Murphy J. Painter VS State of Louisiana, Through the Office of the Governor, The Department of Revenue and Taxation, Alcohol Tobacco Control Commission, Cynthia Bridges, in Her Capacity as Secretary of Revenue and Taxation, The Office of State Inspector General and Stephen S
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MURPHY PAINTER J. 2018 NO. CW PAGE 1289 1 OF 2 VERSUS STATE OF OF THE LOUISIANA, GOVERNOR, THE REVENUE AND CONTROL COMMISSION, HER DEPARTMENT THE OFFICE AND STEPHEN In OF AS CYNTHIA OF STATE IN in furtherance a makes is the 0482 ( or the of right success success If the a the that the on mover on his the 1237. 1233, in a search investigative General Amendment rights defamation Thus, and of Painter Opposition to A] rgument of 17), 4/ 6/ 18), 218 239 counsel So. 3d overcome special merits against failed as to Shane v. So. 3d or Painter Evans' timely affidavits a the Shane Regan evidence." 7/ to on J. Caldwell, to his motion 2016- 0659 ( La. writ such, to Id. and is of Shane Evans' Strike is hereby granted as to these claims, are lst not Cir. La. supporting insufficient Murphy success Amendment Special J. his of Strike. to App. his Murphy artful, Therefore, Fourteenth In support produce likelihood a right. 2017- 0963 ( denied, evidence strike. defamation As how Failure to Strike, Motion First issue: demonstrate to claims. in matter competent demonstrate Evans. no 128, 827. two to Special Inspector his Amendment evidence any briefs, 121, these Motion Special Evans' otherwise of Painter public Painter J. Murphy a 2017- Shane Evans of of a Fourteenth merits submit and furtherance a of Office with public Pavon, v. Murphy his connection to shifted Shane failed in and in report deprivation success to opposition application and burden the likelihood 4/ warrant a to were demonstrate alleged two causes of action arising from statements made motion with Shelton claim. So. 3d Code La. comments to plaintiff to has plaintiff showing connection in the motion special a speech connection claim." that to in special and on 236 to free or Constitution of facie Evans' Shane denying petition subject determines court prima of Louisiana be The PART. A cause reversed in part. " that person act of from any hereby shall 10/ 18/ 17), La. Rouge, Baton IN DENIED ORDER; arising protected constitutionally the issue, burden shifts probability 19th writs, JJ. judgment person' s States a WITH person probability 971( A)( 1). art. strike a PENZATO, 2018, 21, issue unless P. DEC 2 6 2018 GENERAL AND Strike of United established Civ. GENERAL, OFFICIAL PART May to public strike, IN against the a HIS THERIOT, s Motion action with TAXATION, for supervisory applying of East Parish Court, District GRANTED of under AND OF 604308. court' Special IN BRIDGES, Evans, GUIDRY, district OF SECRETARY INSPECTOR Judicial WRIT OFFICE TOBACCO INSPECTOR STREET, No. BEFORE: AS REVENUE STATE Shane Re: ALCOHOL CAPACITY THE THE DEPARTMENT TAXATION, OFFICIAL CAPACITY THROUGH on J. the claims Motion and they are to to STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2018 CW PAGE dismissed and with abuse Evans of in process are not Special Murphy do claims furtherance therefore Evans' prejudice. of his subject Motion to not right to arise of is from petition special a Strike Fourth Painter' s J. motion therefore any or to of 2 Shane speech strike. denied OF Amendment act free 1289 2 as to and Shane these claims. Louisiana that a prevailing awarded remanded of Code Civil of party on a Procedure special fees attorney district court for reasonable to the reasonable defendant, Shane attorney fees and Evans. JMG MRT AHP COURT OF APPEAL, DEPUTY FOR FIRST CLERK OF • THE COURT CIRCUIT OURT to motion and a article costs. 971( B) strike This determination costs to provides be of shall matter the be is amount awarded to
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