Legal Opinion · Dissent

Riley v. Evangeline Parish Police Jury

Louisiana Court of Appeal

Decided June 2, 1993No. 92-133Published

1DissentCooks, Judge

For the reasons stated in the majority opinion on original hearing, I believe the *1323“Evangeline Parish Sheriffs Department” is a suable legal entity. See also, 50 Louisiana Law Review 265; 44 Louisiana Law Review 1075. Additionally, the majority on rehearing simply erred in granting defendant’s exception of no cause of action reurged on appeal. Defendant should have filed a dilatory exception as provided by Louisiana Civil Code of Procedure article 926 contesting the legal “status” of the “Evangeline Parish Sheriffs Department.” Though non-existent, as it contends, the “Evangeline Parish…

2Cases cited4 opinions

  1. Ray v. Alexandria MallSupreme Court of Louisiana · 1983
  2. Stevens v. Charter Crude Oil Co.Louisiana Court of Appeal · 1985
  3. Abercrombie v. VP PIERRET REALTY & CONST. CO.Louisiana Court of Appeal · 1988
  4. Wagoner v. DysonLouisiana Court of Appeal · 1993

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