Sommer v. State, Department of Transportation & Development

Because the majority opinion in this case ignores positive federal statutory law and jurisprudence of the United States and Louisiana Supreme Courts, I must dissent. Not only is the majority opinion manifestly inconsistent in granting general damages connected to special damages that it finds to have been non-recoverable, it also makes legal history by creating in the Fourth Circuit of Louisiana the only state court jurisdiction within the United States in which a State entity is a “person” within the meaning of 42 U.S.C. § 1983. I cannot in conscience acquiesce in this state’s court’s…