Herron v. Jackson

DOUCET, Judge.

Plaintiffs, Brenda and William Herron, appeal from a judgment sustaining a court-supplied exception of prescription. Defendants answered the appeal asking for damages for frivolous appeal, and, in the event this court reverses the trial court judgment, that this court grant a previously filed motion for summary judgment.

This suit arose out of a claim for damages sustained by plaintiffs, husband and wife, after their arrest for possession of marijuana. Mrs. Herron, who was incarcerated in lieu of posting a $50,000 bond, alleged that she was forced by a deputy sheriff on duty at…