84 So. 3d 705
La. Ct. App.2012Background
- Plaintiffs Johnnie Thomas Gunter and Lorritta LaCoste, as natural tutor of her minor, Casey Elizabeth LaCoste, sue Lake Arthur and officers for wrongful death and survival actions arising from Steven Gunter's death on June 9, 2007.
- Plaintiffs allege the Lake Arthur defendants were negligently trained and responded negligently to a domestic-dispute incident, causing Gunter's death.
- Defendants moved for summary judgment on liability, offering affidavits and depositions as evidence.
- Plaintiffs opposed with additional depositions, logs, affidavits, and video evidence, asserting negligence and improper training.
- Trial court granted the motion for summary judgment after a hearing, approving a reasons-for-ruling that officers acted reasonably and that the town attempted peaceable, non-confrontational resolution.
- Judgment dismissing plaintiffs' claims was entered May 27, 2011, and plaintiffs appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of discovery before summary judgment | Gunter argues discovery was incomplete and premature grant. | Lake Arthur contends discovery not required to delay; no genuine issues of material fact remain. | No reversible error; discovery adequacy not shown; judgment proper. |
| Whether Defendants’ training and conduct support negligence | LaCoste argues lack of written policy and training shows breach of duty. | Defendants contend POST certification and reasonable actions under total circumstances foreclose negligence. | No genuine issue of material fact; trial court correct to grant summary judgment. |
| Duty-risk standard applied to police conduct | Plaintiffs claim duty breached by improper handling of the incident. | Defendants assert actions were reasonable under the duty-risk framework. | Court applied duty-risk and found no liability; summary judgment affirmed. |
| Prematurity and evidentiary burden at trial | Gunter contends evidentiary burden would be met at trial. | Defendants maintain plaintiffs failed to establish probative evidence of negligence. | Evidence insufficient; no triable issue; grant affirmed. |
Key Cases Cited
- Batiste v. Gutierrez, 944 So.2d 840 (La.App. 3 Cir. 2006) (duty-risk framework under police liability)
- Wellman v. Evans, 876 So.2d 954 (La.App. 3 Cir. 2004) (police duty and standard of care)
- Mathieu v. Imperial Toy Corp., 646 So.2d 318 (La. 1994) (duty-risk analysis for negligence claims)
- Hardy v. Bowie, 744 So.2d 606 (La. 1999) (police must act reasonably to protect life and limb)
- Syrie v. Schilhab, 693 So.2d 1173 (La. 1997) (reasonableness of officer's actions under total circumstances)