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FRANK v. PITRE

No. 5779.

341 So.2d 1376 (1977)

Chester FRANK, Plaintiff-Appellee, v. Elin PITRE, Sheriff of Evangeline Parish, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion February 2, 1977.

Rehearing Denied March 2, 1977.

Attorney(s) appearing for the Case

Fusilier, Pucheu & Soileau by J. Wendel Fusilier, Ville Platte, for defendant-appellant.

White & Pitre, Marion O. White, Opelousas, Murphy W. Bell, Baton Rouge, for plaintiff-appellee.

Before HOOD, C.J., and CULPEPPER and GUIDRY, JJ.

GUIDRY, Judge.

Plaintiff, a policeman for the City of Ville Platte, seeks damages for personal injuries sustained when he was shot by a prisoner of the Evangeline Parish Sheriff's Department. Made defendant is Elin Pitre, Sheriff of Evangeline Parish. The trial court rendered judgment in favor of plaintiff in the amount of $41,004.00. Defendant appeals.

The shooting occurred shortly after midnight on September 12, 1971. Plaintiff, who at the time of the incident...

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