Louisiana
More child abuse victims can sue after Louisiana Supreme Court reversal • Louisiana Illuminator
Adults abused as children decades ago will be able to sue over the mistreatment under a Louisiana Supreme Court ruling released Wednesday.
Justices overturned their decision from March that declared a “lookback window” for lawsuits over older child abuse allegations unconstitutional. Now such cases can move forward.
The new ruling likely creates greater liability for the Catholic Church and other organizations accused of systemic child exploitation over decades. It could also affect individual schools, summer camps and other institutions that tolerated misconduct toward minors.
“I am thankful that the Court saw the error in its original opinion and was willing to reconsider this matter and find the Lookback Window to be constitutional,” Frank Lamothe, a New Orleans attorney who represents child abuse survivors in lawsuits against the Catholic Church, said in a written statement. “This is a victory for the survivors of child sex abuse.”
The court’s change of heart is also a political victory for Attorney General Liz Murrill, who put the justices under public pressure to reconsider the initial ruling. In April, she asked for a rehearing on the issue.
“These child victims of sexual abuse deserve their day in court,” Murrill said in a written statement Wednesday after the new ruling. “It’s very rare for the Supreme Court to grant rehearing and reverse itself. I’m grateful to the Court for giving such careful attention to an issue that is so deeply troubling and personal for so many victims of abuse.”
A case brought against the Catholic Diocese of Lafayette led to the justices’ ruling. A group of plaintiffs sued over alleged abuse at the hands of a priest in the 1970s. The diocese maintained the accusations were too old to be pursued.
The Legislature voted in 2021 to let adult survivors of child abuse file claims for damages for three years — from June 14, 2021 to June 14, 2024 — if the deadline to do so had previously expired.
This was expected to allow people abused prior to the early 1990s, but who had never come forward with a legal challenge, to do so.
The Lafayette diocese pushed back on the law, saying legislators never intended to allow old allegations dating back to the 1970s to be examined. They also argued allowing older accusations to come forward would be a violation of due process, because witnesses and documents related to abuse claims might longer be available.
The Legislature disagreed. It unanimously passed a clarifying law in 2022, stating its intent to allow for civil lawsuits over decades-old abuse. Earlier this year, lawmakers also unanimously approved a resolution, sent to each Supreme Court justice, restating their desire to see older abuse allegations be brought forward in court.
In the ruling released Wednesday, justices writing for the majority acknowledged as much.
“[T]he conclusion is unassailable: the legislature intended retroactive application of the law,” Chief Justice John Weimer said in his opinion.
Weimer also agreed with the lawmakers’ reasoning for establishing a three-year lookback period. Many victims take years to come to terms with their mistreatment as youth.
“Child sexual abuse is a unique tort in which the average victim does not come forward until they are 52 years old,” Weimer wrote. “For many victims of child sexual abuse, the revival provision represents their first and only opportunity to bring suit. Providing that opportunity to those victims is a legitimate legislative purpose.”
Justices Weimer, John Crain and Jay McCallum voted in favor of upholding the lookback window twice, in March and this week. Justices Scott Crichton and Piper Griffin reversed themselves, initially throwing out the lookback period in March but voting to reinstate it this week.
Justices James Genovese and Jeff Hughes opposed the lookback window both times, saying the Legislature was overstepping its bounds by passing the law.
“I am very concerned about this majority ruling on rehearing granting unbridled authority to the legislature to enact legislation which supersedes and tramples our constitution,” Genovese wrote.
The confusion over the 2021 law prompted the Legislature to make yet another legal change this year. Last month, they unanimously passed an extension to the lookback window, which will allow abuse survivors to file lawsuits until June 14, 2027.
Advocates for child abuse victims said some people have held back on filing lawsuits while the court deliberated whether the lookback period would stand.
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Louisiana State Police released updated information regarding an officer-involved shooting March 5 in Ascension Parish.
According to an LSP news release, the preliminary investigation found that a Gonzales Police Department officer conducted a traffic stop at around 10:45 p.m. near the intersection of South John Street and Orice Roth Road.
In the release, LSP identified the driver of the vehicle as 21-year-old Anthony Talbert of Baton Rouge, who was accompanied by a female passenger.
During the stop, Talbert allegedly reached toward a firearm that was inside the vehicle, per the release.
The officer responded by discharging a department-issued firearm one time, which grazed both Talbert and the unidentified female, the release continued.
According to police, Talbert then fled the scene, exceeding 100 miles per hour and disregarding multiple traffic controls.
Troopers reported Talbert was taken into custody following a short pursuit.
He was booked into the Ascension Parish Jail on charges of aggravated flight, reckless operation, obstruction of justice and possession of a firearm in the commission of a felony, police said in the release.
Per troopers, the female was transported to a hospital and was treated for minor injuries.
LSP’s initial news release reported no officers were injured.
According to police, the investigation remained active and further information would be released as available.
Michael Tortorich is a journalist for the USA Today Network in Louisiana.
Gonzales Weekly Citizen and Donaldsonville Chief, part of the USA Today Network of Louisiana, cover Ascension Parish and the greater Baton Rouge area. Follow at facebook.com/WeeklyCitizen and facebook.com/DonaldsonvilleChief.
Louisiana’s ‘largest’ ever earthquake rattles home security camera
A security camera captured the moment a 4.9-magnitude earthquake shook homes in northwest Louisiana.
Thursday’s earthquake that shook furniture and rattled pipes in the Shreveport region may have some property owners wondering whether they should consider buying insurance to cover them from potential stronger movement in the future.
The 4.9 magnitude earthquake that struck just north of Coushatta at 5:30 a.m. March 5 was the strongest onshore event in Louisiana history.
No structural damage has been reported from Thursday’s earthquake so far, but the strength of the movement may have been enough to raise concern.
“If people are concerned they should call their insurance agent and explore pricing and options,” Louisiana Insurance Commissioner Tim Temple said in an interview with USA Today Network.
“It’s not an issue that has come up often in Louisiana, but if coverage can alleviate anxiety and risk it’s absolutely something homeowners and property owners should consult their agent about,” he said.
Earth movement or subsidence insurance is generally excluded from homeowners’ policies, as is flood insurance, but property owners can secure the coverage through their insurers as an add-on, called an endorsement.
Eugene Montgomery, owner of Community Financial Insurance Center in northern Louisiana, said a subsidence endorsement to cover earthquake damage would generally be inexpensive in Louisiana because of the low risk.
“The coverage itself is inexpensive, but the deductible would be high,” Montgomery told USA Today Network.
That’s the case for one Shreveport homeowner who asked not to be identified. The homeowner secured a subsidence endorsement following Thursday’s earthquake that cost $120 per year after discounts with a 10% deductible.
Republican state Sen. Adam Bass, who also operates an Allstate agency in Bossier, said most people won’t buy an add-on that’s not required by their mortgage holders no matter how inexpensive it is.
Bass said he hasn’t had any inquiries about earth movement insurance during his career.
But Montgomery said he remembers a temporary spike in those policies in 1990 when climatologist Iben Brown predicted a major earthquake would strike the New Madrid Fault in Missouri on Dec. 3 of that year, a forecast that flopped.
“It really created a little bit of a panic,” Montgomery said. “Everybody wanted insurance for a short period of time.”
Montgomery doesn’t expect a similar run on earthquake after Thursday’s event, but said he won’t be surprised if some level of interest increases.
“When people can actually feel the earth moving it gets their attention,” he said.
Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.
WASHINGTON (WAFB) — President Donald Trump has removed Kristi Noem as secretary of the Department of Homeland Security and nominated Sen. Markwayne Mullin to replace her. Noem will take on the role of Special Envoy for the Shield of the Americas. Members of Louisiana’s congressional delegation responded to the change in leadership.
Kennedy clash preceded removal
Noem led DHS since the beginning of Trump’s second term. One of the most noted controversies of her tenure was the department’s spending of $220 million on television ads across the country, which drew scrutiny from Sen. John Kennedy during a committee hearing.
“Did the President know you were going to do this?” Kennedy asked during the hearing.
“Yes,” Noem replied.
Kennedy said the spending and other issues had weighed on him.
“You just add all of this up and the other turmoil and it’s been stuck in my craw,” Kennedy said. “I want to secure the border and I want to enforce our immigration laws, but I’m tired of trying to explain behavior that is inexplicable to me.”
Louisiana delegation reacts
Congressman Cleo Fields wrote on X that Noem “was not qualified to lead one of the most critical agencies in our federal government, and her tenure made it clear that she was not the right person for this role,” adding that “there is far too much at stake for anything less than exemplary leadership.”
Congressman Troy Carter, who held a congressional hearing in New Orleans regarding DHS issues, said that under Noem’s leadership, DHS and ICE “repeatedly carried out aggressive immigration operations without proper coordination with local leaders, disregarded due process, and created fear and instability in communities that deserve respect and protection under the law.”
Sen. Bill Cassidy said on social media that “securing the border is one of President Trump’s greatest achievements” and that he looks forward “to continue that success and ensure FEMA delivers for Louisiana families.”
As with all cabinet positions, Mullin will need to go through Senate confirmation to gain the cabinet seat. It is unclear when confirmation hearings will take place.
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