NEW ORLEANS — A settlement has been reached between the American Civil Liberties Union of Louisiana Justice Lab client Ms. Jacinta Danks, the City of Kenner, Louisiana, and Mr. Chase Lawler, a Kenner Police Department officer. The case is part of the Justice Lab’s broader effort to end discriminatory and violent policing against people of color. Since 2020, Justice Lab has successfully settled more than a dozen lawsuits, scored more than a handful of wins at the United States Court of Appeals for the Fifth Circuit, and tallied up both trial and offer of judgment victories in pursuit of equity and systemic change in policing practices.
Ms. Danks alleged that on October 10, 2020, she was in the passenger seat of a car being driven by her brother, reminiscing after the recent passing of their younger sibling, when a Kenner police officer pulled them over for a traffic violation. While the police engaged with her brother outside the car, Ms. Danks remained in the passenger seat with her hands visible. Despite this, officers violently pulled her from the car and threw her to the ground. Ms. Danks claimed Officer Lawler then stepped on her back, pinning her to the pavement while she was face down.
The case underwent nearly three years of intense litigation in the Eastern District of Louisiana, surviving a motion to dismiss and multiple motions for summary judgment, prior to reaching a settlement just before the trial was set to start. Preceding the settlement, the court issued a rare decision allowing a Monell “failure to train” claim against the City of Kenner to proceed to trial. The court’s ruling noted that the Kenner Police Department had documented numerous citizen-initiated use of force complaints over a five-year period. The court also found that the Kenner Police Department’s “troublesome record keeping and pattern of surface-level-only investigations” may undermine the department’s argument that it did not condone or have knowledge of excessive force practices.
“This litigation and settlement wouldn’t have happened without the bravery of Ms. Danks and the support of our pro bono partners Wilson Sonsini and Barrasso Usdin Kupperman Freeman & Sarver. We are grateful for their work and strength,” said Nora Ahmed, ACLU of Louisiana legal director.
“We are honored to have stood by Ms. Danks in this matter, thankful for the court’s time and attention, and inspired by the expertise and dedication of our co-counsel, as well as the innovative and vital work of the Justice Lab initiative by the ACLU of Louisiana,” said Luke Liss, Wilson Sonsini Pro Bono Partner. “We are also deeply grateful to our community at Wilson Sonsini for supporting justice and equity via our pro bono work.”
The ACLU Justice Lab initiative is dedicated to holding law enforcement agencies accountable through high-impact lawsuits. With a history of over 50 cases across Louisiana, including Danks v. Grayson et. al., the Justice Lab works to challenge and address civil rights violations, striving to create a more just and equitable legal system. For more information, visit aclujusticelab.org.
