Duncan v. Perez

CASSIBRY, District Judge:

This action was brought pursuant to 42 U.S.C. § 1983, 28 U.S.C. § 1343(3), 28 U.S.C. §§ 2201-2202, and the equity jurisdiction of the court.

In October, 1966, plaintiff Gary Duncan was arrested in Plaquemines Parish, Louisiana (the Twenty-Fifth Judicial District) and was charged with cruelty to a juvenile in violation of La.Rev.Stat. § 14:93. Duncan, a Negro, was alleged to have slapped a white youth on the arm after breaking up a confrontation between four white boys and two Negro boys (both cousins of Duncan’s) near the then recently integrated BoothvilleVenice…