Opinion
2023 CW 0338
04-11-2023
SHANE R. FERRAN v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Louisiana Department of Public Safety and Corrections, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 704627.
BEFORE: WELCH, PENZATO, AND LANIER, JJ.
WRIT GRANTED. The district court's April 10, 2023 order which found defendant is not entitled to a jury trial and ordered a bench trial of this matter is reversed. Defendant, the Louisiana Department of Public Safety and Corrections, is statutorily exempt from posting any bond whatsoever in any judicial proceedings arising from activities within the scope of its duties. La. R.S. 13:4581; Sylve v. Kappa Alpha PSI Fraternity, 2001-2726 (La. 10/10/01), 803 So.2d 960, 961. Furthermore, the Department of Public Safety and Corrections "shall not be required to post any bond, cash deposit, or other charge whatsoever to obtain a trial by jury." La. R.S. 13:5105(E); Sylve, 803 So.2d at 961. This matter is remanded to the trial court with instructions that this matter be tried before a jury.
JEW
AHP
WIL