115 So. 3d 1240
La. Ct. App.2013Background
- Kimberly Phillips shot Reginald Phillips in their home on July 16, 2009 after a history of domestic disputes.
- Kimberly had filed a Petition for Protection from Abuse against Reginald on July 1, 2009; a TRO required Reginald to leave the home and a hearing was set for July 15, 2009.
- A hearing officer denied the protective order; Reginald sought a police escort to retrieve his belongings and later followed with documentation of court approval.
- Reginald was escorted by Crowley Police to the home; upon arrival, three officers were present and Reginald began gathering belongings while the officers left after a telephone consultation.
- Kimberly’s friend Danielle Domingue arrived during the visit; Reginald later learned he had been shot when police cars and an ambulance appeared.
- Reginald sued the City of Crowley, the Crowley Police Department, the Acadia Parish Sheriff’s Office, and Sheriff Melancon for negligence; the trial court granted summary judgment in favor of the Sheriff’s Office and Sheriff Melancon and for the City of Crowley, which Reginald appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty of the Sheriff’s Office and Sheriff | Reginald argues foreseeability and duty breached due to failure to protect him. | Sheriff’s Office had no duty to protect in this context; deceased employee acted outside employment. | Affirmed summary judgment for Sheriff’s Office and Sheriff Melancon |
| City of Crowley’s duty and reasonableness | There are material questions of fact about reasonable conduct and ongoing duty after escort. | Once entry was secured, officers had no further duty to remain; no negligence. | Reversed summary judgment for City of Crowley; remanded for further proceedings |
Key Cases Cited
- Roberts v. Benoit, 605 So.2d 1032 (La. 1991) (duty-risk analysis; ease of association governs liability; officer not liable when employee acts outside duties)
- Siripanyo v. Allstate Indemnity Co., 862 So.2d 1254 (La. App. 3 Cir. 2003) (sheriff department must provide services in a non-negligent fashion)
- Batiste v. Farm Bureau, 982 So.2d 975 (La. App. 3 Cir. 2008) (duty to perform escort non-negligently when undertaking duty)
- Rhymes v. Winn-Dixie Louisiana, Inc., 58 So.3d 1068 (La. App. 3 Cir. 2011) (reasonableness in summary judgments; evaluate acts under all facts)
- Wilson v. Town of Mamou, 972 So.2d 461 (La. App. 3 Cir. 2007) (escort duty in domestic abuse context; immunity considerations)
- Latolais v. Guillory, 747 So.2d 675 (La. App. 8 Cir. 1999) (no immediate danger shown; officers exercised due care)