WILLIAMS v. McNEIL

No. 12899.

432 So.2d 950 (1983)

Tommie J. WILLIAMS v. Robert McNEIL, James Kirkpatrick, James Lewis, William Ryer, Clarence Giarusso, Individually and in his Capacity as Superintendent of New Orleans Police Department, The New Orleans Police Department and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

May 16, 1983.


Attorney(s) appearing for the Case

Ralph S. Whalen, Jr., Oestreicher & Whalen, New Orleans, for plaintiff-appellee.

John E. Maher, Jr., Asst. City Atty., New Orleans, for defendants-appellants.

Before SCHOTT, KLEES and LOBRANO, JJ.


KLEES, Judge.

This personal injury action was brought under the Fourth Amendment of the U.S. Constitution and 42 U.S.C. § 1983 as well as under the Constitution of the State of Louisiana, Art. I §§ 2, 4 and 5 and Art. XII § 10(A) and under Louisiana Civil Code Arts. 2315 and 2320.

On January 15, 1975, pursuant to a valid search warrant NOPD officers instituted a search for controlled dangerous substances at plaintiffs' dwelling. Five children...

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