Shane R. Ferran v. Louisiana Department Public Safety and Corrections

Louisiana Court of Appeal

Shane R. Ferran v. Louisiana Department Public Safety and Corrections

Louisiana Court of Appeal·Decided April 11, 2023·No. 2023CW0338·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHANER. FERRAN NO. 2023 CW 0338

VERSUS LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS APRIL 11, 2023

In Re: Louisiana Department of Public Safety and Corrections, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 704627.

BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The district court's April 10, 2023 order which found defendant is not entitled to a jury trial and ordered a bench trial of this matter is reversed. Defendant, the Louisiana Department of Public Safety and Corrections, is statutorily exempt from posting any bond whatsoever in any judicial proceedings arising from activities within the scope of its duties. La. R.S. 13:4581; Sylve v. Kappa Alpha PSI Fraternity, 2001-2726 (La. 10/10/01), 803 So.2d 960, 961. Furthermore, the Department of Public Safety and Corrections "shall not be required to post any bond, cash deposit, or other charge whatsoever to obtain a trial by jury.n La. R.S. 13:5105(E); Sylve, 803 So.2d at 961. This matter is remanded to the trial court with instructions that this matter be tried before a jury.

JEW AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY tLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHANER. FERRAN NO. 2023 CW 0338

VERSUS LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS APRIL 11, 2023

In Re: Louisiana Department of Public Safety and Corrections, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 704627.

BEFORE: WELCH, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The district court's April 10, 2023 order which found defendant is not entitled to a jury trial and ordered a bench trial of this matter is reversed. Defendant, the Louisiana Department of Public Safety and Corrections, is statutorily exempt from posting any bond whatsoever in any judicial proceedings arising from activities within the scope of its duties. La. R.S. 13:4581; Sylve v. Kappa Alpha PSI Fraternity, 2001-2726 (La. 10/10/01), 803 So.2d 960, 961. Furthermore, the Department of Public Safety and Corrections "shall not be required to post any bond, cash deposit, or other charge whatsoever to obtain a trial by jury.n La. R.S. 13:5105(E); Sylve, 803 So.2d at 961. This matter is remanded to the trial court with instructions that this matter be tried before a jury.

JEW AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY tLERK OF COURT FOR THE COURT

Shane R. Ferran v. Louisiana Department Public Safety and Corrections, (La. Ct. App. 2023).

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