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MARTIN v. THE CITY OF BATON ROUGE

No. 2000 CA 0896.

858 So.2d 440 (2001)

Kenneth W. MARTIN v. THE CITY OF BATON ROUGE, Pat Screen, Wayne Rogillio, William Denicola Wolf, and Unknown Police Officers All in Their Official Capacities and Individually.

Court of Appeal of Louisiana, First Circuit.

June 22, 2001.

Attorney(s) appearing for the Case

Kevin Patrick Monahan, Baton Rouge, Counsel for Kenneth W. Martin Plaintiff-Appellee.

T. Allen Usry, John F. Weeks, II, Fred Schroeder, Metairie, Counsel for East Baton Rouge Parish Sheriff Elmer Litchfield and Deputy Dale Dicharry Defendant-Appellant.

Frank Gremillion, Baton Rouge, Counsel for City of Baton Rouge Parish of East Baton Rouge Defendant.

Larry Dersona, Baton Rouge, Counsel for Dersona & Donnan Intervenor.

Before: WHIPPLE, KUHN, and DOWNING, JJ.

DOWNING, J.

Defendants/Appellants, East Baton Rouge Parish Sheriff Elmer Litchfield and one of his deputies, Sgt. Dale Dicharry, appeal an adverse judgment against them in favor of Plaintiff/Appellee, Kenneth Martin, asserting one assignment of error: Kenneth Martin's claim against them had prescribed. For reasons stated, we remand this matter to the trial court for further proceedings on the issue of prescription.

FACTS AND PROCEDURAL HISTORY

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