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RICARD v. STATE

No. 67456.

390 So.2d 882 (1980)

Benny RICARD v. STATE of Louisiana.

Supreme Court of Louisiana.

November 10, 1980.

Attorney(s) appearing for the Case

Dennis R. Whalen, Whalen & Theriot, Baton Rouge, for plaintiff-applicant.

Sera H. Russell, III, Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for defendants-respondents.

MARCUS, Justice.

This is a suit by Benny Ricard brought pursuant to 42 U.S.C. § 1983 against the State of Louisiana, through the Department of Public Safety, Division of State Police, and Steve Jones, a state police trooper. Plaintiff alleges that he was pistol-whipped by a state trooper after he was apprehended for driving in excess of the speed limit and as a result he suffered lacerations of the head. He further claims that Jones was present at the time but...

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