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BENSON v. CITY OF MARKSVILLE

No. 01-1078.

812 So.2d 687 (2002)

Nolan J. BENSON, et al. v. CITY OF MARKSVILLE, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 20, 2002.

Writ Denied June 14, 2002.

Attorney(s) appearing for the Case

Rodney Marchive Rabalais, Attorney at Law, Marksville, LA, Counsel for Defendant/Appellee, Daniel Michel.

Gideon Tillman Carter III, Attorney at Law, Baton Rouge, LA, Counsel for Plaintiff/Appellant, Nolan Benson, Sr., Borrel's, Inc.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

DECUIR, Judge.

Nolan J. Benson, Sr. and Borrel's, Inc. filed this suit against Daniel Michel, Alfred Channel, the City of Marksville, and the Marksville Police Department alleging, among other claims, defamation and the violation of their constitutional rights under 42 U.S.C. § 1983. Their claims were premised on the plaintiffs' prosecution for violating municipal noise ordinances as a result of Michel's numerous complaints of loud music and bass vibrations from...

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