Summary
holding that "all parties understood that plaintiffs suit against the `Sheriff's Office' raised claims against the sheriff in his official capacity"
Summary of this case from Williams v. StewartOpinion
No. 94-C-0202
April 4, 1994
IN RE: RILEY, KATHY McDANIEL; — PLAINTIFF(S); APPLYING FOR WRIT OF CERTIORARI AND/OR REVIEW; TO THE COURT OF APPEAL, THIRD CIRCUIT, NUMBER CA92-0133; PARISH OF EVANGELINE THIRTEENTH JUDICIAL DISTRICT COURT DIV. "A" NUMBER 51034-A
April 4, 1994
Granted. See order. (Per curiam)
JCW PFC WFM HTL PH CDK ROO
DENNIS, J., not on panel.
Granted. The judgment of the court of appeal is reversed and the trial court judgment is reinstated as amended. Plaintiff's failure to specifically name the sheriff as a defendant in this suit does not bar recovery against the sheriff in his official capacity. Jenkins v. Jefferson Parish Sheriff's Office, 402 So.2d 669 (La. 1981) 80-C-1794. Both the former sheriff and the present sheriff of Evangeline Parish had full notice of the pendency of this action. The present sheriff, through his attorney, fully litigated the claims raised in the petition. Clearly all parties understood that plaintiff's suit against the "Sheriff's Office" raised claims against the sheriff in his official capacity.
A successor sheriff maybe held liable for the torts for which his predecessor was vicariously liable. Jenkins, supra. We amend the judgment to permit its enforcement against the present sheriff in his official capacity.
The judgment is enforceable only to the extent that any other judgment against a public agency is enforceable, and is subject to the bar against seizure of public funds. LSA-Const. art. 12, § 10(C); LSA-R.S. 13:5108.