PETERS, Judge.
This is a suit by Jerbert Frank for personal injury damages arising out of a battery committed against him by the victim of a crime that Mr. Frank allegedly perpetrated. The battery occurred while Mr. Frank was seated in the back of the police car during a field identification by an eyewitness. Mr. Frank appeals the judgment that dismissed his claim against the City of Ville Platte, which had custody of Mr. Frank at the time of the battery.
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