Derrick Jerome Allen v. Stewart Hughes and Kaci Gonzales

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DERRICK JEROME ALLEN NO. 2023 CW 1055

VERSUS
STEWART HUGHES AND KACI NOVEMBER 27, 2023
GONZALES

In Re: Derrick Jerome Allen, applying for supervisory writs,
20th Judicial District Court, Parish of West
Feliciana, No. 24736.

BEFORE: GUIDRY, C.J., THERIOT, CHUTZ, LANIER AND WOLFE, JJ.

WRIT DENIED.

MRT
WRC
EW

Guidry, C.J., and Lanier, J., dissent and would vacate and
remand to the district court with instructions to rule upon the
plaintiff's pauper motion pursuant to La. Code Civ. P. art.
5181, et seq. We find the petition filed by the plaintiff,
Derrick Jerome Allen, against the defendants, Stewart Hughes and
Kaci Gonzales, does not constitute a "prisoner suit" under the
Prison Litigation Reform Act, La. R.S. 15:1181, et seq., because
it does not involve "conditions of confinement or the effects of
actions by government officials on the lives of persons confined
in prison." La. R.S. 15:1181(2). ••

COURT OF APPEAL, FIRST CIRCUIT

()l.~.o
DEPUTY CLERK OF COURT
FOR THE COURT