Circuit Judge James C. Ho writes that the allegations made in the Fifth Circuit case “are sickening,” for the U.S. Court of Appeals. Lefebure V. D’Aquilla Ho goes on to detail a scenario that really is nothing short of nauseating: An assistant warden in Louisiana allegedly raped his cousin-in-law repeatedly on prison grounds—and conspired with the local prosecutor to avoid legal consequences.
Priscilla LEFEBURE, despite the fact that she presented convincing evidence, cannot file a lawsuit against Samuel D’Aquilla the District Attorney for helping to weaken her case. He also showed special favor to his colleague in justice.
Lefebure found herself in the home of her cousin’s husband, Barrett Boeker—then the assistant warden at Louisiana State Penitentiary, also known as Angola—during flooding in Baton Rouge. Lefebure claims that Boeker sexually and physically assaulted her multiple times. According to the 5th Circuit, Boeker raped her first. He made her look at a mirror and told her she would not be heard screaming. After picking up the door lock, he then used a foreign item to sexually assault her. After that, she attempted to lock it again but he continued to pick at the lock, blocking her escape.
Boeker was eventually arrested in second-degree sexual rape. A medical exam revealed that she had bruises and redness on her legs, arms and cervix.
But he was never charged.
Lefebure claimed that D’Aquilla, District Attorney of California “refused” to examine and collect the rape kits. She also “created handwritten notes on the report that highlighted only the purported discrepancies and submitted that report to grand jury,” she “declined meeting or speaking with Lefebure about the alleged attacks before the grand jur proceeding,” and failed to summon various witnesses that could have confirmed her account.
As they are protected from prosecution, it’s nearly impossible to hold them accountable. AbsoluteImmunity is a legal doctrine which protects employees from being held responsible in civil courts for any job-related misconduct or corruption. It is not to mixed with Qualified Immunity, another legal doctrine which allows government officials to infringe your rights. However, the specific way they did this has not been declared unconstitutional by a court. Absolute immunity raises the bar, beneficiaries are almost immune to abuse.
This is however a sign of the severity and inhumanity D’Aquilla’s alleged bad behaviorThe district court ruled that Lefebure should proceed with a part of his claim. The Court found that Lefebure’s alleged misconduct in not requesting, obtaining, and inspecting the rape kits; taking notes on the police reports; and failing interview Plaintiff before the grand jury hearing was an investigative function for which absolute immunity is not applicable,” stated Judge Shelly D. Dick, U.S. District Court, Middle District of Louisiana. On the other side, the DA cannot be held responsible for the alleged failure of specific witnesses to testify before the grand jury.
Judge Ho—the same judge who said that police officers need to retain qualified immunity “to stop mass shootings”—struck down that idea, instead insisting that D’Aquilla be immune for his investigatory negligence just as he is immune for his prosecutorial negligence. The story of Lefebure is especially disturbing because the alleged perpetrator, an assistant prison warden in our criminal justice system, was her victim. We expect law enforcement officials to uphold the law, not to violate it—to protect the innocent, not to victimize them,” wrote Ho. Ho said that none of these facts change the fact our court does not have the jurisdiction to hear her case against the district attorney. He declined her help for any reason. Three retired federal judges rebuked Ho for asking to support Lefebure’s case. Ho indicated that they were able to continue, but he said last week that he believed her suit was doomed.
As for Boeker, he lost his job in May of last year after he was arrested on felony charges—not for the alleged rape, but for assaulting an inmate with a fire extinguisher.