2021CW0641 Nonprecedential Writ granted Processed

Marlon Washington v. Sergeant Terry Lee Wilson; and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary

Louisiana Court of Appeal, First Circuit · Filed August 16, 2021

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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
EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT

FOR THE COURT