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

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERk OF COURT FOR THE COURT