EDDIE COLLIER III AND TERRELL COLLIER v. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE AND JOHN MILLER (2023)

I would grant the Attorney General's writ application for the reasons assigned by Judge Guy Holdridge in his dissent to the court of appeal opinion, which explains in part:

[P]laintiffs failed to present sufficient evidence to demonstrate that a genuine issue of material fact exists as to their civil conspiracy claims. See New Orleans Jazz & Heritage Found., Inc. v. Kirksey, 2009-1433 (La. App. 4th Cir. 5/26/10), 40 So. 3d 394, 408, writ denied, 2010-1475 (La. 10/1/10), 45 So. 3d 1100 (“The actionable element under [La. Civ. Code art.] 2324 is the intentional tort the conspirators agreed to commit and committed in whole or in part causing plaintiff's injury.”). Accordingly, I would grant the motion for partial summary judgment filed by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Clay Crain, and dismiss plaintiffs’ civil conspiracy claims.

For these reasons, I would grant and allow the parties to request oral argument pursuant to La. C.C.P. art. 966(H) in order to determine whether any genuine issues of material fact exists such that the claim can survive summary judgment.

Crichton, J., would grant and assign for briefing and assigns reasons: