Danny Givens VS James LeBlanc, Secretary of the Louisiana Department of Public Safety & Corrections and the Louisiana Department of Public Safety & Corrections
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2016 CA 1081 DANNY GIVENS VERSUS JAMES LEBLANC, SECRETARY OF THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS SEP 1 5 2017 Judgment Rendered: _ _ _ __ ******* APPEALED FROM THE 19th JUDICIAL DISTRICT COURT EAST BATON ROUGE PARISH, LOUISIANA DOCKET NUMBER C607490 HONORABLE TODD HERNANDEZ, JUDGE ******* Randy B. Ugh Baton Rouge, Louisiana Attorney for Plaintiff/ Appellant Danny Givens Jeff Landry Attorney General and Tina Dennis Darensbourg K. Kyle Celestin Baton Rouge, Louisiana Attorneys for Defendants/Appellees James LeBlanc, Secretary of and Louisiana Department of Public Safety and Corrections BEFORE: WHIPPLE, C.l., McDONALD, and CHUTZ, ll. McDONALD, J. After being released from prison, Danny Givens filed this false imprisonment suit against James LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections, and against the department itself (collectively, DPSC). Mr. Givens alleged that DPSC improperly calculated his release date from prison and should have released him earlier. The district court granted summary judgment to DPSC and Mr. Givens appeals from the adverse judgment. After reviewing the record, we conclude the district court did not err in granting summary judgment to DPSC. The DPSC presented evidence to support its calculation of Mr. Givens' release date from prison. In response, Mr. Givens presented no evidence to support his argument that DPSC's calculation was wrong or what the proper calculation should be. Thus, he has not produced sufficient factual support to satisfy his evidentiary burden at trial, and summary judgment is appropriate. LSA-C.C.P. art. 966(C)(2). 1 We affirm the September 12, 2014 judgment, dismissing Mr. Givens' claims with prejudice. We issue this memorandum opinion in compliance with Uniform Rules - Courts of Appeal, Rule 2-16. l(B). We assess costs of the appeal to Danny Givens. AFFIRMED. Louisiana Code of Civil Procedure article 966 was amended and reenacted by 2015 La. Acts No. 422, ยง1, with an effective date of January 1, 2016. The amended version does not apply to any motion for summary judgment pending adjudication or appeal on the effective date of Act No. 422. Because DPSC's motion was pending on the effective date of Act. No. 422, the former version of LSA-C.C.P. art. 966 applies. 1 2
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