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DAVIS v. STATE, THROUGH DEPT. OF CORRECTIONS

No. 11573.

356 So.2d 452 (1977)

Edward Lee DAVIS, Plaintiff-Appellant, v. STATE of Louisiana, Through the DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

November 21, 1977.

Attorney(s) appearing for the Case

James A. Wood, Baton Rouge, of counsel, for plaintiff-appellant Edward Lee Davis.

Patrick J. Briney, Dept. of Justice, Baton Rouge, of counsel, for defendant-appellee State of La., Through the Dept. of Corrections.

Before LANDRY, SARTAIN and ELLIS, JJ.

SARTAIN, Judge.

The plaintiff, Edward Lee Davis, is presently an inmate at Louisiana State Penitentiary. While sleeping, he was stabbed by his cellmate, William Vanzant, on March 10, 1975. He alleges the negligence of the penal authorities allowed the assault to occur and that, therefore, the state should compensate him for his serious injuries. The trial court found that there was no negligence and held for the defendant. We affirm.

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