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Simmons v. Turner11/17/2004
WRIT DENIED.
Woodard, J., concurs in the result and assigns written reasons.
The plaintiffs filed suit seeking damages related to the death of their father while he was in the custody of the Sheriff of Allen Parish. The Sheriff, the Sheriff's Department, and several deputies were named as defendants. Following the plaintiffs' request for a jury trial, the defendants filed a motion to strike alleging that a jury trial was unavailable pursuant to the Louisiana Governmental Claims Act, La.R.S. 13:5101, et seq. The trial court granted the motion to strike. The plaintiffs filed an application for supervisory writs contesting the trial court's determination. The matter was placed on this court's docket for full briefing and consideration on the merits. For the following reasons, we deny the writ application.
Factual and Procedural Background
The plaintiffs, Darryl J. Simmons, Katie D. Simmons, Mary Simmons, and Wilton Simmons, III, are the children of Wilton Simmons, Jr. The plaintiffs filed suit in the Thirty-Third Judicial District, alleging that their father was denied medical assistance while confined in the Allen Parish jail. The plaintiffs assert that this denial of treatment led to his death while in custody. The plaintiffs sought recovery for wrongful death pursuant to La.Civ.Code art. 2315.2 and pursuant to a survival action under La.Civ.Code art. 2315.1. The petition advanced both state law claims and alleged entitlement to recover under 42 U.S.C. ยง 1983 for constitutional violations. Named as defendants were Sheriff Hal Turner, in his capacity as Sheriff of Allen Parish, Allen Parish Sheriff's Office, and several Allen Parish Sheriff's deputies. The petition contained a request for jury trial on all issues.
The defendants filed a motion to strike jury trial and/or jury trial request, asserting that a jury trial was unavailable pursuant to the Louisiana Governmental Claims Act, La.R.S. 13:5101, et seq. The motion was granted by the trial court. The plaintiffs filed the instant application for supervisory writs contending that even to the extent that La.R.S. 13:5101, et seq., might operate to preclude a jury trial against the Sheriff and the Sheriff's Department, it cannot be viewed as prohibiting a jury trial against the deputies or employees of the department. The plaintiffs also contend that La.R.S. 13:5101, et seq., cannot operate to prohibit a jury trial on their federal claims.
This matter was placed on the docket for consideration on the merits.
Discussion
The Louisiana Governmental Claims Act
At issue in this case is La.R.S. 13:5105, a portion of the Louisiana Governmental Claims Act, which provides: "No suit against a political subdivision of the State shall be tried by jury." The plaintiffs do not appear to contest that a jury trial is unavailable to the Sheriff and the Sheriff's Office pursuant to this legislation. Rather, the plaintiffs concentrate on whether La.R.S. 13:5105's prohibition against a jury trial applies to the sheriff's deputies. The plaintiffs note that the statute does not reference officers or employees of a sheriff's department as those entities against whom a jury trial is unavailable. Thus, they contend, the prohibition is inapplicable to employees of a sheriff's department.
Important to our analysis are the other portions of the Louisiana Governmental Claims Act. Louisiana Revised Statutes 13:5101 provides:
A. This Part shall be known and may be cited as the "Louisiana Governmental Claims Act".
B. This Part applies to any suit in contract or for injury to person or property against the state, a state agency, an off
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