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

IH concur with the majority’s findings and reasoning that the Plaintiffs/Appellees, Sharon and Michael Harper, the children of Willie Warren Harper (“Harper”), do not have a cause of action for deprivation of civil rights under 42 U.S.C. § 1983, and the trial court erred by denying the exception of no cause of action filed by the State of Louisiana through its Department of Health and Hospitals (“DHH”). I concur in the majority’s finding and reasoning that La. R.S. 13:5106 places a statutory cap on damages against DHH and that the Plaintiffs/Appellees failed to prove their wrongful death…