STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SHANER. FERRAN NO. 2022 CW 1312 VERSUS LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS JANUARY 17, 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: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED.

WRC CHH Theriot, J., concurs and would deny the writ on the showing made. There was no testimony, either by affidavit or deposition, by any supervisor of DPSC. The initial determination on a motion for summary judgment is whether the supporting documents presented by the moving party are sufficient to resolve all material issues of fact and here they are not. This action does not preclude the relator from filing a new motion for summary judgment.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT