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MOTT v. CITY OF EUNICE EX REL. MORRIS

Nos. 13-921, 13-655.

128 So.3d 687 (2013)

Troy MOTT v. CITY OF EUNICE, Louisiana Through Its Mayor, Robert "Bob" MORRIS; Chief Gary "Goose" Fontenot In His Capacity As Chief Of Police Of Eunice, Louisiana; Micah Arceneaux, Individually and In His Capacity As A Eunice Police Officer; Jeremy Ivory, Individually and In His Capacity As A Eunice Police Officer; Billy McCauley, Jr., Individually and In His Capacity As A Eunice Police Officer.

Court of Appeal of Louisiana, Third Circuit.

December 11, 2013.

Attorney(s) appearing for the Case

Michael L. Barras , New Iberia, LA, for Plaintiff-Appellant, Troy Mott.

John F. Wilkes, III , Joy C. Rabelais , Lafayette, LA, for Defendants-Appellees, The City of Eunice; Chief James Gary Fontenot, in his official capacity as Chief of Police of the City of Eunice; Officer Johannes Heinen, individually and in his capacity as a police officer for the City of Eunice; and Officer Allorate Frank, individually and in his capacity as a police officer for the City of Eunice; and Officer Ramone Sonnier, individually and in his capacity as a police officer for the City of Eunice.

Joseph Stamey , Natchitoches, LA, for Defendant-Appellee, Michael Perry, individually and in his capacity as a police officer for the City of Eunice.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

Plaintiff, Troy Mott, appeals the trial court's dismissal of his claims against Officers Michael Perry, Johannes Heinen, Ramone Sonnier, and Allorate Frank pursuant to an exception of prescription. For the following reasons, we affirm.

FACTS

On January 8, 2010, Plaintiff filed suit naming as defendants the City of Eunice (Eunice); Gary Fontenot, individually and in his capacity as Chief of Police for Eunice (the Chief); Micah Arceneaux...

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