McINTYRE v. ST. TAMMANY PARISH SHERIFF

No. 2002 CA 0700.

844 So.2d 304 (2003)

Della McINTYRE v. THE ST. TAMMANY PARISH SHERIFF, Jack Strain, and the St. Tammany Parish Sheriff's Department and St. Tammany Parish Deputies X, Y and Z, and XYZ Insurance Company, and the Town of Abita Springs and Abita Springs Deputies Roby Rogers and Deputy X, and ABC Insurance Company and the State of Louisiana, Department of Corrections, Probation Services, and Probation Officer, Lauren McElveen, and Rene C. Duffourc, III, M.D.

Court of Appeal of Louisiana, First Circuit.

March 28, 2003.


Attorney(s) appearing for the Case

Delbert G. Talley, Covington, for Plaintiff-Appellant, Della McIntyre.

Marjorie G. O'Connor, Assistant Attorney General, Baton Rouge, for Defendants-Appellees, Lauren McElveen and the State of Louisiana, Through the Department of Public Safety and Corrections.

Alan D. Ezkovich, Lisa A. Valley, New Orleans, for Defendant, The Town of Abita Springs.

Before: CARTER, C.J., WHIPPLE, and CIACCIO, JJ.


CARTER, C.J.

This appeal arises out of a negligence action brought by Della McIntyre (plaintiff) against probation officer Lauren McElveen (McElveen) and the State of Louisiana, through the Department of Public Safety and Corrections (DPS).2 The action stems from the murder of plaintiff's two children by her ex-husband and probationer, Talmadge "Tommy" McIntyre (McIntyre). The trial court granted...

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