ROSS v. CITY OF NEW ORLEANS

No. 2000-CA-1879.

808 So.2d 751 (2001)

Vivian ROSS, Arthur Ross, Cynthia Bernard, Pamela Hudson, individually and as Tutrix of Her Minor Son, Kevin Hudson, Jr. and Ronald Davis, Sr. individually and as Tutor of His Minor Children, Sandra Davis, Chandra Davis and Ronald Davis, Jr. v. The CITY OF NEW ORLEANS and Harry Lee, in his official capacity as Sheriff of Jefferson Parish.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing March 5, 2002.


Attorney(s) appearing for the Case

Al Ambrose Sarrat, Darleen M. Jacobs, Jacobs & Sarrat, New Orleans, LA, Counsel for Plaintiff/Appellee.

Daniel R. Martiny, Martiny & Caracci, Metairie, LA, Mavis S. Early, City Attorney, Franz L. Zibilich, Chief Deputy City Attorney, Joseph V. DiRosa, Jr., Deputy City Attorney, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE.


LOVE, Judge.

Defendants, The City of New Orleans and Sheriff Harry Lee, appeal the trial court's judgment awarding damages to the plaintiffs for an unreasonable search during an attempt to execute an arrest warrant at the wrong house. The trial court found that the plaintiffs were subjected to humiliation and some physical injury as a result of the arrest attempt. For the following reasons, we affirm the judgment of the trial court because we find that the New Orleans...

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