Police, The Fourth Amendment, Qualified Immunity

Elmore County Deputy Sheriff Richard T. Brouillard allegedly added STD to urine sample

with one comment

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.
. . .
1. “Trichomoniasis is the most common curable STD known at this time.”

Written by Burgers Allday

November 10, 2012 at 5:37 am

Posted in Uncategorized

One Response

Subscribe to comments with RSS.

  1. Let’s face it. Sex is a fact of life. But today’s increasing sexual liberation and tolerance have resulted in unconventional practices and encouraged sexual orientations that were once considered taboo to be accepted by quite a number of people. Without passing judgement to those individuals who prefer to experiment in their sexual affairs, this liberal attitude and behavior could lead to serious consequences if parameters to a pleasurable and safe sexual activities are not observed and met. The same is also true with the general public who lacks proper understanding and appreciation of sexual health issues and standards which could lead to neglect of their partners’ sexual rights.`

    Our very own web blog

    Pansy Jeffs

    February 6, 2013 at 8:39 am

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: