STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MARLON WASHINGTON NO. 2021 CW 0641

VERSUS

SERGEANT TERRY LEE WILSON; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, LOUISIANA STATE PENITENTIARY

CONSOLIDATED WITH

WENDELL MARTIN

VERSUS

SERGEANT TERRY LEE WILSON; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND AUGUST 16, 2021 CORRECTIONS, LOUISIANA STATE PRISON

In Re: Marlon Washington and Wendell Martin, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23655 c/ w 23750.

BEFORE: MaDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. We find no manifest error in the factual findings of the district court. Further, based on the district court' s finding that defendants' procedure was inadequate, we find that plaintiffs, Marlon Washington and Wendell Martin, have exhausted their administrative remedy procedures and remand is unnecessary. See Collins v. Vanny, 2014- 0675 ( La. App. 1st Cir. 1/ 15/ 15), 169 So. 3d 405, 407. Accordingly, the district court' s April 22, 2020 [ sic] judgment granting the exception of prematurity filed by defendants, Sergeant merry Lee Wilson and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary, dismissing this matter, and remanding it to Louisiana State Penitentiary is reversed, and the exception of prematurity is denied.

imm WIL EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT