Brittany Warren, obo Brennan Leblanc v. Trooper Andre Raoul Bezou, State of Louisiana through Louisiana Department of Public Safety and Corrections, Office of State Police ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BRITTANY WARREN; OBO BRENNAN NO. 2023 CW 0179
LEBLANC
VERSUS PAGE 1 OF 2
TROOPER ANDRE RAOUL BEZOU
STATE OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND
JULY 27, 2023
CORRECTIONS OFFICE OF THE
LOUISIANA STATE POLICE
In Re: Trooper Andre Raoul Bezou and the State of Louisiana,
through the Louisiana Department of Public Safety and
Corrections, Office of State Police, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 687418.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
WRIT GRANTED. The district 8, 2023
court' s February
judgment denying the motion for judgment filed
summary by
Defendants, Trooper Andre Raoul Bezou, State of Louisiana,
through the Louisiana Department Public
of
Safety and
Corrections, and Office of State Police, is hereby reversed.
The Louisiana Supreme Court has held that qualified immunity
under La. R. S. 9: 2798. 1 is " clear and unambiguous" and applies
to "
policymaking or discretionary acts when such acts are within
the course and scope of ... lawful powers and
duties." See Simmons v. Hughes, 2019- 1389 ( La. 1st Cir.
App.
11/ 25/ 20), 316 So. 3d 488 ( applying La. R. S. 9: 2798. 1 to an
excessive force claim), citing Gregor v. Axgenot Great Central
Insurance Company, 2002- 1138 ( La. 5/ 20/ 03), 851 So. 2d 959,
967; Herrera v. First National Insurance Company of America,
2015- 1097 ( La. App. 1st Cir. 6/ 3/ 16), 194 So. 3d 807, 814, writ
denied, 2016- 1278 ( La. 10/ 28/ 16), 208 So. 3d 885. However, the
immunity provided by La. R. S. 9: 2798. 1 is not applicable to the
defendants if their actions constituted " criminal, fraudulent,
malicious, intentional, willful, outrageous, reckless, or
flagrant misconduct." La. R. S. 9: 2798. 1( C)( 2).
Pursuant to the evidence submitted, Trooper Bezou initiated
a traffic stop on a truck driven by Mr. LeBlanc. Trooper Bezou
requested Mr. Leblanc' s identification. Mr. LeBlanc indicated
he was retrieving the identification from his vehicle, but
instead reached for the ignition and drove the truck away while
Trooper Bezou clung to the side of Mr. LeBlanc' s truck. Trooper
Bezou commanded Mr. LeBlanc to stop the vehicle multiple times,
and when the vehicle did not stop, Trooper Bezou discharged his
firearm.
Our review of the record indicates that the Defendants
established their entitlement to qualified immunity and pointed
out the absence of factual support for the contention that the
Defendants' actions constituted " criminal, fraudulent,
malicious, intentional, willful, outrageous, reckless, or
flagrant misconduct" based on the the
totality of facts and
circumstances of this case. Plaintiff failed to produce factual
NO. 2023 CW 0179
PAGE 2 OF 2
support sufficient to establish the existence of a genuine issue
of material fact or that Defendants are not entitled to judgment
as a matter of law. Therefore, the Defendants are entitled to
statutory immunity pursuant to La. R. S. 9: 2798. 1. The motion
for summary judgment filed by Defendants, Trooper Andre Raoul
Bezou, State of Louisiana, through the Louisiana Department of
Public Safety and Corrections, and Office of State Police is
granted, and the claims asserted by Plaintiff, Brittany Warren,
on behalf of Brennan LeBlanc, are dismissed with prejudice.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
ck.)
DEPUTY CLERK OF COURT
FOR THE COURT