New Orleans lawyer sues parish sheriff, seeks to stop auctioning of lots

By Gene Johnson | Oct 28, 2015

A New Orleans lawyer has filed a temporary restraining order in an attempt to block the potential sale of two New Orleans lots that could be put up for auction.

George Gates IV filed for a temporary restraining order Aug. 28 in U.S. District Court Eastern District of Louisiana against Orleans Parish Sheriff Marlin Gusman and Yergalem Baraki, seeking  to stop the sale of two lots in the 7th District of the Parish of Orleans.

According to the complaint, Gates was denied the property through an unconstitutional sheriff sale and later discovered the property was up for sheriff’s sale Dec. 17, 2014, via an email–and without any notification from the Orleans Parish Sheriff's Office.

The suit says Gates began to make payment arraignments, with an initial payment to be made on Jan. 6, 2015, which which was denied because the check was not certified. An agreement upon a $10,000 payment to be made Feb. 2 did not go through because Gates said he was in a vehicle crash and his car was totaled.

The suit says the plaintiff asked for an extension due to the fact he had no transportation and could not make court appearances, nor collect payments from clients.

Gates seeks an injunction to evict Gusman and any of his agents, nullification of the sheriff's sale due to lack of due process, compensatory and punitive damages, plus attorney fees. The plaintiff is representing himself.

U.S. District Court Eastern District of Louisiana case 2:15-cv-03898.

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