Elmore County Deputy Sheriff Richard T. Brouillard allegedly added STD to urine sample
Case: LOVEJOY v. ELMORE COUNTY, Case No. 2:12-CV-91-WKW (M.D. Alabama, November 1, 2012)
In January 2011, the Elmore Community Hospital reported the sad fact that the urine sample of an eight-year-old girl, “DB,” tested positive for the sexually transmitted disease (STD) Trichomoniasis.1 The Elmore County Sheriff’s Office was contacted, and Deputy Brouillard began a criminal investigation.
Plaintiff Edward W. Lovejoy, DB’s stepfather, tested positive for Trichomoniasis on February 16, 2011. The facts surrounding this positive test result form the basis for Mr. Lovejoy’s complaint: He alleges Deputy Brouillard remained in the bathroom with the urine sample for several minutes and compromised it so that Mr. Lovejoy would test positive for the disease.
The next day Deputy Brouillard detained Mr. Lovejoy at the Elmore County Sheriff’s office. Mr. Lovejoy claims Deputy Brouillard failed to read him his Miranda rights, and chose to arrest him for “anything he could think to charge him with.” Deputy Brouillard did not test any of the other several men with whom DB interacted, nor did Deputy Brouillard speak with DB’s mother.
Mr. Lovejoy spent twenty-seven days in the Elmore County Jail after he was charged with sexual abuse of a child less than twelve years old . . . The grand jury did not indict him because DB did not admit Mr. Lovejoy sexually abused her.
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1. “Trichomoniasis is the most common curable STD known at this time.”