Police Use of Force

In this paper I am going to discuss a case of police brutality that happened here in Louisiana in 1989. This was a case that found that the officer was negligent and did in fact use unnecessary, excessive force. After reading the entire case history, I find it to be a clear example of an officer using poor judgement. I was unable to find any news reports on the case but was able to get access to the court documents from the original trial. This is the story of Mr. Harold LaBouve and his encounter with Louisiana State Trooper Dennis Pellerin.

On August 19,1989, Harold and Helen LaBouve were returning to their home after celebrating their anniversary at Lytles Restaurant in Abbeville, Louisiana. Mr. and Mrs. LaBouve had been married for 50 years and were both in their late 70’s. Their route home took them through Delcambre, Louisiana on Hwy.14. On this same night, Delcambre was celebrating its annual Shrimp Festival. The Louisiana State Police had stationed DUI checkpoints in this area. Trooper Pellerin, being part of the DUI Taskforce, was one of the officers on duty that night.

In the officer’s testimony, he saw the LaBouve’s Lincoln driving erratically, half on the road and half off. After following for about a quarter of a mile, he decided to pull them over. Trooper Pellerin exits his vehicle and asks Mr. LaBouve to exit his. According to Pellerin, Mr. LaBouve was staggering as he walked and continually asked what he was being charged with. The trooper refused to answer Mr. LaBouve’s question and demanded to see his license.

Here is where the versions of the story are different. According to Mr. LaBouve, when he reached in his back pocket to get his wallet, the trooper grabs him, and forces him down on to the hood of the police car, injuring his knees. He said he did curse at the officer, who then spun him around, picked him up and slammed him face-first into the concrete pavement, causing extensive injury to his face. Mr. LaBouve then called out to his wife Hellen, who upon exiting the car, witnessed the officer with his knee in her 76 year- old husband’s back, while trying to handcuff him.

According to Trooper Pellerin, he had obtained Mr. LaBouve’s license, read him his miranda rights, and then asked him if he had been drinking that evening. Mr. LaBouve admitted to having 2 glasses of wine with dinner. Trooper Pellerin asks if Mr. LaBouve would consent to a field sobriety test, to which he declined. Trooper Pellerin then advises Mr. LaBouve he is under arrest, to which Mr. LaBouve apparently says he is not going anywhere with the officer and starts to walk back to his car. At this point, the trooper admits to getting physical. Mr. LaBouve started swinging, so Pellerin put his left arm in a half nelson, but since he could not get control of the right arm he decided to “take him to the ground” (LaBouve v State so2d1187,1993). While trying to implement this technique, Pellerin admits that he and Mr. LaBouve’s feet got tangled up, causing them to fall to the concrete and rocks below, causing lacerations to the elderly man’s face. The Trooper said he never meant to hurt him but needed to get him under control.

Mr. LaBouve ended up with a septal deviation that was caused by his altercation with Pellerin and required surgery to repair it. Mr. LaBouve sued the State of Louisiana and Trooper Pellerin, for violating his civil rights. The Trial Court did find that Pellerin was responsible for causing the injuries because of his method of subduing Mr. LaBouve. He was found negligent in inflicting injury. However, Mr. LaBouve was found 20% at fault for not complying immediately with the trooper.

Without a doubt, I do not think this officer was justified in his actions during this altercation with Mr. LaBouve. “Most state statutes permit officers to use force to defeat attempts to resist arrest. However, in all situations, officers are expected to use only the minimum force needed” (Fagin, 2017, p.138). Mr. LaBouve was a 76 year- old man. There had to be another way to handle this traffic stop. From what is listed in the testimony, it does not seem Trooper Pellerin did anything to deescalate the situation. It also seems that the officer was so concentrated on trying to spot a DUI, that he overlooked other possible explanations for what he had observed with Mr. LaBouve. Mr. LaBouve was an elderly man trying to celebrate 50 years of marriage with his wife Hellen that night. This was certainly going to put a damper on the evening, which would explain Mr. LaBouve’s aggravated attitude.

Also, it was night and Hwy 14 is not the best-lit highway now in 2020, much less back in 1989. I am 51 and have trouble seeing on that road. I believe his age also plays a factor in what Trooper Pellerin observed to be staggering when he first encounters the suspect. Mr. LaBouve was walking, on unstable, gravel and concrete, towards a car with a spotlight shining on him. I do not think he was intoxicated, but just walking like an elderly man trying to walk on gravel, blinded by a spotlight, aggravated that his beautiful night with his wife was being disturbed by this traffic stop.

Now, understanding that what I just stated is pure speculation, the actions Trooper Pellerin took that night are not speculation, but are indeed fact There was no need for this traffic stop to have ended the way that it did. Police departments have a policy called a Use of Force Continuum, (Fagin,2017, p.138). This policy is a guideline for the level of acceptable force to be used during various types of interactions. I believe that the “verbal commands or soft, empty-hand tactics” (Fagin,2017,p.138) would have been enough.

In our textbook, Sir Robert Peel is recognized as being the founder of the first full-time, professional police department. (Fagin,2017,p.139). He wrote a list of Principles of Conduct, of which I’d like to quote number 4, “The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.” (Fagin,2017, p139).

Understanding that police work is dangerous and stressful, I see where an officer may feel it necessary to approach every situation from an offensive standpoint in order to maintain a sense of control. Sometimes, taking a few seconds to calmly assess the situation, instead of jumping to judgment, this would allow all parties involved to remain calm and avoid situations like this.

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