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LOUISIANA STATE BD. OF NURSING v. GAUTREAUX

No. 2009 CA 1758.

39 So.3d 806 (2010)

LOUISIANA STATE BOARD OF NURSING v. Sheriff Sid J. GAUTREAUX, III, In his Official Capacity as East Baton Rouge Parish Sheriff and Hillar C. Moore, III, In his Official Capacity as District Attorney for the 19th Judicial District, Parish of East Baton Rouge.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 21, 2010.

Attorney(s) appearing for the Case

E. Wade Shows, Jeffrey K. Cody, Baton Rouge, LA, for Plaintiff/Appellant, Louisiana State Board of Nursing.

Mary G. Erlingson, Catherine S. St. Pierre, Baton Rouge, LA, for Defendant/Appellee, Sheriff Sid J. Gautreaux.

Dale R. Lee, Baton Rouge, LA, for Defendant/Appellee, District Attorney Hillar C. Moore, III.

Before WHIPPLE, HUGHES, and WELCH, JJ.

HUGHES, J.

This is an appeal from the denial of injunctive and declaratory relief sought by the Louisiana Board of Nursing ("Nursing Board") to compel the production of records by the East Baton Rouge Parish Sheriff ("Sheriff) and the District Attorney for the Nineteenth Judicial District ("D.A."). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On April 10, 2009 a nurse working at a Baton Rouge area hospital allegedly sexually...

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