STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MICHAEL FOX NO. 2021 CW 0808 VERSUS

SGT. ERIC BURCH AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY OCT 12 2021 AND CORRECTIONS, RAYBURN CORRECTIONAL CENTER

In Re: Michael Fox, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 114823.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY DENIED; WRIT GRANTED. The district court' s judgment, which granteddeclinatory exception of insufficient service the of process filed by defendants, Sergeant Eric Burch and State of Louisiana through Louisiana Department of Public Safety and Corrections, Rayburn Correctional Institute, is reversed. La. R. S. R. S. 39: 1538 does not require that the Office of Risk Management be served with citation and process, but only that it be served with process. Accordingly, the declinatory exception of insufficient service of process filed by defendants is denied.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

DF7T,t CLERK OF COURT FOR THE COURT