Marlon Washington v. Sergeant Terry Lee Wilson; and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary
Marlon Washington v. Sergeant Terry Lee Wilson; and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary, No. 2021CW0641 (La. Ct. App. 1st Cir. Aug. 16, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Collins v. Vanny 169 So. 3d 405
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MARLON WASHINGTON NO. 2021 CW 0641
VERSUS
SERGEANT TERRY LEE WILSON;
AND STATE OF LOUISIANA
THROUGH LOUISIANA DEPARTMENT
OF PUBLIC SAFETY AND
CORRECTIONS, LOUISIANA STATE
PENITENTIARY
CONSOLIDATED WITH
WENDELL MARTIN
VERSUS
SERGEANT TERRY LEE WILSON;
AND STATE OF LOUISIANA
THROUGH LOUISIANA DEPARTMENT
OF PUBLIC SAFETY AND AUGUST 16, 2021
CORRECTIONS, LOUISIANA STATE
PRISON
In Re: Marlon Washington and Wendell Martin, applying for
supervisory writs, 20th Judicial District Court,
Parish of West Feliciana, No. 23655 c/ w 23750.
BEFORE: MaDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. We find no manifest error in the factual
findings of the district court. Further, based on the district
court' s finding that defendants' procedure was inadequate, we
find that plaintiffs, Marlon Washington and Wendell Martin, have
exhausted their administrative remedy procedures and remand is
unnecessary. See Collins v. Vanny, 2014- 0675 ( La. App. 1st Cir.
1/ 15/ 15), 169 So. 3d 405, 407. Accordingly, the district court' s
April 22, 2020 [ sic] judgment granting the exception of
prematurity filed
by defendants, Sergeant merry Lee Wilson and
State of Louisiana through Louisiana Department of Public Safety
and Corrections, Louisiana State Penitentiary, dismissing this
matter, and remanding it to Louisiana State Penitentiary is
reversed,
and the exception of prematurity is denied.
imm
WIL
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