job and the opportunity to continue to
advance her nursing career, support her family, and build her own
life. We are proud to represent Ms. Alfred, and to work to help
ensure that nothing like this happens to anyone else.”
Chloé Chetta of Barrasso Usdin also said: “It is an honor to
represent Tayjha Alfred. She is a kind and compelling young woman
who was working to improve her education and career while providing
for her family when she was wrongly incarcerated. I’m proud of
Tayjha for standing up for herself and others who get swept into
our criminal justice system without the knowledge or resources to
fight unfairness. As someone born and raised in Louisiana, and
forever committed to showing others what a great place Louisiana is
to live, work, and play, it hurts to know that folks like Tayjha
often suffer unfairness and mistreatment at the hands of public
officials. I look forward to working with the Gibson Dunn team to
right these wrongs and am grateful for their partnership on this
case.”
The Amended Complaint is available here: Tayjha Alfred v. Martin
Bofill (“Bo”) Duhé, in his individual capacity and in his official
capacity as the 16th Judicial District Attorney; and Alister
Charrier, in her individual capacity.
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Chloé M. Chetta Barrasso Usdin Kupperman Freeman & Sarver,
L.L.C. 909 Poydras Street, Suite 2350, New Orleans, LA (504)
589-9731
Katherine Marquart Gibson Dunn & Crutcher, LLP 333 S. Grand
Avenue, Los Angeles, CA (213) 229-7475
Pearl Piatt Chief Communications Officer Gibson Dunn &
Crutcher, LLP 333 S. Grand Avenue, Los Angeles, CA (213)
229-7963