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SIMMONS v. TURNER

No. CW 04-374.

888 So.2d 357 (2004)

Mr. Darryl J. SIMMONS, et al. v. Sheriff Hal TURNER, et al.

Court of Appeal of Louisiana, Third Circuit.

November 17, 2004.

Attorney(s) appearing for the Case

Errol D. Deshotels, Deshotels, Mouser & Deshotels, Oberlin, LA, Donna U. Grodner, Charlotte C. McDaniel, Grodner & Associates, Baton Rouge, LA, for Plaintiffs/Applicants: Darryl J. Simmons, Katie D. Simmons, Wilton Simmons, III, Wilton Simmons, Jr.

David R. Lestage, Hall, Lestage & Landreneau, DeRidder, LA, for Defendants/Respondents: Deputy Ronald McGee, Deputy Damion Gradney, Deputy Harold Barnett, Deputy Scott Elam, Allen Parish Sheriff's Office, Sheriff Hal Turner, Sargent Jason Gary.

Court composed of BILLIE COLOMBARO WOODARD, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

The plaintiffs filed suit seeking damages related to the death of their father while he was in the custody of the Sheriff of Allen Parish. The Sheriff, the Sheriff's Department, and several deputies were named as defendants. Following the plaintiffs' request for a jury trial, the defendants filed a motion to strike alleging that a jury trial was unavailable pursuant to the Louisiana Governmental Claims Act, La.R.S. 13:5101, et seq. The trial court...

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