Case Citation
Pigott v. Gintz, 2023 WL 7655882 (W.D. La. Sept. 14, 2023) (reversed in part and remanded by Pigott v. Gintz, 2024 WL 5087911(5th Cir. Dec. 12, 2024))
Tags
Racial Discrimination, Criminal Legal System
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Plaintiff Wesley Pigott, a white man, is the father of two Black children, Mya and K.P. In April 2020, while driving his children home from a fishing trip, Mr. Pigott noticed he was being followed by an unmarked F-150 truck. When Mr. Pigott stopped in a parking lot, the driver of the unmarked truck immediately exited his vehicle, stood beside Mr. Pigott’s car door, and with his gun drawn commanded Mr. Pigott to “Get the [expletive] out of the truck and put your hands up!” Watching from the car, Mr. Pigott’s terrified children noticed that the driver of the truck was wearing a law enforcement uniform. K.P. pleaded “Please don’t shoot my daddy!” and Mya tried ducking to avoid being seen. When Mr. Pigott asked the officer to calm down, he responded by again pointing his gun at Mr. Pigott and telling him: “I am going to blow your head off if you turn around.”
Minutes later, a deputy of the Rapides Parish Sheriff’s Office arrived on the scene, patted down Mr. Pigott, and told him to continue on his way. For months after, Mya was scared to sleep alone in her own home, haunted by nightmares and emotional distress from the incident. K.P. also had significant difficulty sleeping and frequent nightmares related to the incident for several months.
Why is this a key case?
This case is just one example of the troubling pattern of law enforcement officers criminalizing children of color. Research has shown that Black children are perceived as less innocent than white children, leading to more frequent stops, prosecutions, and trials as adults. Implicit dehumanization of Black children makes them demonstrably more likely to be victims of police violence. Violent encounters with the police negatively impact mental health, and can trigger symptoms of depression and PTSD, among other pernicious effects. Incidents of perceived racial profiling adversely impact the mental health of people of color, especially among young people like K.P. and Mya.
What is the status of the case?
Pending trial following remand from the Fifth Circuit.
December 12, 2024
Fifth Circuit decision,
The Fifth Circuit reversed in part, affirmed in part, and remanded to the District Court.
May 20, 2024
Appellant Reply Brief
April 22, 2024
Appellee Reply Brief
February 20, 2024
Appellant Reply Brief
Case Partners
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Southern Poverty Law Center
The SPLC is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people.
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ACLU of Louisiana
Since 1956, the ACLU of Louisiana has worked to advance and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States and the State of Louisiana.