Calvin J. Cooks and Lashana Cooks, Individually and on behalf of their minor children, R.W., J.W., C.C., and D.C. v. Varick Taylor, Sr., Individually and in his Official Capacity as a Thibodaux City Councilman, Varick Taylor, Jr., Individually and in his Official Capacity as a Thibodaux Police Officer, Tommy Eschete, Individually and in his Official Capacity as Mayor of

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CALVIN J. COOKS AND LASHANA COOKS, NO. 2019 CW 0688
INDIVIDUALLY AND ON BEHALF OF THEIR
MINOR CHILDREN, R. W., J. W., C. C., PAGE 1 OF 2

AND D. C.

VERSUS

VARICK TAYLOR, SR., INDIVIDUALLY AND
IN HIS OFFICIAL CAPACITY AS A
THIBODAUX CITY COUNCILMAN, VARICK
TAYLOR, JR., INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS A THIBODAUX
POLICE OFFICER, TOMMY ESCHETE,
INDIVIDUALLY AND IN HIS OFFICIAL
CAPACITY AS MAYOR OF THIBODAUX,
JAMEY FONTENOT, INDIVIDUALLY AND IN
HIS OFFICIAL CAPACITY AS A THIBODAUX
POLICE OFFICER AND AS CHIEF OF ST.
JOHN VOLUNTEER FIRE DEPARTMENT,
RICKY ROSS, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS THIBODAUX
POLICE OFFICER, SCOTT SILVERII,
INDIVIDUALLY AND IN HIS OFFICIAL SEP 3 0 2019
CAPACITY AS CHIEF OF THE THIBODAUX
POLICE, SHONTELL CLARK, AA DOE TIRE
SLASHER, BB DOE, AND CC DOE

In Re: Tommy Eschete and Scott Silverii, for
applying
supervisory writs, 17th Judicial District Court,
Parish of Lafourche, No. 121812.

BEFORE: McDONALD, THERIOT, AND GHUTZ, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The trial court

abused its discretion in refusing to admit the affidavit of

Tommy Eschete attached to the Motion for Judgment
Summary of

Tommy Eschete and Scott Silverii as Exhibit F, where the
plaintiff made no written objection to this affidavit. La. Code
Civ. P. art. 966( D)( 2). The trial court abused its discretion
in refusing to admit the affidavit of Scott Silverii attached to
the Motion for Judgment
Summary as Exhibit G, where the
statements contained therein are not offered herein for the
truth of the matter asserted. The trial court abused its
discretion in refusing to admit Paragraphs 1- 4 of the
affidavit of Ricky Ross attached to the Motion for Summary
Judgment as Exhibit H and the statement Williams
of
Brandy
attached to Ricky Ross' s affidavit as RR# 1, where Ricky Ross
took and had personal knowledge of the statement of
Brandy
Williams which is not offered herein for the truth of the matter
asserted. The trial court abused its
discretion in refusing to
admit
the affidavit of Bradley Trosclair attached to the Motion
for Summary Judgment as Exhibit I and Investigative Report, CID
069- 11 attached to Bradley Trosclair' s affidavit as BT# 1, where

Bradley Trosclair prepared and has personal knowledge of the
report which is not offered herein for the truth of the matter
asserted. The trial court abused its discretion in admitting
the evidence attached to the opposition to the Motion for

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2019 CW 0688

PAGE 2 OF 2

Summary Judgment of Calvin Cooks as Exhibit G, where the
unauthenticated documents do not fall within the exclusive list
of documents that may be filed with a motion for summary
judgment, as set forth in La. Code Civ. P. art. 966( A)( 4).

Accordingly, the trial court' s judgment, refusing to admit

into evidence Exhibits F, G, H,
to the Motion for Summaryand I

Judgment and admitting into evidence Exhibit G to the opposition
to the Motion for Summary Judgment, is reversed. Exhibits F, G,
H, and I to the Motion for Summary Judgment are admitted for
purposes of this Motion for Summary Judgment, and Exhibit G to
the opposition to the Motion for Summary Judgment is not

admitted for purposes of this Motion for Judgment.
Summary In
all other respects, the writ is denied, and the trial court' s
judgment rendered in open court on March 20, 2019 and signed on
March 22, 2019 denying the Motion for Summary Judgment filed by
Tommy Eschete and Scott Silverii is maintained.

imm
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

EPUTY C ERIK OF COURT
FOR THE COURT