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SUPREME COURT OF LOUISIANA
No. 98-CC-2821 ABEL JACK HARDY, JR. ET AL Versus BRIAN Q. BOWIE, ET AL ON WRIT OF CERTIORARI TO THE COURT OF APPEAL , THIRD CIRCUIT, PARISH OF LAFAYETTE VICTORY, J.* At issue in this case is whether the public duty doctrine applies to insulate the City of Lafayette from liability where the Lafayette Police Department failed to prevent a fatal shooting. After reviewing the record and the applicable law, we reverse the judgment of the court of appeal, which denied the City of Lafayette's motion for summary judgment, and, applying the traditional duty-risk analysis, hold that the police officers did not act negligently. FACTS AND PROCEDURAL HISTORY This case arises out the death of Christopher Scott Hardy, who was shot and killed during an altercation with defendant, Brian Bowie1, in the McKinley Strip area in Lafayette on August 22, 1993. The depositions submitted in support of the opposition to the instant motion established that the McKinley Strip area is an area known to be a popular college hangout near the University of Southwestern Louisiana. On any particular weekend the crowd at the Strip can number between 400 and 500 people. Because the area contains several bars that are required by law to close at 2:00 am, officers from the Lafayette Police Department are on duty to enforce bar closure, traffic control and DWI laws. On the night of the incident, four Lafayette Police Department officers were on duty.
*

Marcus, J., not on panel. Rule IV, Part 2,

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