Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 579, 031 Honorable
Ramon Lafitte, Judge
JOSEPH CARIERE Plaintiff-Appellant, In Proper Person
THOMAS, SOILEAU, JACKSON, Counsel for Defendants- BAKER &
COLE, L.L.P. Appellees, The Kroger By: Steven E. Soileau
Store and Michael Schmidt
WILLIAMS, PITMAN, and GARRETT, JJ.
Andrew Joseph Cariere appeals the trial court's granting
of exceptions filed by Defendant-Appellee The Kroger Company
("Kroger"). For the following reasons, we affirm.
case was previously before this court in Cariere v. The
Kroger Store, 50, 637 (La.App. 2 Cir.
11/16/16), 208 So.3d 987. This court provided the following
facts of the case and procedural history:
Andrew Cariere entered a Kroger grocery store in Shreveport,
Louisiana, on August 22, 2013, and as he exited the store, he
was detained by a store employee for allegedly shoplifting. .
. . He was turned over to the police and arrested. Cariere
was ultimately charged with theft-shoplifting in Shreveport
City Court. . . . The record reflects that the charges were
As a result of this incident, Cariere filed suit against
Kroger making claims of assault, battery, torture,
defamation, false arrest, and false imprisonment. . . .
Subsequently, Kroger filed a motion for summary judgment on
the grounds that Cariere could not prove the elements of
battery, assault, torture, defamation, false arrest, and
false imprisonment. . . . Cariere opposed Kroger's motion
for summary judgment alleging several disputed material
facts, which Kroger maintains contradicted his deposition
testimony. A hearing was held on the motion, and Kroger's
summary judgment was granted in part, denied in part. The
trial court dismissed Cariere's claims of assault,
torture, defamation, false arrest, and false imprisonment,
but ruled that an issue of material fact existed regarding
Cariere's battery claim.
court affirmed the judgment of the trial court, finding that
there were questions of material fact as to whether
Kroger's employee's actions constituted reasonable
force. This court found there was no evidence that would
indicate Kroger assaulted, tortured, falsely arrested,
falsely imprisoned or defamed Cariere and that he failed to
carry his burden to prevent the granting of summary judgment.
February 22, 2017, a trial was held on Cariere's battery
claim. The trial court granted Kroger's motion for
involuntary dismissal. On April 6, 2017, the trial court
signed a judgment dismissing with prejudice Cariere's
claims against Kroger. It stated that Cariere failed to prove
by a preponderance of the evidence that unreasonable force
was used against him and that he failed to prove damages.
April 12, 2017, Cariere filed a motion for new trial. He
complained of intentional and conspiratorial actions by
employees of the First Judicial District Court, the
Shreveport Police Department, and by Kroger and its attorneys
that resulted in the loss of his due process rights. A
hearing on this motion was held on June 19, 2017, and the
trial court denied his motion in open court. On July 10, 2017,
the trial court filed a judgment denying the motion for new
16, 2018, Cariere filed a petition to annul the February 22,
2017 judgment for fraud and ill practices. He alleged willful
acts that caused him injury and breaches of good faith and
fiduciary duties by officers of the court, public officials
and employees of the City of Shreveport, the Shreveport
Police Department, Kroger's employees and Kroger's
attorneys. He stated that he raised these allegations in a
separate lawsuit, i.e., ...