Brittany Warren, obo Brennan Leblanc v. Trooper Andre Raoul Bezou, State of Louisiana through Louisiana Department of Public Safety and Corrections, Office of State Police

• Court: Louisiana Court of Appeal
• Decided: July 27, 2023
• Docket: 2023CW0179
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

BRITTANY WARREN; OBO BRENNAN NO. 2023 CW 0179 LEBLANC

VERSUS PAGE 1 OF 2

TROOPER ANDRE RAOUL BEZOU STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND JULY 27, 2023 CORRECTIONS OFFICE OF THE LOUISIANA STATE POLICE

In Re: Trooper Andre Raoul Bezou and the State of Louisiana, through the Louisiana Department of Public Safety and

Corrections, Office of State Police, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 687418.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. The district 8, 2023 court' s February judgment denying the motion for judgment filed summary by Defendants, Trooper Andre Raoul Bezou, State of Louisiana, through the Louisiana Department Public of Safety and

Corrections, and Office of State Police, is hereby reversed. The Louisiana Supreme Court has held that qualified immunity under La. R. S. 9: 2798. 1 is " clear and unambiguous" and applies to " policymaking or discretionary acts when such acts are within the course and scope of ... lawful powers and duties." See Simmons v. Hughes, 2019- 1389 ( La. 1st Cir. App. 11/ 25/ 20), 316 So. 3d 488 ( applying La. R. S. 9: 2798. 1 to an

excessive force claim), citing Gregor v. Axgenot Great Central Insurance Company, 2002- 1138 ( La. 5/ 20/ 03), 851 So. 2d 959, 967; Herrera v. First National Insurance Company of America, 2015- 1097 ( La. App. 1st Cir. 6/ 3/ 16), 194 So. 3d 807, 814, writ denied, 2016- 1278 ( La. 10/ 28/ 16), 208 So. 3d 885. However, the immunity provided by La. R. S. 9: 2798. 1 is not applicable to the defendants if their actions constituted " criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or

flagrant misconduct." La. R. S. 9: 2798. 1( C)( 2).

Pursuant to the evidence submitted, Trooper Bezou initiated a traffic stop on a truck driven by Mr. LeBlanc. Trooper Bezou requested Mr. Leblanc' s identification. Mr. LeBlanc indicated he was retrieving the identification from his vehicle, but instead reached for the ignition and drove the truck away while Trooper Bezou clung to the side of Mr. LeBlanc' s truck. Trooper Bezou commanded Mr. LeBlanc to stop the vehicle multiple times, and when the vehicle did not stop, Trooper Bezou discharged his firearm.

Our review of the record indicates that the Defendants established their entitlement to qualified immunity and pointed out the absence of factual support for the contention that the Defendants' actions constituted " criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct" based on the the totality of facts and

circumstances of this case. Plaintiff failed to produce factual NO. 2023 CW 0179

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support sufficient to establish the existence of a genuine issue of material fact or that Defendants are not entitled to judgment as a matter of law. Therefore, the Defendants are entitled to statutory immunity pursuant to La. R. S. 9: 2798. 1. The motion

for summary judgment filed by Defendants, Trooper Andre Raoul Bezou, State of Louisiana, through the Louisiana Department of

Public Safety and Corrections, and Office of State Police is granted, and the claims asserted by Plaintiff, Brittany Warren, on behalf of Brennan LeBlanc, are dismissed with prejudice.

MRT WRC CHH

ck.) DEPUTY CLERK OF COURT FOR THE COURT