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HARRIS v. STIMAC

No. 99 CA 2070.

768 So.2d 265 (2000)

Pamela Russell HARRIS, Individually and on Behalf of Jamie Mascarella v. Jeremy STIMAC, the State of Louisiana, Through the Department of Public Safety and Corrections, and Ann Stimac.

Court of Appeal of Louisiana, First Circuit.

September 22, 2000.

Attorney(s) appearing for the Case

Victor L. Marcello, Gonzales, for Plaintiffs —Appellants Pamela Russell Harris, Individually, and on Behalf of Jamie Mascarella.

Richard P. Ieyoub, Attorney General, John H. Ayres, III, Baton Rouge, for State—Appellee State of Louisiana, Through the Department of Public Safety and Corrections.

Before: WHIPPLE and FOGG, JJ., and BECNEL, J. Pro Tem.

FOGG, J.

The issue raised on appeal in this personal injury action is whether the State of Louisiana, Department of Public Safety and Corrections/Division of Youth Services (DPSC) can be held liable for the unintentional, tortious actions of minors who are in its custody.

At age fourteen, Jeremy Wendt2 was charged with burglary of a delivery truck and with simple burglary of an inhabited dwelling. Pursuant to a plea bargain, the...

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