ExposeDat settlement document gets full public view

A six-page document released Friday proves closure to the legal battle between a Houma blog publisher and Terrebonne Parish officials – along with a settlement check – as the portion of the case brought against the parish’s sheriff continues to be fought in New Orleans federal court.

(See a PDF of the document by clicking here)

Jennifer Anderson and her husband, Wayne Anderson, were issued a $50,000 check by the Terrebonne Parish Consolidated Government Monday in return for their agreement to drop all claims against it and Dove arising from a raid on their home last year, during which computers and cell phones were seized. A warrant was issued by Judge Randy Bethancourt in connection with a Sheriff’s Office investigation of alleged criminal defamation filed by insurance broker Tony Alford.

Jennifer Anderson’s ExposeDat blog and a related Facebook page under the fictitious name John Turner alleged murky dealings between Alford, Dove and Sheriff Jerry Larpenter in the awarding of insurance contracts. Larpenter’s wife has a long-standing business association with Alford. The Andersons alleged that Dove and others conspired to violate their civil rights.

There was never any arrest or prosecution of the Andersons for defamation, which is covered by a problematic and complex state law, part of which has been ruled unconstitutional.

The Louisiana First Circuit Court of Appeal ruled that the seizure of the computers and cell phones was unconstitutional, quashing after the fact the warrant Bethancourt issued.

Larpenter’s attorney, Bill Dodd, said he is continuing to defend against the suit, which is before U.S. District Court Judge Lance Africk.

Houma attorney Jerri Smitko represented the Andersons. Parish Attorney Julius Hebert represented the parish.

The settlement includes a clause which states the settlement is a compromise “of doubtful and disputed claims and that the payment by the released parties is not to be construed as an admission of liability.”

Dove has maintained throughout the course of the litigation that he had committed no tort against the Andersons, and had no involvement in the attempt to prosecute them. He had made a statement to a detective during the course of the investigation, but has maintained that he made no formal complaint against them, or against anyone associated with the blog or the Facebook page.

The suit originally included the Terrebonne Parish Levee and Conservation District as a defendant along with Alford, but the plaintiffs dropped them as defendants voluntarily, and with no payment made in return.

Parish officials have suggested that the settlement was a wise choice because of the legal costs that would be associated with further defense against the claim, after Judge Africk denied motions to have the claim dismissed.

The document and a copy of the check were released after extraordinary attempts to keep the settlement amount secret, including an attempt to have Judge Africk seal the information, which he denied. As recently as Wednesday parish administration officials, during individual private meetings with parish council members, disclosed the settlement amount. Council members stated, however, that they were told the documents and information were sealed by the judge.

The court record indicates otherwise.

The agreement was signed June 6, and the check was dated Monday.

Scott Sternberg, an attorney representing the Louisiana Press Association and a Times reporter followed up on previously denied public records requests with a letter sent by email Wednesday to Hebert and to Mart Black, the parish’s records custodian.

The Times began its request for settlement documents May 19, but was informed by Black that the matter was still under “judicial scrutiny.”

Africk had prior to that date dismissed Dove and the parish from the suit, but the dismissal was not final.

The check was issued from the client trust account maintained by Hebert.

“The case is now concluded,” Black said.

Settlement check