Deputy files lawsuit against suspect

BY JEFF MOORE, THE DAILY IBERIAN
Published/Last Modified on Wednesday, February 28, 2007 1:20 PM CST

An Iberia Parish Sheriff's Department deputy wants a man he arrested last month to submit to blood tests, claiming the suspect could have exposed him to disease.

Iberia Parish Sheriff's Office Deputy Tyrel Penny has filed a lawsuit seeking blood testing of Bobby DeClouet of Jeanerette.

The lawsuit was filed earlier this month in 16th Judicial District Court.

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Iberia Parish Sheriff Sid Hebert said DeClouet fought with Penny following a traffic stop at the intersection of South Lewis and East Main streets on Jan. 11.

Hebert said both men sustained cuts during the struggle, DeClouet to the back of his head and Penny to his hands.

According to state law, any person who exposes a police officer to infectious disease during an arrest must submit to a blood test within 72 hours. The law calls for testing for AIDS, HIV, viral hepatitis or "any other serious infectious disease."

The lawsuit states that District Judge Gerard Wattigny ordered Iberia Medical Center to release DeClouet's test results Jan. 30.

The only test performed, however, was the HIV screen. Hebert said the test came back negative.

The lawsuit states Penny wants additional tests conducted, namely for hepatitis and other diseases. The lawsuit seeks DeClouet be tested "immediately with or without his consent."

Hebert said Penny has begun precautionary treatment.

Attempts to reach DeClouet were not successful.

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