HARVEY v. CITY OF EUNICE POLICE DEPT.

No. 10-1228.

62 So.3d 290 (2011)

Henry HARVEY, et ux. v. CITY OF EUNICE POLICE DEPARTMENT, et al.

Court of Appeal of Louisiana, Third Circuit.

April 6, 2011.


Attorney(s) appearing for the Case

John F. Wilkes, III , Borne & Wilkes, L.L.P., Lafayette, LA, for Defendants/Appellees City of Eunice Police Department, Chief Gary Fontenot.

Jarvis J. Claiborne , Opelousas, LA, for Plaintiffs/Appellants Henry Harvey, Lisa Harvey.

Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS, and MARC T. AMY, Judges.


AMY, Judge.

The plaintiffs filed suit, seeking damages for injuries they alleged were the result of the defendants' unlawful actions in arresting Mr. Henry Harvey for disturbing the peace and resisting an officer. The defendants asserted various defenses, including that the arrest was lawful and that the officers involved did not use excessive force. After trial, the trial court found in favor of the defendants and dismissed the case. The plaintiffs appeal. For the...

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