James G. Lipscomb v. State of Louisiana through the Department of Transportation & Development
Also decided on this docket: La. Ct. App. 1st Cir., February 5, 2024
James G. Lipscomb v. State of Louisiana through the Department of Transportation & Development, No. 2023CW1173 (La. Ct. App. 1st Cir. Jan. 18, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Briggs v. Fla. Parishes Juvenile Justice Comm'n 244 So. 3d 438
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JAMES G. LIPSCOMB NO. 2023 CW 1173
VERSUS
STATE OF LOUISIANA THROUGH JANUARY 18, 2024
THE DEPARTMENT OF
TRANSPORTATION & DEVELOPMENT
In Re: State of Louisiana, through the Department of
Transportation and Development, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 667307.
BEFORE: GUIDRY, C.J., WELCH, CHUTZ, LANIER . AND WOLFE, JJ.
WRIT GRANTED. The trial court's August 16, 2023 judgment
denying the exception of prescription filed by the State of
Louisiana, through the Department of Transportation and
Development, is reversed. Louisiana Revised Statute 23: 303 (D)
expressly provides that the one- year prescription applicable to
claims filed pursuant to the Louisiana Employment Discrimination
Act shall be " suspended during the pendency of any
administrative review or investigation" and shall last no longer
than six months. The effect of a suspension of prescription is
provided in La. C.C. art. 3472, which states "[ t]he period of
suspension is not counted toward accrual of prescription.
Prescription commences to run again upon the termination of the
period of suspension." Thus, plaintiff had, at most, 18 months
from the occurrence forming the basis of his claim to file
suit. Briggs v. Florida Juvenile Justice Commission, 2017-1189
La. App. 1st Cir. 3/12/18), 244 So.3d 438. Plaintiff's claims
regarding his alleged demotion on June 15, 2016, and his claims
for failure to promote in August 2016, prescribed on December
15, 2017 and February 28, 2018, respectively. Plaintiff
filed this action on March 15, 2018. Therefore, those claims are
prescribed under the statute. We hereby grant the exception of
prescription filed by State of Louisiana, Department of
Transportation and Development for plaintiff's claims which
occurred prior to September 15, 2016.
WRC
WIL
EW
Guidry, C .J. and Welch, J., dissent and would deny the
writ.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT