Lisa Sherman v. Luke Irwin, Individually and in his official capacity as former Slidell Police Officer, Randy Smith, Individually and in his official capacity as Former Chief of Police of Slidell, Louisiana, and the City of Slidell

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LISA SHERMAN NO. 2021 CW 0482

VERSUS

LUKE IRWIN, INDIVIDUALLY AND

IN HIS OFFICIAL CAPACITY AS
FORMER SLIDELL POLICE
OFFICER, RANDY SMITH,
INDIVIDUALLY AND IN HIS

OFFICIAL CAPACITY AS FORMER
CHIEF OF POLICE OF SLIDELL,
LOUISIANA, AND THE CITY OF JULY 19, 2021
SLIDELL

In Re: Randy Smith, individually and in his official capacity
as former Chief of Police of Slidell, Louisiana,

applying for
supervisory writs, 22nd Judicial District

Court, Parish of St. Tammany, No. 202015310.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED. The trial court erred by denying the

peremptory exception raising the objection of prescription filed
by relator, Randy Smith, individually and in his official

capacity as former Chief of Police for the City of Slidell. The
plaintiff' s negligence causes of action against relator, arising
out of his purported failure to supervise an officer and failure
to prevent further sexual abuse by the officer, do not fall
within the purview of La. Civ. Code art. 3496. 2, which provides

a three- year prescriptive period in "[ a] delictual action

against a person for any act of sexual assault." Instead, the

plaintiff' s tort claims against relator are governed by La. Civ.

Code art. 3492, which is applicable to general negligence

actions, and are subject to a one- year prescriptive period. It
is evident from the face of the plaintiff' s state court petition
that her causes of action against relator prescribed no later
than February 1, 2017; thus, her first petition, filed in
federal court in April 2017, was untimely. The judgment signed

on April 25, 2021 is reversed. The exception of prescription

filed by Randy Smith, individually and in his official
capacity
as former Chief of Police for the City of Slidell, is granted.

Since the grounds for the exception of prescription cannot be
removed through amendment,
opportunity to amend is not

warranted, and the plaintiff' s suit against Randy Smith,

individually and in his official capacity as former Chief of
Police for the City of Slidell, is dismissed with prejudice. See
La. Code Civ. P. art. 934.

VGW
JEW
EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT