|FOR IMMEDIATE NEWS RELEASE
|FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Per Curiam handed down on the 24th
day of September, 2010, is as follows:
DAISY LUCERO MARCILE AND TRACY LUCERO, INDIVIDUALLY
AND OBO HER MINOR CHILD, TRISTON WILLIBER v. NEAL
DAUZAT AND CITY OF MARKSVILLE (Parish of Avoyelles)
Chief Justice Kimball not participating in this opinion.
Accordingly, we vacate the judgment of the district
court. The case is remanded to the district court
to allow plaintiffs to specially plead the unconstitutionality
of La. R.S. 13:5105(D), should they wish to do so,
and for the issue to be fully litigated. See La. Code
Civ. P. art. 2164; Summerell v. Phillips, 258 La.
587, 247 So. 2nd 542 (1971).