A federal judge in Lafayette has ruled that the Iberia Parish district attorney who jailed a murder witness for six months has prosecutorial immunity and dropped most, but not all, of the charges levied against him in a civil lawsuit.
David Joseph, U.S. judge for the Western District of Louisiana, dropped many of the claims against Bo Duhé, district attorney for the 16th Judicial District that includes Iberia, St. Martin and St. Mary parishes.
Federal Magistrate Judge Carol Whitehurst made recommendations in August which Joseph reviewed for his ruling Oct. 18.
Tayjha Alfred filed the federal lawsuit in February against Duhé and Assistant District Attorney Alister Charrier. The claims alleged against Duhé are in his individual and official capacities. Claims against Charrier are in her individual capacity.
Bofill "Bo" Duhé
"Make no mistake," Joseph wrote. "This court is sympathetic to Alfred's plight as alleged. But the Supreme Court has recognized that application of the doctrine of absolute immunity may even sometimes 'leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty.'"
Alfred, who was a traveling nurse, alleges the two violated the 4th and 14th amendments to the U.S. Constitution and Louisiana constitution by jailing her for six months to make sure she was available to testify in the murder trial of Bryson Johnlewis.
Johnlewis in 2023 was found guilty for his involvement in the 2019 fatal shooting of New Iberia High School senior Garon Lewis, 17, which proved to be a case of mistaken identity by an alleged gang.
Alfred and a friend were in the area where the shooting took place and were questioned by police. Later, as the trial neared, Alfred allegedly was out of state working as a traveling nurse. Police tried to serve her several times at her mother's house with a trial subpoena, according to court documents.
Duhé and Charrier obtained a material witness warrant from Judge Roger Hamilton three years after the shooting. Alfred was arrested in Iberia Parish where she had returned for several weeks in 2023 and was jailed per the state's Material Witness Statute for six months without the opportunity to post bond, which the statute allows.
Joseph wrote in his Oct. 18 ruling that Duhé and Charrier's actions in preparing, filing and arguing for the arrest warrant was done in their roles as advocates for the state, so prosecutorial immunity protects them.
He also ruled that the prosecutors' conduct after Alfred's arrest and incarceration, which Hamilton was aware of, also is protected by absolute immunity. The Louisiana Material Witness Statute, Joseph wrote, gives the judge responsibility for a witness's fate, not prosecutors.
Hamilton had the option of offering Alfred an appearance bond or holding her in jail through the trial, Joseph wrote.
Based on those same arguments, Joseph also dismissed Alfred's state law claims, citing absolute immunity.
However, Joseph found that Duhé in his official capacity is not protected by the 11th Amendment that shields actors from civil liability in federal court.
Joseph also let stand Alfred's claim that Duhé has a policy of jailing material witnesses. Alfred alleges Duhé sought and/or obtained three material witness arrest warrants in 2021, four in 2022 and one in 2023, as well as four related to the trials of JohnLewis and an associate. Duhé has not provided her with information on the warrants.