Dawn Elayne Seif, Individually and obo her minor child, James Andrew Seif, Lisa Blaylock, Individually and obo her minor children, Annabelle Ruth Blaylock and Evelyn Marie Blaylock, Destiny Flynn, Individually and obo her minor child Leilani M. Flynn, Lui v. State of Louisiana through the Military Department and Louisiana National Guard

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DAWN ELAYNE SEZF, INDIVIDUALLY AND OBO NO. 2020 CW 0385

HER MINOR CHILD, JAMES ANDREW SEIF,
LISA BLAYLOCK, INDIVIDUALLY AND OBO HER
MINOR CHILDREN ANNABELLE RUTH BLAYLOCK
AND EVELYN MARIE BLAYLOCK, DESTINY

FLYNN, INDIVIDUALLY AND OBO HER MINOR
CHILD LEILANI M. FLYNN, LIUSA BAWOL,

JENNA KEMP, INDIVIDUALLY AND OBO HER

MINOR CHILDREN MAKENZIE KEMP AND WESLEY
KEMP

VERSUS

STATE OF LOUISIANA THROUGH THE MILITARY SEPTEMBER 21, 2020
DEPARTMENT AND LOUISIANA NATIONAL GUARD

In Re: State of Louisiana through the Military Department and
Louisiana National Guard, applying for supervisory
writs, 19th Judicial District Court, Parish of East

Baton Rouge, No. 646648.

BEFORE: WELCH, HIGGINBOTHAM, AND LANIER, JJ.

WRIT GRANTED. The district court' s April 2, 2020 judgment

is reversed. Plaintiffs' claims, all of which arise out of or

are in the course of activity incident to service, are barred
from civil adjudication in accordance with Feres v. United

States, 340 U. S. 135, 143- 44, 71 S. Ct. 153, 158, 95 L. Ed. 152

1950). See also Morris v. Thompson, 852 F. 3d 416, 420 ( 5th

Cir. 2017), cert. denied, U. S. f 138 S. Ct. 203, 199

L. Ed. 2d 114 ( 2017) & Matreale v. New Jersey Dept. of Military &
Veterans Affairs, 487 F. 3d 150, 156 ( 3d Cir. 2007), cert.

denied, 552 U. S. 1099, 128 S. Ct. 899, 169 L. Ed. 2d 728 ( 2008).

Moreover, Louisiana Revised Statutes 29: 23. 1( B) provides

n] either Civil Code Article 2320 nor any other law imposing
liability on a master for the offenses and quasi offenses of his
servant shall impose liability on the state or any branch,
department, office, agency, commission, or any officer,

official, or employee thereof for any acts or omissions

committed on or by any members of the
after December 29, 1981,
National Guard while engaged in training or duty under 32 U. S. C.
316, 502, 503, 504, or 505[.]" Accordingly, summary judgment is
granted in favor of defendants, State of Louisiana through the

Department Louisiana National Guard, and
Military and

plaintiffs' claims against them are dismissed.

JEW
TMH
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERk OF COURT
FOR THE COURT