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MICHAELMAN v. AMISS

No. 12774.

385 So.2d 404 (1980)

Vernon MICHAELMAN v. Sheriff J. Al AMISS, Warden Rodger Aucoin, the Parish of East Baton Rouge, and the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

May 5, 1980.

Attorney(s) appearing for the Case

E. Wade Shows, Baton Rouge, of counsel for plaintiff-appellant Vernon Michaelman.

Asst. Parish Atty. Joseph F. Keogh, Stephen R. Wilson, Baton Rouge, of counsel for defendant-appellee Parish of East Baton Rouge.

William H. Cooper, Jr., Baton Rouge, of counsel for defendants-appellees J. Al Amiss, Sheriff, Warden Rodger Aucoin and The North River Ins. Co.

Asst. Atty. Gen. Thomas S. Halligan, Baton Rouge, of counsel for defendant-appellee State of La.

Before COVINGTON, LOTTINGER and COLE, JJ.

LOTTINGER, Judge.

In our original opinion in this case, reported at 376 So.2d 1029 (La.App. 1st Cir. 1979), we held that the State is not the employer of a deputy sheriff and, therefore, is not vicariously liable for his torts. We found that a contrary statement by our Supreme Court in Foster v. Hampton, 352 So.2d 197 (La.1977), was pure dictum...

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