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PHILLIPS v. CITY OF CROWLEY

No. 12-1306.

115 So.3d 1240 (2013)

Reginald PHILLIPS v. CITY OF CROWLEY, et al.

Court of Appeal of Louisiana, Third Circuit.

June 19, 2013.

Attorney(s) appearing for the Case

Harold D. Register, Jr. , Rochell Jones , Lafayette, LA, for Plaintiff/Appellant, Reginald Phillips.

James L. Pate , Sara Rodrigue , Laborde & Neuner, Lafayette, LA, Thomas K. Regan , Crowley, LA, for Defendant/Appellee, The City of Crowley.

Homer Ed Barousse, Jr. , Barousse & Craton, L.L.C., Crowley, LA, for Defendant/Appellee, Wayne A. Melancon, Sheriff of Acadia Parish, Louisiana.

Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS, JAMES T. GENOVESE, SHANNON J. GREMILLION, and JOHN E. CONERY, Judges.

COOKS, Judge.

This appeal arose out of an incident where Kimberly Phillips shot her husband, Reginald Phillips, in their home on July 16, 2009. In the weeks prior to the shooting, Kimberly and Reginald had been involved in an ongoing domestic dispute.

On July 1, 2009, Kimberly filed a Petition for Protection from Abuse against Reginald. The district court issued a temporary restraining order (TRO) against Reginald, which required him to leave the family home...

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