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VINCENT v. CREED

No. 38,120-CW.

917 So.2d 1289 (2005)

Harold VINCENT, Plaintiff-Applicant, v. Johnny CREED, et al., Defendants-Respondents.

Court of Appeal of Louisiana, Second Circuit.

December 30, 2005.

Attorney(s) appearing for the Case

Harold Vincent, for In Proper Person.

Hon. Charles C. Foti, Jr., Attorney General, E. David Gilmer, Assistant Attorney Generals, Counsel for: Johnny Creed.

Before BROWN, C.J., WILLIAMS, STEWART, GASKINS, CARAWAY, PEATROSS, DREW, MOORE and LOLLEY, JJ., en banc.

BROWN, C.J.

The Louisiana Supreme Court has ordered this court to consider this writ application in light of Cheron v. LCS Corrections Services, Inc., 04-0703 (La.1/19/05), 891 So.2d 1250. This court ordered this matter to be considered en banc. For the following reasons, we conclude that the supreme court's reasoning in Cheron does not apply to the underlying facts. Instead, a prospective application of the...

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