Opinion
NO. 2020 CW 0385
09-21-2020
DAWN ELAYNE SEIF, INDIVIDUALLY AND OBO HER MINOR CHILD, JAMES ANDREW SEIF, LISA BLAYLOCK, INDIVIDUALLY AND OBO HER MINOR CHILDREN ANNABELLE RUTH BLAYLOCK AND EVELYN MARIE BLAYLOCK, DESTINY FLYNN, INDIVIDUALLY AND OBO HER MINOR CHILD LEILANI M. FLYNN, LIUSA BAWOL, JENNA KEMP, INDIVIDUALLY AND OBO HER MINOR CHILDREN MAKENZIE KEMP AND WESLEY KEMP v. STATE OF LOUISIANA THROUGH THE MILITARY DEPARTMENT AND LOUISIANA NATIONAL GUARD
In Re: State of Louisiana through the Military Department and Louisiana National Guard, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 646648. BEFORE: WELCH, HIGGINBOTHAM, AND LANIER, JJ.
WRIT GRANTED. The district court's April 2, 2020 judgment is reversed. Plaintiffs' claims, all of which arise out of or are in the course of activity incident to service, are barred from civil adjudication in accordance with Feres v. United States, 340 U.S. 135, 143-44, 71 S.Ct. 153, 158, 95 L.Ed. 152 (1950). See also Morris v. Thompson, 852 F.3d 416, 420 (5th Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 203, 199 L.Ed.2d 114 (2017) & Matreale v. New Jersey Dept. of Military & Veterans Affairs, 487 F.3d 150, 156 (3d Cir. 2007), cert. denied, 552 U.S. 1099, 128 S.Ct. 899, 169 L.Ed.2d 728 (2008). Moreover, Louisiana Revised Statutes 29:23.1(B) provides "[n]either Civil Code Article 2320 nor any other law imposing liability on a master for the offenses and quasi offenses of his servant shall impose liability on the state or any branch, department, office, agency, commission, or any officer, official, or employee thereof for any acts or omissions committed on or after December 29, 1981, by any members of the National Guard while engaged in training or duty under 32 U.S.C. 316, 502, 503, 504, or 505[.]" Accordingly, summary judgment is granted in favor of defendants, State of Louisiana through the Military Department and Louisiana National Guard, and plaintiffs' claims against them are dismissed.
JEW
TMH
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT