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JOHNSON v. FOTI

No. 88-CA-0560.

537 So.2d 232 (1988)

Augusta JOHNSON v. Charles C. FOTI, Criminal Sheriff for the Parish of Orleans, Harry F. Connick, District Attorney for the Parish of Orleans, and Edward Lombard, Clerk of Criminal District Court for the Parish of Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied February 24, 1989.

Attorney(s) appearing for the Case

Jack W. Jernigan, III, Jernigan & Weiner, New Orleans, for plaintiff-appellee, Augusta Johnson.

John S. Keller, New Orleans, for defendant-appellant, Harry F. Connick.

Nolan P. Lambert, Franz Zibilich, Asst. City Attys., New Orleans, for defendant-appellant, City of New Orleans.

Before BARRY, KLEES and BYRNES, JJ.

BARRY, Judge.

On August 11, 1985 the plaintiff, Augusta Johnson, was arrested for Obstruction of a Sidewalk, a municipal violation. A check by the New Orleans Police Department (NOPD) revealed an outstanding arrest warrant from Cleveland, Ohio for "Oral Johnson" who had the same birthdate, race, sex and last name as the plaintiff, but a different height, weight and first name. NOPD teletyped Cleveland to confirm the warrant and ascertain whether they would extradite...

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