Derrick Jerome Allen v. Stewart Hughes and Kaci Gonzales ( 2023 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DERRICK JEROME ALLEN NO. 2023 CW 1055 VERSUS STEWART HUGHES AND KACI NOVEMBER 27, 2023 GONZALES In Re: Derrick Jerome Allen, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 24736. BEFORE: GUIDRY, C.J., THERIOT, CHUTZ, LANIER AND WOLFE, JJ. WRIT DENIED. MRT WRC EW Guidry, C.J., and Lanier, J., dissent and would vacate and remand to the district court with instructions to rule upon the plaintiff's pauper motion pursuant to La. Code Civ. P. art. 5181, et seq. We find the petition filed by the plaintiff, Derrick Jerome Allen, against the defendants, Stewart Hughes and Kaci Gonzales, does not constitute a "prisoner suit" under the Prison Litigation Reform Act, La. R.S. 15:1181, et seq., because it does not involve "conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison." La. R.S. 15:1181(2). •• COURT OF APPEAL, FIRST CIRCUIT ()l.~.o DEPUTY CLERK OF COURT FOR THE COURT