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THOMAS v. STATE, DEPT. OF CORRECTIONS

No. 2005-CA-0959.

929 So.2d 769 (2006)

Willy Mae THOMAS v. STATE of Louisiana, Through the DEPARTMENT OF CORRECTIONS, Orleans Parish Criminal Sheriff's Department & City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

Newton T. Savoie, Savoie & Savoie Law Firm, LLC, Marrero, Counsel for Plaintiff/Appellant.

John F. Weeks, II, T. Allen Usry, Usry, Weeks & Matthews, New Orleans, Counsel for Defendant/Appellee.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES and Judge MAX N. TOBIAS Jr.)

JOAN BERNARD ARMSTRONG, Chief Judge.

The plaintiff, Willie Mae Thomas, appeals the summary judgment dismissal of her survival action and wrongful death claim on behalf of her son, Derrick Thomas ("Thomas" or "the deceased"), against Sheriff Charles C. Foti, Jr. ("the Sheriff"). We affirm.

The pertinent facts of this case are not in dispute. On September 5, 1997, Thomas was escorted to the nurse's clinic by a prison guard after he allegedly fainted. Thomas...

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