Raymond Scott, Et Al. v. Louisiana State Police, Et Al.

Supreme Court of Louisiana
January
09, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RAYMOND SCOTT, ET AL.
VS.
LOUISIANA STATE POLICE, ET AL.
No. 2024-CD-01591
_ _ _ _
_ _
IN RE
: Louisiana State Police - Applicant Defendant; Louisiana Department of
Wildlife and Fisheries - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Civil, Civil District Court Number(s) 2024-09816;
_ _ _ _ _ _
January 09, 2025
Writ application granted. See per curiam.
Weimer, C.J., dissents and assigns reasons.
McCallum, J., concurs and assigns reasons.
Griffin, J., dissents for reasons assigned by Chief Justice Weimer.
Guidry, J., dissents.
JDH
JTK
WJC
01/09/2025 "See News Release 001 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2024-CD-01591
R
AYMOND SCOTT, ET AL.
VS.
LOUISIANA STATE POLICE, ET AL.
On
Supervisory Writ to the Civil District Court, Parish of Orleans Civil
P
ER CURIAM:
R
elators, the Louisiana State Police and the Louisiana Department of
Wildlife and Fisheries, invoke our supervisory jurisdiction to review a December
13, 2024 judgment of the district court enjoining relators from taking action to clear
homeless encampments on public property in the City of New Orleans. Considering,
the interests of judicial economy, the need to provide a definitive resolution of this
issue and the possibility of a constitutional infringement, we elect to exercise our
plenary supervisory authority under La. Const. Art. V, §5(a). See Unwired Telecom
Corp. v. Par. of Calcasieu, 2003 -0732, p. 8 (La. 1/19/05), 903 So. 2d 392, 400
(explaining “the constitutional grant of supervisory authority to this court is plenary,
unfettered by jurisdictional requirements, and exercisable at the complete discretion
of the court”); see also Mellor v. Parish of Jefferson, 2022-01713 (La. 9/1/23), 370
So. 3d 388, 391 (explaining this court may exercise its plenary authority “based on
the possibility of a constitutional infringement”).
Article VI, §9(B) of the Louisiana Constitution, entitled “Limitations of
Local Governmental Subdivisions,” provides “[n]otwithstanding any provision of
this Article, the police power of the state shall never be abridged.” We have
recognized this article was added to the constitution as a counterbalance to ensure
that the powers granted to home rule governments would not be used to deprive the
01/09/25

state government of its inherent powers. Morial v. Smith & Wesson Corp ., 2000-
1132 (La. 4/3/01), 785 So. 2d 1, 14. This section has also been characterized as “a
positive reaffirmance of the supremacy of the state ’s police power.” Lafourche
Parish Council v. Autin, 94–0985, p. 18 (La.12/9/94), 648 So.2d 343, 357.
The district court’s December 13, 2024 judgment places restraints on relators
by requiring them to comply with certain provisions of the Code of the City of New
Orleans and invoke “judicial process” before acting. It is clear this judgment
improperly interferes with the State’s exercise of its constitutionally authorized
police powers under La. Const. Art. VI, §9(B). Accordingly, the injunction is invalid
on its face and must be dissolved.

DECREE
For the reasons assigned, the writ is granted and made peremptory. It is
ordered that the motions of the Louisiana State Police, the Louisiana Department of
Wildlife and Fisheries, and the Louisiana Department of Transportation and
Development to dissolve the temporary restraining order s are granted. It is further
ordered that the December 13, 2024 judgment issuing a preliminary injunction
against the Louisiana State Police and the Louisiana Department of Wildlife and
Fisheries, is reversed, and the injunction is immediately dissolved.