OSWALD v. SMITH (2021)

Writ application denied.

I would grant and docket this application to examine the issue of whether a now-terminated deputy's wrongdoing is an employment issue subject to an internal affairs investigation in the discretion of the Sheriff or whether the Sheriff has a duty to report a former deputy's wrongdoing to the district attorney. In my view, the issue of duty is critical to a determination of whether the defendant is entitled to summary judgment as a matter of law. See La. C.C.P. art. 966.

Crichton, J., would grant and docket and assigns reasons. McCallum, J., would grant and docket for the reasons assigned by Justice Crichton.