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later, Allemang’s urinalysis results reported no vicarious liability claims; and (iii) Allemang’s
intoxicating drugs in his system when he was defamation claim. Allemang sought to appeal
arrested. On February 1, 2016, the Calcasieu immediately, but we dismissed the appeal for
Parish District Attorney rejected Allemang’s lack of jurisdiction given that Allemang’s
DWI charge. official-capacity claim and several state tort
claims remained pending. Some evidentiary
Allemang filed an administrative complaint with wrangling followed the defendants’ second
the Louisiana State Police, alleging that he had motion for summary judgment on Allemang’s
been improperly arrested. An internal remaining claims, with Allemang seeking to
investigation showed that Rogers’ dashboard either depose more troopers or to admit
camera did not capture the sobriety tests due to affidavits from two retired State Police
condensation on Rogers’ windshield. Rogers’ supervisors. The district court struck those
body camera also did not record any audio of affidavits for, among other reasons, lack of
the tests or arrest, although Rogers would later relevancy. The district court then granted the
state that his camera was functioning properly defendants’ second summary judgment motion
and did not know “why the audio did not and dismissed Allemang’s remaining claims
record.” The State closed Allemang’s complaint, with prejudice. This appeal followed. We have
concluding that that Allemang’s allegations jurisdiction over this appeal from a final
were “unfounded.” Allemang then filed this suit judgment under 28 U.S.C. § 1291.
against Rogers and the “State of Louisiana
Through the Department of Public Safety” in Allemang presents three overarching issues for
August 2016. Healleged that Rogers violated his our review. First, he asserts that the district court
due process and privacy rights under the wrongly concluded that Rogers had reasonable
Louisiana Constitution, as well as “other rights suspicion to conduct the SFST or probable
provided by Louisiana law and the United States cause to arrest Allemang. Second, he says that
Constitution.” He later filed supplemental the district court erred in dismissing his “Monell
petition alleging that Rogers is individually and Louisiana negligent training/supervision
liable, as well as more clearly asserting liability claims.” Third, he argues that the district
wrongful arrest in violation of his Fourth and court erred in striking the affidavits from the
Fourteenth Amendment rights. The defendants retired State Troopers. We start with the most
then removed the case to the Western District crucial question: whether Rogers violated
of Louisiana. Rogers asserted qualified Allemang’s constitutional rights by subjecting
immunity in his answer to Allemang’s him to a SFST and then by arresting him despite
complaint, but the State’s private counsel did Allemang’s explanation for his deficient SFST
not assert Eleventh Amendment immunity or performance and clean Breathalyzer. The
argue that the State could not be sued under 42 constitutional tort of false arrest requires a
U.S.C. § 1983. The defendants then moved to showing of no probable cause. “The Supreme
dismiss under rule 12(b)(6). After Rogers’ Court has defined probable cause as the ‘facts
deposition, the parties asked the district court and circumstances within the officer’s
to convert that motion to one for summary knowledge that are sufficient to warrant a
judgment. On a magistrate judge’s prudent person, or one of reasonable caution,
recommendation and over Allemang’s in believing, in the circumstances shown, that
objections, the district court entered summary the suspect has committed, is committing, or is
judgment on: (i) Allemang’s individual-capacity about to commit an offense.’” The facts must
claim against Rogers, finding that Rogers was be known to the officer at the time of the arrest;
entitled to qualified immunity; (ii) Allemang’s post-hoc justifications based on facts later
May/June 2024 www.texaspoliceassociation.com • (512) 458-3140 31
