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WHITNEY v. MALLET

No. 83-418.

442 So.2d 1361 (1983)

Leo Francis WHITNEY, Jr., Plaintiff-Appellant, v. William Roy MALLET, Jr., et al., Defendant-Appellees.

Court of Appeal of Louisiana, Third Circuit.

December 14, 1983.

Attorney(s) appearing for the Case

Hank Seldon Hannah, Lafayette, for plaintiff-appellant.

Onebane, Donahoe, Bernard, Torian, Diaz, McNamara & Abell, James L. Pate, Lafayette, Taylor & Trosclair, Frank P. Trosclair, Jr., Opelousas, A. Octave Pavy, Opelousas, for Emile C. Rolfs, III, Baton Rouge, for defendant-appellee.

Before CUTRER, DOUCET and LABORDE, JJ.

DOUCET, Judge.

Leo Francis Whitney, Jr. filed suit against the City of Opelousas, Sheriff Howard Zerangue and their respective insurers, and officers Keith Savant and Roy Mallet. Plaintiff alleged that in the early morning hours of January 10, 1982, while drinking at a bar in St. Landry Parish, known as "Toby's", he was beaten by officers Savant and Mallet and that said actions were committed under color of state law, within the meaning of 42 U.S.C. § 1983, et...

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