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OSWALD v. SMITH (2021)

Supreme Court of Louisiana.2021-03-23No. No. 2021-CC-00160

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Writ application denied.

I would grant and docket this application to examine the issue of whether a now-terminated deputys wrongdoing is an employment issue subject to an internal affairs investigation in the discretion of the Sheriff or whether the Sheriff has a duty to report a former deputys wrongdoing to the district attorney. In my view, the issue of duty is critical to a determination of whether the defendant is entitled to summary judgment as a matter of law. See La. C.C.P. art. 966.

Crichton, J., would grant and docket and assigns reasons.

McCallum, J., would grant and docket for the reasons assigned by Justice Crichton.