Boutte v. Emmer

The opinion of the court was delivered by

Breaux, J.

Plaintiff sues to recover $10,000 exemplary damages from the defendant, who is the Mayor of the town of New Iberia.

On the 24th of December, 1889, defendant had him arrested and imprisoned, from about 5 o’clock in the evening to about 8 a. m. of the day following. Plaintiff complains of injury in that he was arrested without any process of law and placed in jail, maliciously and without probable cause. That just preceding his arrest the defendant made an assault on him.

The plaintiff is a constable.

He had arrested two negroes and had taken them…