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KENNEDY v. SHERIFF OF EAST BATON ROUGE

No. 2004 CA 0574.

899 So.2d 682 (2005)

Alfred KENNEDY, III v. SHERIFF OF EAST BATON ROUGE and Jack in the Box Eastern Division L.P. d/b/a Jack in the Box.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 11, 2005.

Attorney(s) appearing for the Case

Harley M. Brown, Baton Rouge, Counsel for Plaintiff/Appellant, Alfred Kennedy, III.

Stephen R. Wilson, Baton Rouge, Counsel for Defendant/Appellee, Jack In The Box, Inc.

Cyrus J. Greco, Leu Ann Greco, Megan Coogan Foco, Baton Rouge, Counsel for Defendant/Appellee, Sheriff Elmer B. Litchfield.

Before: WHIPPLE, DOWNING, and HUGHES, JJ.

HUGHES, J.

This is an appeal from a summary judgment dismissing the defendants in an action for false arrest and defamation. For the reasons that follow, we vacate the judgment and remand.

FACTS AND PROCEDURAL HISTORY

On December 7, 2001 Alfred Kennedy, III entered the drive-through lane of the Jack in the Box restaurant on Scenic Highway in Baton Rouge. Mr. Kennedy was a passenger in a vehicle with four female companions. After orders for food were...

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