Louisiana Court of Appeal, 2021

Henry Ford v. M. Sgt. Michael Pesnell; State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center

Henry Ford v. M. Sgt. Michael Pesnell; State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center
Louisiana Court of Appeal · Decided April 9, 2021

Henry Ford v. M. Sgt. Michael Pesnell; State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HENRY FORD NO. 2020 cw 1254 VERSUS M. SGT. MICHAEL, STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY APRIL 09, 2021 AND CORRECTIONS ELAYN HUNT CORRECTIONAL CENTER

In Re: State of Louisiana, through the Department of Public Safety and Corrections, Elayn Hunt Correctional Center and Master Sergeant Deondria Bell, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 79783.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED IN PART WITH ORDER; DENIED IN PART. There is no proof of service of the amended petition on the Office of Risk Management or the defendants, the State of Louisiana, through the Department of Public Safety and Corrections and Elayn Hunt Correctional Center, in the writ application.

Service of the amended petition may be made in any manner authorized by the Code of Civil Procedure. The writ is granted for the limited purpose of remanding this matter to the trial court to allow the plaintiff to produce proof of service of the amended petition, or if service was not made, to allow the plaintiff a reasonable amount of time to request or obtain service of the amended petition on the State of Louisiana, through the Department of Public Safety and Corrections, the Attorney General and the Office of Risk Management. The writ is denied in all other respects.

JMM GH AHP

COURT OF APPEAL, FIRST CIRCUIT

COURT FOR THE COURT

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