FALCON v. TOWN OF BERWICK

No. 2003 CA 1861.

885 So.2d 1222 (2004)

Michael FALCON, Sr. v. TOWN OF BERWICK.

Court of Appeal of Louisiana, First Circuit.

June 25, 2004.


Attorney(s) appearing for the Case

Edward J. Cloos, III, Covington, for Plaintiff-Appellant Michael Falcon, Sr.

Angela M. Barbera, James L. Pate, LaBorde & Neuner, Lafayette, for Defendants-Appellees Town of Berwick and St. Paul Mercury Insurance Company.

Allen A. McElroy, Jr., McElroy & Duffy, Berwick, for Defendant-Appellee Town of Berwick.

Before: CARTER, C.J., PARRO, and GUIDRY, JJ.


PARRO, J.

The plaintiff appealed from a judgment sustaining the defendants' peremptory exception and dismissing his claim for damages on the ground of no right of action. For the following reasons, the judgment is reversed, and the case is remanded to the trial court with instructions.

Factual and Procedural Background

At approximately 9:00 p.m. on October 21, 2001, Michael Falcon, Jr. was arrested for disturbing the peace, taken into custody...

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