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LACERTE v. STATE

2019 CA 1401.

317 So.3d 763 (2021)

David LACERTE v. STATE of Louisiana, Daryl Purpera, Individually and in His Official Capacity as Louisiana Legislative Auditor, Stephen Street, Jr., Individually and in his Official Capacity as State Inspector General.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: January 4, 2021.

Attorney(s) appearing for the Case

Jill L. Craft , W. Brett Conrad , Baton Rouge, Louisiana, Counsel for Plaintiff/Appellant, David LaCerte.

Jeff Landry , Louisiana Attorney General, Baton Rouge, Louisiana /and/ Andre Charles Castaing , David G. Sanders , Baton Rouge, Louisiana /and Thomas M. Flanagan , Camille E. Gauthier , New Orleans, Louisiana, Counsel for Defendants/Appellees, State of Louisiana & Daryl G. Purpera, individually & in his official capacity as Louisiana Legislative Auditor.

Jeff Landry , Louisiana Attorney General, Baton Rouge, Louisiana /and/ Preston J. Castille, Jr. , Vicki M. Crochet , Ne'Shira Millender , Katia D. Bowman , Baton Rouge, Louisiana, Counsel for Defendant/Appellee, Stephen Street, Jr., individually & in his official capacity as State Inspector General.

BEFORE: WHIPPLE, C.J., GUIDRY, WELCH, THERIOT AND WOLFE, JJ.

This appeal primarily concerns whether the State of Louisiana, the Louisiana Legislative Auditor and the State Inspector General have constitutionally protected rights to freedom of speech such that these defendants can satisfy their initial burden of proof under La. Code Civ. P. Art. 971, Louisiana's special motion to strike.

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