2024CW1111 Nonprecedential Processed

Kendrick Lacoste and Kenneth Lacoste v. State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Prison

Louisiana Court of Appeal, First Circuit · Filed February 10, 2025

Opinion text

4OU414 A

KENDRICK LACOSTE, AND NO. 2024 CW 1111
KENNETH LACOSTE

VERSUS

STATE OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF

PUBLIC SAFETY AND FEBRUARY 10, 2025
CORRECTIONS LOUISIANA STATE
PRISON

In Re: State of Louisiana, through the Department of Public

Safety & Corrections, Sgt. Benjamin Barnes, Cadet
Quatangelia Anderson, Lt. Tammy McDonald, and Sgt. Twyla
Ware, applying for supervisory writs, 20th Judicial
District Court, Parish of West Feliciana, No. 23344.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY, 1 JJ.

WRIT GRANTED WITH ORDER. The district court' s October 28,

2024 judgment that denied the motion for summary judgment filed by
defendants, State of Louisiana, through the Department of Public

Safety & Corrections, Sgt. Benjamin Barnes, Cadet Quatangelia
Anderson, Lt. Tammy McDonald, and Sgt. Twyla Ware, is vacated.

Defendants raised objections to the evidence submitted by the
plaintiffs; however, the district court failed to rule on the

admissibility of such evidence. La. Code Civ. P. art. 966( D)( 2)
provides that the court "
shall specifically state on the record or
in writing whether the court sustains or overrules the objections
raised." This matter is remanded to the district court for
compliance with La. Code Civ. P. art. 966( D) ( 2), and a ruling on
the motion for summary judgment filed by the defendants after

determination of any evidentiary issues, pursuant to La. Code Civ.
P. art. 966 ( D) ( 2) .

COURT OF APPEAL, FIRST CIRCUIT

DnUTY CLERK OF COURT
FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First
Circuit, by special appointment of the Louisiana Supreme Court.