JOHN KITE ET AL v. RAPIDES PARISH SHERIFF DEPARTMENT ET AL (2025)

Application for rehearing not considered - See per curiam.

JBM

JDH

PDG

JMG

CRC

Supreme Court of Louisiana October 01, 2025

SUPREME COURT OF LOUISIANA

No. 2024-CC-01351

JOHN KITE, ADMINISTRATOR OF SUCCESSION OF JOHNNIE KETCHUN KITE AND ON BEHALF OF MINOR CHILDREN, JA'LA WANYA BOYD, JA'MARSHA DEON BOYD, AND TAURIEZ KITE

VS.

RAPIDES PARISH SHERIFF'S DEPARTMENT AND SHERIFF WILLIAM EARL HILTON, CITY OF ALEXANDRIA UTILITY DEPARTMENT AND MAYOR JACQUES ROY

C/W

LEON BOYD, ON BEHALF OF MINOR CHILDREN JA'LA WANYA BOYD, AND JA'MARSHA DEON BOYD, AND ALINE CRAFT ON BEHALF OF MINOR CHILD TAURIEZ KITE

AND

RAPIDES PARISH SHERIFF'S DEPARTMENT AND SHERIFF WILLIAM EARL HILTON, CITY OF ALEXANDRIA UTILITY DEPARTMENT AND MAYOR JACQUES ROY

On Second Application for Rehearing

PER CURIAM

The effect of our June 3, 2025 judgment was to vacate our earlier disposition and deny the writ application. A rehearing is not permitted when a writ application has been denied. Supreme Court Rule IX, § 6.

Accordingly, the application for rehearing is not considered.

I voted with the majority of this court to grant defendants/applicants’ writ application with a per curiam opinion. The majority of this court subsequently granted plaintiffs’ application for rehearing and vacated the per curiam opinion. I dissented from that action. Although I continue to believe this court's original per curiam opinion is correct, because the subsequent grant of rehearing vacated that opinion with the effect of denying the writ application, I am constrained by La. S.Ct. Rule IX, § 6 to not consider defendants’ request for reconsideration.

Weimer, C.J., concurs and assigns reasons. Crain, J., would grant.