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5/15/01

SUPREME COURT OF LOUISIANA 00-C-2882 PHILLISA JACKSON, INDIVIDUALLY AND AS NATURAL TUTRIX OF DEANDRED JACKSON AND JARION JACKSON, AND SHAWANNA HUGHES VS STATE OF LOUISIANA THROUGH THE DEPT. OF CORRECTIONS; RICHARD STALDER, SECRETARY, LOUISIANA DEPT. OF CORRECTIONS, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE TRAYLOR, J.* We granted a writ of certiorari to consider whether the Department of Public Safety and Corrections (DPSC), and Richard Stalder, Secretary of DPSC, have a duty under the law regarding medical treatment for a state prisoner while housed at a parish facility operated by the local sheriff. For the reasons below, we reverse the judgment of the court of appeal granting the exception of no cause of action to the DPSC, affirm the judgment of the court of appeal granting the exception of no cause of action to Secretary Stalder, and remand to the trial court for further proceedings. FACTS AND PROCEDURAL HISTORY Philissa Jackson was sentenced to the custody of the State of Louisiana, through DPSC, by order of the Eighth Judicial District Court for the parish of Winn on June 19, 1996. She was subsequently incarcerated at the Avoyelles-Bordelonville Correctional Center for Women (ABCC) in Moreauville, Louisiana. According to the petition at issue in this suit, Ms. Jackson complained to the

Philip C. Ciaccio, Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; James L. Cannella, Associate Justice Ad Hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused.

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prison medical staff that she was unable to urinate while incarcerated at ABCC. Despite these complaints, she alleges that the medical staff took no action. Ms. Jackson finally sought assistance from defendant, Randy Normand, warden of ABCC, who also denied her request for medical treatment. When Jackson was finally treated, her condition had deteriorated to such an extent that she ultimately lost function in both of her kidneys. Ms. Jackson, along with her one major and two minor children filed suit, naming as defendants the DPSC; Secretary Stalder; the ABCC;1 Warden Randy Normand; Scottsdale Insurance Company; William O. Belt, Sheriff of Avoyelles Parish; and three nurses who worked at the ABCC. Plaintiffs then amended their petition to add the Avoyelles Parish Police Jury (Police Jury) as a defendant. The Police Jury subsequently filed an exception of no right of action and/or motion for summary judgment; Scottsdale filed a motion for summary judgment; and the DPSC and Secretary Stalder filed peremptory exceptions of no cause of action. The trial court denied the Police Jury's and Scottsdale's motions, but granted the exceptions as to the DPSC and Secretary Stalder. In its oral reasons for judgment, the trial court found Secretary Stalder had qualified immunity for discretionary functions under the two part test enunciated in Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727 (1982). The trial court further found that DPSC enjoyed statutory immunity pursuant to La. Rev. Stat. 42:1441.2
ABCC filed a dilatory exception of lack of procedural capacity, which was rendered moot by a voluntary dismissal without prejudice. La. Rev. Stat.

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