Legal Opinion

Harvey v. City of Eunice Police Department

Louisiana Court of Appeal

Decided April 6, 2011No. 10-1228PublishedCited by 6 opinions

1Opinion of the Court

AMY, Judge.

b 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 following reasons, we affirm. We deny the defendants’ request for damages, attorney’s fees and costs for frivolous appeal.

Factual…

2Cases cited10 opinions

  1. Kyle v. City of New OrleansSupreme Court of Louisiana · 1977
  2. Hebert v. Rapides Parish Police JurySupreme Court of Louisiana · 2008
  3. Ardoin v. Firestone Polymers, L.L.C.Supreme Court of Louisiana · 2011
  4. Stroik v. PonsetiSupreme Court of Louisiana · 1997
  5. LaBauve v. StateLouisiana Court of Appeal · 1993

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3Cited by6 opinions

  1. Smith v. GuidrozLouisiana Court of Appeal · 2013
  2. Carter v. DupuyCourt of Appeals for the Fifth Circuit · 2026
  3. Floyd v. City of CarencroLouisiana Court of Appeal · 2014
  4. Jurnell Smith v. Bobby GuidrozLouisiana Court of Appeal · 2013
  5. Ratcliff Development, L.L.C. v. Ollie Lee Corp.Louisiana Court of Appeal · 2015

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