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KYLE v. CITY OF NEW ORLEANS

No. 7823.

342 So.2d 1257 (1977)

John A. KYLE et al. v. CITY OF NEW ORLEANS and Lieutenant Eugene Fields of the New Orleans Police Department.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 15, 1977.

Writ Granted May 18, 1977.

Attorney(s) appearing for the Case

Leroy J. Falgout, Kenner, for plaintiffs-appellants.

Philip S. Brooks, Joseph J. Laura, Jr., Freeman R. Matthews, New Orleans, for defendants-appellants.

Before GULOTTA, SCHOTT and MORIAL, JJ.

GULOTTA, Judge.

Plaintiffs sustained gunshot wounds when arrested by defendant police officers who had obtained information placing suspicion on plaintiffs as perpetrators of an armed robbery. In the subsequent damage suit, the trial judge concluded that the warrantless arrest, though lawful, had been effected with unreasonable force.

All parties appeal from the general damage awards in favor of plaintiffs against...

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