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MATTHEWS v. STATE THROUGH DEPT. OF CORRECTIONS

No. 11269.

345 So.2d 1232 (1977)

Robert MATTHEWS, Plaintiff-Appellee, v. STATE of Louisiana, THROUGH the DEPARTMENT OF CORRECTIONS et al., Defendant-Appellant.

Court of Appeal of Louisiana, First Circuit.

May 9, 1977.

Attorney(s) appearing for the Case

Robert Matthews, pro se.

William J. Guste, Jr., Atty. Gen., E. Roland Charles, Staff Atty., Baton Rouge, of counsel, for defendant-appellant, State of La., through the Dept. of Corrections et al.

Before SARTAIN, COVINGTON and LOTTINGER, JJ.

SARTAIN, Judge.

This is an appeal by the State from a judgment in favor of plaintiff, Robert Matthews, for $6.40, representing the value of sixteen packages of cigarettes.

We find that the trial judge erred as a matter of law in imposing liability on the State without a showing that the loss was the result of specific acts of sub-standard conduct on the part of an agent or employee of the State. The State's liability is vicarious and such a showing is essential...

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