DALE BROWN Vs. DAVID HEINTZ, STEVEN VERRETT, AND ARTHUR LAWSON, IN HIS OFFICIAL CAPACITYAS THE CHIEF FOR POLICE FOR THE CITY OF GRETNA

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DALE BROWN * NO. 2017-C-0759 VERSUS * COURT OF APPEAL DAVID HEINTZ, STEVEN VERRETT, AND ARTHUR LAWSON, IN HIS OFFICIAL CAPACITYAS THE CHIEF FOR POLICE FOR THE CITY OF GRETNA * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* BROWN, J., CONCURS IN THE RESULT WITH REASONS. I concur with the majority and find the district court erred in denying Relator’s peremptory exception of prescription. I write separately to express that while I am constrained to rule in accordance with current jurisprudence, I do find, however, the outcome in this case troubling as it deprives Plaintiff of his day in court. I am in agreement with current Chief Justice Johnson’s and former Chief Justice Calogero’s dissents in Skipper v. Boothe, 08-1292, pp. 1-2 (La. 10/3/08), 991 So.2d 462, 463-64 (dissenting Calogero, C.J., and Johnson, J.), that Louisiana should adopt the “mailbox rule” for all pro se inmate filings.

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