Whether a District Attorney violated the Hobbs Act and denied due process by prosecuting a misdemeanor case at the behest of a liability insurer

QUESTIONS PRESENTED: 1. . Whether the Court of Appeals erred by failing to recognize that a District Attorney, who in his private law practice represented, and received hundreds of thousands of dollars in legal fees from, the liability insurer for the Parish (county) served by that District Attorney, both violated the Hobbs Act (18 U.S.C. § 1951, et seq.) and denied a criminal defendant substantive due process when that District Attorney used the authority of his public office to institute and maintain a misdemeanor criminal prosecution at the behest of that insurer and for the purpose of bolstering that insurer’s defense of a civil lawsuit for the tort of excessive force that was filed as a civil rights action by the misdemeanor defendant against the Sheriff of that Parish and others. 2. Whether the Court of Appeals erred in upholding the District Court’s dismissal of two civil rights suits against a District Attorney and a Sheriff, on the alleged ground that the plaintiff had failed to prosecute his civil suit when, in fact, that District Court had stayed the plaintiffs suit on the defendants’ motion. 3. . Whether the Court of Appeals erred as a matter of law when it denied a misdemeanor defendant an injunction against DUI and resisting arrest prosecutions against him, where those misdemeanor cases’ continued prosecution denied him important substantive and procedural due process rights, including among others denial of a speedy trial in violation of both state statute and the Sixth Amendment, improper reuse of evidence previously rejected by a felony trial jury ii so as to subject him to double jeopardy, spoliation of evidence, forgery of both prosecution documents and of portions of the state court criminal case record, and irremediable conflicts of interest on the part of the prosecutors. iii List of all Parties to Proceeding Undersigned counsel of record hereby certifies in accordance with Rule 14.1(B) that the following persons have an interest in the outcome of this case: Plaintiff: Shane M. Gates Counsel of Record: John A. Hollister 613 Bon Temps Roulé Mandeville, Louisiana 70471 Telephone: (985) 792-5353 Email: Defendants: (Former) Sheriff Rodney J. “Jack” Strain, Jr. (Former) Deputy Sheriff Nathan Miller Deputy Sheriff Roger Gottardi Sheriffs Captain Kathy Sherwood Deputy Sheriff Brian Williams Counsel of Record: Chadwick W. Collings Andrew R. Capitelli Thomas 8S. Schneidau Milling, Benson, Woodward LLP 68031 Capital Trace Row Mandeville, Louisiana 70471 Telephone: (985) 292-2000 Telefax: (985) 292-2001 Email: (Former) District Attorney Walter P. Reed Assistant District Attorney Ronald Gracianette (Former) Assitant District Attorney Nicholas F. Noreia, Jr. (Former) Assistant District Attorney Kathryn Landry Counsel of Record: Cary J Menard 22nd Judicial District Attorney’s Office iv 701 North Columbia Street Covington, Louisiana 70433 Telephone: (985) 809-8374 Email: cmenard@22da.com Philip Duiett Counsel of Record Lawrence E. Abbott Nancy A. Cundiff Cotten, Schmidt & Abbott, LLP 650 Poydras Street, Suite 2810 New Orleans, Louisiana 70130 Telephone: (504) 568-9393 Email: Charles M. Hughes, Jr. Counsel of Record: Richard T. Simmons, Jr. Hailey, McNamara, Hall, Larmann & Papale, LLP P.O. Box 8288 Metairie, Louisiana 70001-8288 Telephone: (504) 836-6500 Email: rsimmons@hmhlp.com (Former) Louisiana Attorney General James D. Caldwell Judge Richard Schwartz Counsel of Record: David Glen Sanders Louisiana Department of Justice Litigation Division P.O. Box 94005 1885 North 3rd Street Baton Rouge, Louisiana 70804-94005 Telephone: (225) 326-6300 Telefax: (225) 326-6192 Email: Walter P. Reed, Individually v Counsel of Record: Ralph 8. Whalen, Jr. 1100 Poydras Street, Suite 2950 New Orleans, Louisiana 70163 Telephone: (504) 525-1600 Email: (Former) Clerk of Court Marie-Elise Prieto, Officially and Individually Counsel of Record: Thomas H. Huval Jones Fussell LLP P.O. Box 1810 101 Service Road East, US Hwy 190, Suite 10