Michael Fox v. Sgt. Eric Burch and State of Louisiana through Louisiana Department of Public Safety and Corrections, Rayburn Correctional Center

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MICHAEL FOX NO. 2021 CW 0808

VERSUS

SGT. ERIC BURCH AND STATE OF
LOUISIANA THROUGH LOUISIANA
DEPARTMENT OF PUBLIC SAFETY OCT 12 2021
AND CORRECTIONS, RAYBURN
CORRECTIONAL CENTER

In Re: Michael Fox, applying for supervisory writs, 22nd
Judicial District Court, Parish of Washington, No.
114823.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY DENIED; WRIT GRANTED. The district court' s judgment,
which granteddeclinatory exception of insufficient service
the

of process filed by defendants, Sergeant Eric Burch and State of
Louisiana through Louisiana Department of Public Safety and

Corrections, Rayburn Correctional Institute, is reversed. La.
R. S. R. S. 39: 1538 does not require that the Office of Risk

Management be served with citation and process, but only that it
be served with process. Accordingly, the declinatory exception
of insufficient service of process filed by defendants is
denied.

JMG
GH

WRC

COURT OF APPEAL, FIRST CIRCUIT

DF7T,t CLERK OF COURT
FOR THE COURT