Richard v. Richard
74 So. 3d 1156
La.2011Background
- DSS conducted two child-protection investigations of Richard: first terminated April 12, 2006, second from November 19, 2007 to May 29, 2008.
- DSS reported its second-investigation findings to the district attorney; foster-care unit not involved after May 29, 2008.
- Richard was arrested June 13, 2008 for aggravated rape of his minor children by the Iberia Parish Sheriff's Department.
- Richard filed suit June 11, 2009 against DSS and specific DSS Iberia Parish employees alleging false accusations and false imprisonment.
- District court granted prescription to the DSS defendants; Court of Appeal partly reversed, holding the false arrest claim from the second investigation timely.
- Louisiana Supreme Court reversed, holding all DSS claims prescribed and reinstated the district court judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the false arrest claim against DSS defendants is prescribed | Richard argues the second investigation kept the claim viable until arrest (timely within one year). | DSS defendants argue the claim accrued after May 29, 2008 and was prescribed by June 11, 2009. | Prescribed; one-year prescription runs from May 29, 2008; suit filed June 11, 2009 is untimely. |
| Whether the DSS defendants can be liable for false arrest given arrest by the sheriff | DSS actions in investigations allegedly caused the arrest. | No evidence links the sheriff's arrest to DSS actions; no direct liability imputed to DSS. | No liability; arrest by Sheriff not imputable to DSS; claim against DSS prescribed. |
Key Cases Cited
- Kennedy v. Sheriff of East Baton Rouge Parish, 935 So.2d 669 (La. 2006) (false arrest elements require detention and unlawfulness)
- Stobart v. State Through Dept. of Transp. and Development, 617 So.2d 880 (La.1993) (manifest error standard for appellate review of trial-fact findings)
- Katz v. Allstate Ins. Co., 917 So.2d 443 (La.App. 4 Cir. 2005) (standard for reviewing peremptory exceptions; evidence considered in light of entire record)
- Denoux v. Vessel Management Services, Inc., 983 So.2d 84 (La. 2008) (relevant to admissibility and scope of evidence on prescription issues)