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JENKINS v. BALDWIN

No. 2000-CA-0802.

801 So.2d 485 (2001)

Joseph JENKINS v. Edward BALDWIN, State of Louisiana, Lyle Trabeaux et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 3, 2001.

Attorney(s) appearing for the Case

Mathew B. Collins, Jr., Dianne J. Marshall, New Orleans, LA, and Catrice A. Johnson, Charles E. Cotton, New Orleans, LA, Counsel for Plaintiff/Appellee.

Annabelle H. Walker, Deputy City Attorney, Franz L. Zibilich, Chief Deputy City Attorney, Mavis S. Early, City Attorney, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES, III, Judges STEVEN R. PLOTKIN, and MAX N. TOBIAS, Jr.

BYRNES, Chief Judge.

The City of New Orleans ("City") appeals a judgment in favor of the plaintiff, Joseph Oliver Jenkins, and against the City for damages for malicious prosecution, as well as intentional infliction of emotional distress, based on the claim that Jenkins was improperly convicted of murder and was improperly incarcerated for thirty (30) years. We reverse.

Facts

On Mardi Gras Day, March 5, 1957, around 4:00 p.m., a man named...

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