Dawn Elayne Seif, Individually and obo her minor child, James Andrew Seif, Lisa Blaylock, Individually and obo her minor children, Annabelle Ruth Blaylock and Evelyn Marie Blaylock, Destiny Flynn, Individually and obo her minor child Leilani M. Flynn, Lui v. State of Louisiana through the Military Department and Louisiana National Guard
This text of Dawn Elayne Seif, Individually and obo her minor child, James Andrew Seif, Lisa Blaylock, Individually and obo her minor children, Annabelle Ruth Blaylock and Evelyn Marie Blaylock, Destiny Flynn, Individually and obo her minor child Leilani M. Flynn, Lui v. State of Louisiana through the Military Department and Louisiana National Guard (Dawn Elayne Seif, Individually and obo her minor child, James Andrew Seif, Lisa Blaylock, Individually and obo her minor children, Annabelle Ruth Blaylock and Evelyn Marie Blaylock, Destiny Flynn, Individually and obo her minor child Leilani M. Flynn, Lui v. State of Louisiana through the Military Department and Louisiana National Guard) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DAWN ELAYNE SEZF, INDIVIDUALLY AND OBO NO. 2020 CW 0385
HER MINOR CHILD, JAMES ANDREW SEIF, LISA BLAYLOCK, INDIVIDUALLY AND OBO HER MINOR CHILDREN ANNABELLE RUTH BLAYLOCK AND EVELYN MARIE BLAYLOCK, DESTINY
FLYNN, INDIVIDUALLY AND OBO HER MINOR CHILD LEILANI M. FLYNN, LIUSA BAWOL,
JENNA KEMP, INDIVIDUALLY AND OBO HER
MINOR CHILDREN MAKENZIE KEMP AND WESLEY KEMP
VERSUS
STATE OF LOUISIANA THROUGH THE MILITARY SEPTEMBER 21, 2020 DEPARTMENT AND LOUISIANA NATIONAL GUARD
In Re: State of Louisiana through the Military Department and Louisiana National Guard, applying for supervisory writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 646648.
BEFORE: WELCH, HIGGINBOTHAM, AND LANIER, JJ.
WRIT GRANTED. The district court' s April 2, 2020 judgment
is reversed. Plaintiffs' claims, all of which arise out of or
are in the course of activity incident to service, are barred from civil adjudication in accordance with Feres v. United
States, 340 U. S. 135, 143- 44, 71 S. Ct. 153, 158, 95 L. Ed. 152
1950). See also Morris v. Thompson, 852 F. 3d 416, 420 ( 5th
Cir. 2017), cert. denied, U. S. f 138 S. Ct. 203, 199
L. Ed. 2d 114 ( 2017) & Matreale v. New Jersey Dept. of Military & Veterans Affairs, 487 F. 3d 150, 156 ( 3d Cir. 2007), cert.
denied, 552 U. S. 1099, 128 S. Ct. 899, 169 L. Ed. 2d 728 ( 2008).
Moreover, Louisiana Revised Statutes 29: 23. 1( B) provides
n] either Civil Code Article 2320 nor any other law imposing liability on a master for the offenses and quasi offenses of his servant shall impose liability on the state or any branch, department, office, agency, commission, or any officer,
official, or employee thereof for any acts or omissions
committed on or by any members of the after December 29, 1981, National Guard while engaged in training or duty under 32 U. S. C. 316, 502, 503, 504, or 505[.]" Accordingly, summary judgment is granted in favor of defendants, State of Louisiana through the
Department Louisiana National Guard, and Military and
plaintiffs' claims against them are dismissed.
JEW TMH WIL
DEPUTY C ERk OF COURT FOR THE COURT
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Dawn Elayne Seif, Individually and obo her minor child, James Andrew Seif, Lisa Blaylock, Individually and obo her minor children, Annabelle Ruth Blaylock and Evelyn Marie Blaylock, Destiny Flynn, Individually and obo her minor child Leilani M. Flynn, Lui v. State of Louisiana through the Military Department and Louisiana National Guard, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawn-elayne-seif-individually-and-obo-her-minor-child-james-andrew-seif-lactapp-2020.