ANDRY v. PARISH OF ORLEANS

No. 9004.

358 So.2d 334 (1978)

Roland ANDRY v. The PARISH OF ORLEANS, Louis A. Heyd, Jr., Sheriff and Deputy Sheriff Charles Engle.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 1978.


Attorney(s) appearing for the Case

Byron D. Magbee, Baton Rouge, for plaintiff-appellant.

Cronvich, Wambsgans & Michalczyk, Anthony W. Wambsgans, Metarie, Durrett, Hardin, Hunter, Dameron & Fritchie, Emile C. Rolfs, III, Baton Rouge, for defendants-appellees.

Before LEMMON, SCHOOT and BEER, JJ.


LEMMON, Judge.

This is a suit for bodily injury allegedly inflicted upon plaintiff, an inmate of parish prison, by a prison guard while thwarting an attempted break by 13 prisoners.

Defendants argue that the normal duty owed by a person not to injure another is not applicable to a prison guard during the course of a prison break, since the guard's paramount duty is to protect the citizenry in general by keeping criminals confined for their terms in prison...

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