Opinion
NO. 2015 CW 0491
08-11-2015
ERVIN MARSHALL, INDIVIDUALLY AND ON BEHALF OF HIS ACKNOWLEDGED MINOR CHILD, ERVIN MARSHALL, III v. JARED SANDIFER (INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A TROOPER WITH THE LOUISIANA STATE POLICE), MICHAEL D. EDMONSON (INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COLONEL WITH THE LOUISIANA STATE POLICE) AND LOUISIANA STATE POLICE, THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Jared Sandifer (individually and in his official capacity as a trooper with the Louisiana State Police), Michael D. Edmonson (individually and in his official capacity as colonel with the Louisiana State Police) and Louisiana State Police, through Louisiana Department of Pubic Safety and Corrections, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 597,408. BEFORE: PETTIGREW, HIGGINBOTHAM, AND CRAIN, JJ.
WRIT DENIED.
JTP
TMH
Crain, J., dissents in part and concurs in part. I would reverse that portion of the January 22, 2015 judgment denying the Exception of Res Judicata with regard to the claims filed in state court against defendants Jared Sandifer and Michael D. Edmonson in their individual capacities. I believe those claims, which are not against the State of Louisiana, should have been asserted by Ervin Marshall in his federal lawsuit. See Reeder v. Succession of Palmer, 92-2965, 92-3002 (La. 9/3/93), 623 So.2d 1268. In all other respects, I concur with the ruling of the majority. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT