Opinion
NO. 2014 CW 1494
10-27-2014
TESSIE MOUTON OBO KOLBY KEITH JOHNSON, ET AL v. LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC.
In Re: Louisiana High School Athletic Association, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 630120.
BEFORE: KUHN, PETTIGREW AND WELCH, JJ.
WRIT DENIED ON THE SHOWING MADE.
JTP
JEK
Welch, J., concurs in part and dissents in part. I would grant the writ and render judgment dismissing the claims of all of the plaintiffs, other than the claim of Kolby Keith Johnson, with prejudice. These plaintiffs have not alleged grievances which support claims of deprivation of their own constitutional rights, such as claims of violations by a state actor of their individual due process and egual protection rights. See Menard, v. Louisiana High School Athletic Association, 2010-0169 (La. 4/5/10), 31 So.3d 370. Furthermore, I would grant the writ with respect to the trial court's September 30, 2014 judgment insofar as it overrules relator's dilatory exception, raising the objection of the lack of procedural capacity of Tessie M. Mouton to file this lawsuit on behalf of Kolby Keith Johnson. I would vacate the ruling and remand with instructions that the trial court determine whether Tessie M. Mouton has the procedural capacity to file this lawsuit on behalf of Kolby Keith Johnson, if the trial court has not already done so. See La. Code Civ. P. arts. 682,' 683, and 4061.1. In all other respects, I concur. COURT OF APPEAL, FIRST CIRCUIT /s/__________
DEPUTY CLERK OF COURT
FOR THE COURT