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 J. PAINTER 2019 NO. CW PAGE 0068 1 OF 2 VERSUS STATE OF OF THE LOUISIANA, GOVERNOR, THE REVENUE AND CONTROL COMMISSION, HER OFFICIAL DEPARTMENT THE OFFICE AND STEPHEN In OF Re: CYNTHIA STATE STATE Brant IN Action state a must the cause for East of 19th writs, supervisory Parish for Baton Rouge, was 7, January s No of prosecution, 2019 Cause 1) elements: ( the of to plaintiff 2) proceeding; ( defendant against defendant and commencement criminal present the court' Exception malicious original the who for JJ. Supplemental Seventh -Amending is hereby reversed. In order following an CRAIN, district Damages action the of AND Thompson' s Plaintiff' s by plaintiff, MAY 13 2019 GENERAL The Brant of allege causation GENERAL, OFFICIAL MCDONALD C. J., Petition continuance OF TAXATION, applying District Court, denying Restated AND Thompson, GRANTED. to SECRETARY HIS IN BRIDGES, INSPECTOR WHIPPLE, judgment OF 604308. No. WRIT OFFICE TOBACCO INSPECTOR Judicial BEFORE: AS REVENUE STREET, AS ALCOHOL CAPACITY OF THE DEPARTMENT TAXATION, THE CAPACITY THROUGH its the or legal present 3) in the original proceeding; ( the bona fide termination of the criminal proceeding in favor of the present such plaintiff; 5) proceeding; ( Miller plaintiff. Department, 511 Gateway Bank, 23, citing 37, malicious against ( So. 2d 446, that superseding, independent 12/ 23/ 15), J. for WL of causation Seventh -Amending Damages contains conducted If may by La. and of on district an court exception UnitedHealthcare Cir. 5/ 26/ 16), of must no of 194 presume cause of Louisiana, So. 3d demonstrated that Murphy J. all 784, Painter HPC 792, has ex Cir. Murphy Petition Painter. facts Since as Biologicals, Brant failed a an regarding Inspector State the 2016- 0585 ( Inc., a such to 1st Here, well -pleaded action, in State v. App. General after complaints were made regarding Mr. the of due Restated allegations Office So. 3d proceeding broken Rombach Supplemental the be unpublished). numerous American 49 defendant a criminal 2015- 0619 ( 5( Sheriff' s v. continuance investigation. at * present 9/ 10/ 10), a the caused 9464500, investigation Cir. for cause the Cook 452. at Administration, of 2015 Painter' s chain 1st to Parish 1987); commenced or probable damage Rouge La. So. 2d of 6) Baton App. claim plaintiff Division absence and ( 452 ( La. 511 Miller, prosecution proceedings, rel. the East v. 2010- 0295 ( the 4) malice; to La. Inc. App. Thompson state of action against him for malicious prosecution due to true the a v. 1st has cause STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. 2019 CW PAGE intervening Inspector Cause of investigation General. Action Restated and Painter' s with to As the Petition claims Brant Plaintiff' s for against Damages Brant prejudice. im WJC OF APPEAL, DEPUTY bc FOR TL. F. THE FIRST 0 CIRCUIT COURT COURT the Office Thompson' s of the Exception 0068 OF 2 State of No Seventh -Amending Supplemental is granted, Thompson VGW COURT by conducted such, 2 are and hereby Murphy J. dismissed
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