Federal Court allows claims to proceed in Parksley sewer dispute

A federal court has ruled that claims against Parksley can move forward in a case involving actions taken against business owners Theslet Benoir and Clemene Bastien and their food truck operation, EEHFT.

According to allegations in court documents, Parksley Town Councilman Henry Nicholson directed a public works employee in June 2023 to cut a discharge pipe connected to the food truck without notifying the owners or providing an opportunity to respond. According to the Town, the pipe was cut because the truck was pumping waste grease into the Town’s sewer system, which was causing immense damage.

The court found that a reasonable factfinder could determine Nicholson’s actions were objectively unreasonable and may have violated the plaintiffs’ constitutional rights, including protections under the Fourth Amendment.

The ruling also allows an equal protection claim to proceed, with the court saying it is possible Nicholson may have singled out Benoir and Bastien.

Additionally, the ruling denied qualified immunity at this stage, finding that the rights in question were clearly established and that the circumstances did not justify the lack of due process.

“We respectfully disagree with the Court’s opinion and are in the process of reviewing it in detail,” said Anne Lahren with Pender and Coward who is representing the town. “Elected officials serve to represent the best interests of the locality and all of its residents and should be given latitude to exercise their judgment in doing so. We anticipate an appeal of this ruling.”

The case will now move forward for further proceedings in federal court.