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Bradford v. Avoyelles Parish Sheriff Dept.

Court of Appeals of Louisiana, Third Circuit

July 5, 2017

CHRISTOPHER G. BRADFORD
v.
AVOYELLES PARISH SHERIFF DEPT., ET AL.

         APPEAL FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2016-3012-B HONORABLE WILLIAM BENNETT, DISTRICT JUDGE

          H. Bradford Calvit Provosty, Sadler & deLaunay, APC COUNSEL FOR DEFENDANTS/APPELLEES: Avoyelles Parish Sheriff Department, Doug Anderson, Sheriff of Avoyelles, Parish Deputy Ernest Rabalais, Deputy Darren Bordelon, Deputy Cynthia Manuel

          Derrick M. Whittington Whittington Law Firm COUNSEL FOR DEFENDANT/APPELLEE: City of Marksville

          Christopher G. Bradford 595 Legion Drive Marksville, LA IN PROPER PERSON: Christopher G. Bradford

          Court composed of Marc T. Amy, D. Kent Savoie, and Van H. Kyzar, Judges.

          D. KENT SAVOIE, JUDGE

         Christopher G. Bradford appeals two judgments of the trial court, granting the Exceptions of No Cause of Action and Prescription filed by the defendants and dismissing Bradford's claims. For the following reasons, we affirm.

         FACTS AND PROCEDURAL HISTORY

         Christopher G. Bradford filed a Suit for Money Owed in the trial court on May 5, 2016, naming "(APSO) Avoyelles Parish Sheriff Department, Officers, ET AL" as defendants. In the petition, he alleged that he was arrested by the Avoyelles Parish Sheriff Department on August 2, 2013, and was later released to the "Marksville Sheriff Department." He alleges that while he was in the transportation van, he had a seizure and was refused medical treatment. He requested one hundred thousand dollars ($100, 000.00) in damages for "refusal of medical Attention, definition [sic] of Character, [and] attempted manslaughter." In his prayer he cited "Doug Anderson Sheriff Department (APSO)Marksville, LA" to appear, and he later requested that Avoyelles Parish Deputies Ernest Rabalais, Darren Barlone, and Cathina Manuel be served with the petition.

         In response, the City of Marksville filed a Peremptory Exception of No Cause of Action and Prescription, which was set for hearing on June 20, 2016. The exceptions were orally granted, with Bradford appearing in proper person. Judgment was signed on July 5, 2016. This is one of the judgments that Bradford now appeals.

         Doug Anderson, Sheriff of Avoyelles Parish, and the Avoyelles Parish Sheriff Department also filed Peremptory Exceptions of No Cause of Action and Prescription. In addition, a Peremptory Exception of Prescription was filed by Deputies Ernest Rabalais, Darren Bordelon and Cynthia Manuel. These were set for hearing on June 27, 2016. After allowing Bradford thirty days to obtain counsel, the trial court rendered judgment on August 2, 2016, granting the exceptions. Bradford now appeals this judgment, as well.

         The Avoyelles Parish Sheriff Department, Sheriff Doug Anderson, and Deputies Ernest Rabalais, Darren Bordelon, and Cynthia Manuel filed a Motion and Order to Strike in this court, requesting this court enter an order striking the documents attached to Bradford's Appellant Brief, Notice of Appeal and Suit for Money Owed.

         DISCUSSION

         I. Mot ...


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