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READY v. STATE, DHHR

No. 95-1564.

707 So.2d 1250 (1997)

James Edward READY, et al., Plaintiffs—Appellees, v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Defendant—Appellant.

Court of Appeal of Louisiana, Third Circuit.

Opinion on Rehearing March 25, 1998.

Attorney(s) appearing for the Case

Virgil Russell Purvis, Jr., Jonesville, for James Edward Ready, et ux., indiv., etc.

Robert Elton Arceneaux, Mack E. Barham, New Orleans, Virgil Russell Purvis, Jr., Jonesville, Travis L. Bourgeois, for James Edward Ready, et ux., indiv., etc. on rehearing.

Andrew Parker Texada, Mark D. Pearce, Alexandria, for State, Through DHHR.

Before YELVERTON, KNOLL, COOKS, SAUNDERS and DECUIR, JJ.

KNOLL, Judge.

In this tort action for damages, the trial court held the State of Louisiana, Through the Department of Health and Human Resources (DHHR) liable to James Ready and Linda Wilson (hereafter the Readys) for damages resulting from its wrongful removal of their son, James Cody (Cody), from their custody on March 28, 1988.2 After a hearing on March 28, 1988, the juvenile court found that Cody (DOB December 8, 1987) was a child...

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