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JONES v. CITY OF HOUMA

Civ. A. No. 70-719.

339 F.Supp. 473 (1972)

Arthur JONES and Charles Garden v. CITY OF HOUMA et al.

United States District Court, E. D. Louisiana, New Orleans Division.

March 17, 1972.

Attorney(s) appearing for the Case

W. William Hodes, Smith & Scheuermann, New Orleans, La., for plaintiffs.

Edward J. Gaidry, Asst. City Atty., and Philip J. McMahon, Borowski, Lofaso, McMahon & McCollam, Houma, La., for defendant, City of Houma.

Keith M. Whipple, Himel & Whipple, Houma, La., for defendants, Wilson Joseph Thibodaux, Jr. and Lt. Robert Bergeron.

JACK M. GORDON, District Judge:

This matter comes before this Court on a Motion to Dismiss under Rule 12, or in the alternative for summary judgment under Rule 56 of the Federal Rules of Civil Procedure filed by the City of Houma.

The complaint alleges that Ellis Eugene Jones was deliberately beaten by Wilson Thibodaux, Jr. and Robert Bergeron, two policemen employed by the City of Houma, Louisiana, during his incarceration in the Houma jail. The day following...

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