Babineaux v. Foster
United States District Court for the Eastern District of Louisiana
2005 WL 711604 (2005)
Tysonia Babineaux (plaintiff) hired Douglas Brown, a former assistant city attorney, to sue the City of Hammond and its mayor (defendants) for employment discrimination after her termination. The city moved to disqualify Brown, pointing to a similar grievance Babineaux had filed two years earlier, during which the mayor had copied Brown on two letters discussing a confidential response to her complaint. Brown countered that the discrimination he was now suing over occurred after he left the city attorney's office, offered to limit the complaint to that later period, and argued Babineaux's right to her chosen counsel outweighed any connection to the old grievance.
Whether a former government attorney is disqualified from representing a client against his former government employer when he was only nominally, rather than personally and substantially, involved in a related earlier matter.