A man wrongly prosecuted for insurance fraud can pursue his civil rights lawsuit.

Record source: CourtListener

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHAD LIGHTFOOT, ET AL., CIVIL ACTION Plaintiffs VERSUS NO. 26-434 PROGRESSIVE DIRECT SECTION: “E” (1) INSURANCE COMPANY, ET AL., Defendants ORDER AND REASONS Before the Court is a motion to dismiss for failure to state a claim filed by Eric Cusimano, Craig W. Famularo, Andre C. Gaudin, Jr, and Jason Williams (sometimes referred to collectively as the “OPDA Defendants”).1 Plaintiffs Chad Lightfoot, Geralyn Hawkins, and their minor children (“Plaintiffs”) filed an opposition.2 The OPDA Defendants filed a reply.3 BACKGROUND4 This case arises out of a vehicle accident in Orleans Parish and the subsequent criminal prosecution of Plaintiff Chad Lightfoot for insurance fraud.5 Plaintiffs allege that, on August 29, 2011, Mr. Lightfoot was involved in a vehicle accident in Orleans Parish.6 Mr. Lightfoot filed insurance claims with multiple insurance carriers, including Liberty, Progressive, and others.7 Plaintiffs allege the insurance claim was not “resolve[d]. . . to Mr. Lightfoot’s satisfaction” and, as a result, in 2012, he brought a personal-injury lawsuit 1 R. Doc. 84. 2 R. Doc. 95. 3 R. Doc. 96. 4 These factual allegations are based on the Plaintiffs’ Second Amended Complaint. R. Doc. 60. 5 Id. 6 Id. at ¶ 85. 7 Id. at¶ 87. Apparently, these are Chad Lightfoot’s underinsured motorist insurance carriers. in Orleans Parish Civil District Court against Progressive and other related defendants (“the underlying civil action”).8 Plaintiffs allege that, on or about September 19, 2014, two of the attorneys representing Progressive in the underlying civil action, Megan Kiefer and Ignatz Kiefer assaulted Mr. Lightfoot inside the Orleans Parish Courthouse in retaliation for bringing the underlying civil action.9 Plaintiffs further allege that, in December 2014, Megan Kiefer prepared and swore to a false affidavit she submitted to the New Orleans Police Department stating that Mr. Lightfoot fraudulently obtained a $50,000 payment from Progressive Insurance Company in connection with the August 29, 2011 accident.10 Plaintiffs allege the affidavit included Megan Kiefer’s statement that, in obtaining the $50,000 payment, Mr. Lightfoot committed perjury, insurance fraud, and filed false public records.11 Plaintiffs allege these statements were false and Progressive’s own records confirmed that Mr. Lightfoot never received a $50,000 payment.12 Plaintiffs allege the Insurance Attorneys representing the Insurance Defendants used this false affidavit to obtain a judgment in the underlying civil action against Mr. Lightfoot and in favor of their clients.13 Plaintiffs further allege that, on August 22, 2016, this judgment was recorded as a judicial mortgage against Mr. Lightfoot’s homestead, which “clouded Mr. Lightfoot’s title and exerted improper financial pressure . . . .”14 Plaintiffs allege that Kristin L. Beckman, counsel for Liberty, “participated in preparing, filing, recording, or enforcing civil judgment and judicial-mortgage materials . . .” and Adam Massey, counsel 8 Id. at ¶¶ 87-88. 9 Id. at ¶ 90. Plaintiffs do not bring a cause of action for damages resulting from this physical altercation. 10 Id. at ¶¶ 95-96. 11 Id. at ¶ 96. 12 Id. at ¶¶ 97-98. 13 Id. at ¶ 124. 14 Id. at ¶¶ 125-27. for Progressive, “participated in preparing, filing, recording, or enforcing civil judgment and judicial-mortgage materials . . . .”15 Plaintiffs allege New Orleans Police Department Detective Frank Denton, without conducting further investigation into the affidavit’s validity, relied on Megan Kiefer’s false affidavit to obtain an arrest warrant for Mr. Lightfoot.16 Plaintiffs allege that, on January 6, 2015, Mr. Lightfoot was arrested pursuant to this warrant.17 Plaintiffs further allege that the Louisiana State Police Insurance Fraud Division began an investigation into Lightfoot’s alleged insurance fraud scheme.18 Plaintiffs allege that Defendant State Police Lieutenant Alan Arcana stated in a police report that Mr. Lightfoot received $50,000 in payments from Progressive, which caused the State of Louisiana to bring criminal charges against him.19 Plaintiff was charged with theft over $50,000, automobile insurance fraud, and perjury.20 Plaintiffs allege Lieutenant Arcana testified that Progressive insurance investigator Glenn Pardiane represented to him that Mr. Lightfoot received a $50,000 payment.21 Plaintiffs allege that, during the criminal proceedings, it was discovered there was no record of a $50,000 insurance payout to Mr. Lightfoot but that, despite this lack of evidence, the OPDA Defendants criminally prosecuted Mr. Lightfoot for insurance fraud.22 Plaintiffs allege the criminal charges against Mr. Lightfoot were dismissed on October 15, 2024.23 15 Id. at ¶¶ 43, 45. 16 Id. at ¶ 107. 17 Id. at ¶ 110. 18 Id. at ¶ 115. 19 Id. at ¶¶ 117-18. 20 Id. at ¶ 107. 21 Id. at ¶ 121. 22 Id. at ¶ 136. 23 Id. at ¶ 142. Mr. Lightfoot and his spouse, Geralyn Hawkins, filed this suit pro se on October 20, 2025 in Orleans Parish Civil District Court.24 In their original petition, Mr. Lightfoot and Ms. Hawkins brought a single claim against “unknown named Defendants” under La. R.S. 15:572.8, which provides compensation to persons wrongfully convicted and imprisoned.25 On November 10, 2025, Mr. Lightfoot and Ms. Hawkins filed a First Amended Petition, adding their minor children as named Plaintiffs and bringing eight counts against various defendants for actions related to Mr. Lightfoot’s criminal prosecution and the civil judgment entered against him and recorded as a judicial mortgage.26 These defendants included Craig W. Famularo and Andre C. Gaudin, Jr, but not Jason Williams and Eric Cusimano.27 On January 20, 2026, Plaintiffs filed a Second Amended Petition in state court.28 While this petition did not alter or amend any of the causes of action Plaintiffs attempted to

Official opinion source