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CARLTON v. FOTI

No. 94-CA-2305.

660 So.2d 76 (1995)

Lloyd CARLTON v. Charles C. FOTI, Harry F. Connick, Joseph Peyton, The New Orleans Police Department, John Doe and the ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 26, 1995.

Attorney(s) appearing for the Case

Ronald L. Wilson, Jack W. Jernigan, III, Mark M. Gonzalez, New Orleans, for plaintiff.

T. Allen Usry, Freeman R. Matthews, Paul E. Mayeaux, Usry & Weeks, Metairie, Anthony J. Stewart, Hernandez and Stewart, New Orleans, for defendant.

Before KLEES, ARMSTRONG and JONES, JJ.

ARMSTRONG, Judge.

This is a wrongful incarceration case. The plaintiff, Lloyd Carlton, was incarcerated pursuant to a capias and detainer issued by the Orleans Parish Juvenile Court. He then was kept incarcerated by the Orleans Parish Criminal Sheriff for more than 72 hours, without being brought before a judge, in violation of Article 230.1 of the Louisiana Code of Criminal Procedure.

Mr. Carlton sued a number of defendants but only two, the Sheriff and the...

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