STATE OF LOUISIANA 2021-CQ-00929 LOUISIANA SUPREME COURT OFFICER JOHN DOE, Police Officer Plaintiff - Applicant v. DERAY MCKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED Defendants - Respondents OFFICER JOHN DOE Plaintiff - Applicant Versus DeRAY McKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED Defendants - Respondents On Certified Question from the United States Court of Appeals for the Fifth Circuit No. 17-30864 Circuit Judges Jolly, Elrod, and Willett Appeal From the United States District Court for the Middle District of Louisiana USDC No. 3:16-CV-742 Honorable Judge Brian A. Jackson, Presiding OFFICER JOHN DOE ORIGINAL BRIEF ON APPLICATION FOR REVIEW BY CERTIFIED QUESTION Respectfully submitted: ATTORNEY FOR THE APPLICANT OFFICER JOHN DOE Donna U. Grodner (20840) GRODNER LAW FIRM 2223 Quail Run, B-1 Baton Rouge, Louisiana 70808 (225) 769-1919 FAX 769-1997
[email protected] CIVIL PROCEEDING TABLE OF CONTENTS TABLE OF AUTHORITIES.. ii CERTIFIED QUESTIONS. 1 1. Whether Louisiana law recognizes a duty, under the facts alleged I the complaint, or otherwise, not to negligently precipitate the crime of a third party? 2. Assuming McKesson could otherwise be held liable for a breach of duty owed to Officer Doe, whether Louisiana’s Professional Rescuer’s Doctrine bars recovery under the facts alleged in the complaint? . 1 STATEMENT OF JURISDICTION. 1 STATEMENT OF THE CASE. 1 A. NATURE OF THE CASE. 1 B. PROCEDURAL HISTORY. 12 1. ACTION OF THE TRIAL COURT. 12 2. ACTION OF THE FIFTH CIRCUIT. 12 3. ACTION OF THE SUPREME COURT. 13 4. ACTION OF THE FIFTH CIRCUIT. 13 C.