John E. Spellman VS Richard Stalder, Secretary, Louisiana Department of Corrections and Sergeant Tate
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 0003 JOHN E SPELLMAN VERSUS RICHARD STALDER SERGEANT TATE LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND INSURANCE COMPANY On Appeal from the 19th Judicial District Court Parish of East Baton Rouge Louisiana Docket No 544 130 Division M Section 26 Honorable Kay Bates Judge Presiding John E Spellman Plaintiff Kinder LA In Attorney for Defendants William lKline Baton Rouge Appellant Proper Person Sergeant Tate and Department of Public Richard Stalder LA Louisiana Safety and BEFORE PARRO Corrections KUHN AND DOWNING JJ Judgment rendered November 2 2007 PARRO J John E Spellman and Corrections in a inmate in the an appeals a judgment dismissing his tort suit for personal injury suffered motor vehicle accident while he 2005 from Spellman Baton s to another facility one on LSA R S Spellman correctly delictual The sole issue on about on or notes that all suits filed capitol is located appeal is whether cause actions against the for venue Parish of East state of Louisiana before the district court of the in the district court or August 30 15 1184 F state agency may be instituted which the being transported was tort claims is proper in the Nineteenth Judicial District Court Rouge based the state custody of the Department of Public Safety of action arises See LSA 5 R or any judicial district in which in the having jurisdiction 13 5104 A However by prisoners is specifically governed by LSA venue 15 1184 F 5 R in parish for which provides damages shall be the parish where the prison is situated prisoner was assigned when the cause of action arose Upon consent of all parties the court may transfer the suit to a parish in which venue would otherwise be The exclusive venue for delictual actions for injury to which or the proper After a thorough jurisprudence we review conclude adopted by the district we and s the that record the relevant commissioner s statutory law and s decision is legally correct 1 Therefore relevant which screening report was Furthermore adequately explained the decision reached find that the district court district court 5 court of we affirm the judgment in accordance with Uniform Court of Appeal Rule 2 16 2 A 2 6 All costs associated with this appeal are assessed against John E Spellman AFFIRMED 1 Being unable to determine from the face of the district court acted properly in pleadings dismissing Spellman the court of proper suit See LSA C C P art s 2 venue we 121 conclude the
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