Cited by

Opinions in Louisiana that cite Parker v. State, 282 So. 2d 483.

30 citing documents.

Norman Dean v. Sgt. S. Jackson Sgt. Jackson Sgt. Williams and State of Louisiana through the Louisiana Department … La. Ct. App. 1st Cir. 2022
At the conclusion of the hearing, the trial court granted the defendants' motion, finding no genuine issues of material fact and stating: Because I cannot get past the first prong of the mandated analysis in Parker [ v. State, ( La.
Michel Jackson Miller, Individually And As Natural Tutrix Of Her Minor Son v. The State Of Louisiana, Department … La. 2021
Pete v. State 256 So. 3d 983 La. 2018
1996) ; and Parker v. State , (La.
Alvin Pete v. State of Louisiana, Department of Corrections La. Ct. App. 3d Cir. 2018
Pete v. State 247 So. 3d 1084 La. Ct. App. 1st Cir. 2018
Breaux v. State , , 482 (La.1976) ; Parker v. State , , 487 (La.), cert.
Morris v. Union Parish Police Jury 902 So. 2d 1276 La. Ct. App. 2d Cir. 2005
Peggy Harrison and Raymond Hymes v. Natchitoches Parish Sheriff's Dept. La. Ct. App. 3d Cir. 2004
LAW AND DISCUSSION Two Louisiana Supreme Court cases, and Jackson v. Phelps, 95-2294 (La.
Harrison v. Natchitoches Parish Sheriff's Dept. 896 So. 2d 101 La. Ct. App. 1st Cir. 2004
Court cases, and Jackson v. Phelps, 95-2294 (La.4/8/96), , discuss the applicable burden of proof to establish a penal institution is negligent in protecting inmates.
State Ex Rel. Jackson v. Phelps 672 So. 2d 665 La. 1996
Brewer v. State, ex rel. Department of Corrections 618 So. 2d 991 La. Ct. App. 1st Cir. 1993
Walker v. Foti 530 So. 2d 661 La. Ct. App. 1st Cir. 1988
Noting that a penal institution is not an absolute insurer of the safety of the inmates, the trial court stated that a prison authority is held to a standard of reasonable care, and in order to hold the authority liable, the complainant must show that the prison authority knew or had *662 reason to anticipate that harm would ensue and failed to use reasonable care in preventing the harm.
Anderson v. Phelps 451 So. 2d 1284 La. Ct. App. 1st Cir. 1984
Moore v. Foti 440 So. 2d 530 La. Ct. App. 1st Cir. 1983
Walden v. State 430 So. 2d 1224 La. Ct. App. 1st Cir. 1983
McGee v. State Through Dept. of Corrections 417 So. 2d 416 La. Ct. App. 1st Cir. 1982
Neathery v. STATE, ETC. 395 So. 2d 407 La. Ct. App. 3d Cir. 1981
*410 set forth the legal duty imposed upon penal authorities for the protection of inmates against attacks by other inmates, stating at page 486: "A penal institution is not an insurer of an inmate against attacks by other inmates.
White v. Phelps 387 So. 2d 1188 La. Ct. App. 1st Cir. 1980
Shields v. State Through Dept. of Corrections 380 So. 2d 123 La. Ct. App. 1st Cir. 1979
Lewis v. Listi 377 So. 2d 551 La. Ct. App. 3d Cir. 1979
In fact, wherein the court stated: "A penal institute is not an insurer of an inmate against attacks by other inmates."
Betsch v. State 353 So. 2d 358 La. Ct. App. 1st Cir. 1977
The applicable rule of law in Parker v. State, La., (1973), was reaffirmed by the Supreme Court in Breaux: “A penal institution is not an insurer of an inmate against attacks by other inmates.
Davis v. State, Through Dept. of Corrections 356 So. 2d 452 La. Ct. App. 1st Cir. 1977
Williams v. STATE THROUGH DEPT. OF COR. 351 So. 2d 1273 La. Ct. App. 1st Cir. 1977
as follows: "A penal institution is not an insurer of an inmate against attacks by other inmates.
Jones v. State, Through Dept. of Institutions 346 So. 2d 807 La. Ct. App. 1st Cir. 1977
*808 as follows: "A penal institution is not an insurer of an inmate against attacks by other inmates.
Walker v. STATE, THROUGH DEPT. OF CORRECTIONS 346 So. 2d 794 La. Ct. App. 1st Cir. 1977
(1973), the Supreme Court of this state said: "A penal institution is not an insurer of an inmate against attacks by other inmates.
Breaux v. State 326 So. 2d 481 La. 1976
*482 We granted certiorari, La., (1975)
Raney v. STATE, DEPT. OF CORRECTIONS 322 So. 2d 890 La. Ct. App. 1st Cir. 1975
1st Cir. 1975), wherein we stated that: "Under the facts in Parker [ ], the Supreme Court held that the issue was not one of absolute liability under the statutes but was whether or not the prison officials had adhered to a standard of care that is reasonable."
Breaux v. State 314 So. 2d 449 La. Ct. App. 1st Cir. 1975
Julian v. State, La.App., , and more recently reiterated and reapplied by the Supreme Court in Parker v. State, La., .
Craft v. State 319 So. 2d 441 La. 1975
Myles v. Falkenstein 317 So. 2d 292 La. Ct. App. 4th Cir. 1975
Craft v. State 308 So. 2d 290 La. Ct. App. 1st Cir. 1975
Finally, unconstitutional as violative of her son's rights under the 8th and 14th amendments to the Federal Constitution.