Delatte v. Genovese

LANDRY, Judge.

Plaintiff appeals from a summary judgment of the lower court rejecting his claim against defendant in his capacity of Coroner, Tangipahoa Parish, for false arrest and imprisonment arising from an alleged improper commitment to a mental institution. We reverse the judgment of the trial court on finding defendant’s motion for summary judgment of dismissal was improperly sustained.

The salient question for decision is one of law, namely, defendant’s asserted legislative immunity from suit in his official capacity as Coroner.

The undisputed facts are as follows: On or about December…