Posted: Jan 16, 2014 5:35 PM by Chris Nakamoto
Updated: Jan 16, 2014 7:04 PM
IBERVILLE PARISH - An attorney in Baton Rouge filed a lawsuit against the Warden of Elayn Hunt Correctional Center over what he calls the wrongful hold of his client.
Court documents News 2 obtained, show the lawsuit alleges Darrin Schaubhut of St. James Parish is being held in Iberville Parish by the state Department of Corrections despite having two court orders for his release. The first order was issued orally on Oct. 28, the second on Dec. 16.
"The law does not allow anyone to not obey a court order," defense attorney Seth Dornier said.
However, Schaubhut has been locked up since Nov. 16, and the state Department of Corrections said he's in custody for good reason. Schaubhut was on parole for a bribery conviction in 2008 when a parole officer found drugs in his house last year, and he was arrested. Shaubhut also tested positive for drugs and voluntarily revoked his parole, according to D.O.C. officials.
His attorney takes issue with that. Dornier claims he was never told his client was being asked to voluntarily revoke his parole, and claims the drugs Shaubhut was found with were there legally.
"We have prescriptions for each substance he was alleged to have illegally posses," Dornier said.
As Schaubhut sits in jail, Dornier is willing to file a lawsuit in the 19th JDC in Baton Rouge to get the situation rectified. The state says they're willing to defend their position as well.
All sides are due in court in St. James Parish Tuesday to have the judge in the case clarify his release orders.