Legal Opinion · Concurring in part, dissenting in part

Harper v. State ex rel. Department of Health & Hospitals

Louisiana Court of Appeal

Decided September 9, 2015No. 2014-CA-0110Published

1Concurring in part, dissenting in partDysart, J.

(il agree with the majority’s finding that the plaintiffs have not established a claim for civil rights damages under 42 U.S.C. § 1983 and therefore, the trial court erred in* denying the exception of no cause of action filed by the State of Louisiana and the Department of Health and Human Resources (“DHH”). I also agree with the majority that the plaintiffs failed to establish that they suffered' any loss of consortium and as such, they are not entitled to an award for those damages. Finally, I *497agree with the majority’s finding that the DHH did not have authority to release Mr. Harper…

2Cases cited7 opinions

  1. State v. PerezSupreme Court of Louisiana · 1990
  2. State v. RambinLouisiana Court of Appeal · 1983
  3. State v. BoulmayLouisiana Court of Appeal · 1986
  4. State v. BrelandLouisiana Court of Appeal · 1986
  5. State v. StewartLouisiana Court of Appeal · 1985

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