Opinion
NO. 2017 CW 0164
04-05-2017
EXALTON GUIDRY v. SERGEANT JESSIE BURKES, II, M. SGT. JOHN RABALAIS AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, LOUISIANA STATE PRISON Consolidated with ZLATKO BRUJAC, WILLIE TRIPLETT, ROBERT TASSIN, LARRY BROWN, MARK THIBODEAUX, AND WALTER JOHNSON v. SERGEANT JESSIE BURKES, II, M. SGT. JOHN RABALAIS AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, LOUISIANA STATE PRISON
In Re: Exalton Guidry, Zlatko Brujac, Willie Triplett, Robert Tassin, Larry Brown, Mark Thibodeaux, and Walter Johnson, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 22390 c/w 22391, 22421, 22492, 22585, 22601, 22603. BEFORE: WHIPPLE, C.J., GUIDRY AND HIGGINBOTHAM, JJ.
WRIT DENIED. This Court declines to exercise its supervisory jurisdiction. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
VGW
JMG
Higginbotham, J., dissents and would grant the writ application in part. Under Louisiana law, the party asserting the privilege has the burden of proving that the privilege applies; further, the party asserting the privilege must adequately substantiate the claim and cannot rely on a blanket assertion of privilege. Maldonado v. Kiewit Louisiana Co., 2012-1868 (La. App. 1st Cir. 5/30/14), 152 So. 3d 909, writ denied, 2014-2246 (La. 1/16/15), 157 So.3d 1129. I would remand this matter to the district court, directing that defendants be ordered to produce a privilege log containing a description of each document over which they assert the attorney-client or work-product privilege and/or the confidentiality provisions of La. R.S. 15:1176 sufficient to establish the privileges claimed, and further directing the district court to rule on the motion to compel discovery considering the privilege log. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT