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SUPREME COURT OF LOUISIANA NO. 98-C-1263

WASHINGTON G.B. BRYAN V. THE CITY OF NEW ORLEANS, ET AL.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, STATE OF LOUISIANA

PER CURIAM*
We granted certiorari in this case solely to determine whether the court of appeal erred in increasing the trial court's damage award. Upon a review of the record, we find that the court of appeal did so err. The trial court's award of damages is not clearly wrong, and we therefore reinstate that award.

FACTS AND PROCEDURAL HISTORY On the evening of August 11, 1992, Officer Albert Miller of the New Orleans Police Department stopped plaintiff, Dr. Washington G.B. Bryan, for speeding and tailgating on the interstate. As Officer Miller was writing out the traffic tickets, plaintiff walked back to his car and apparently attempted to leave the scene.1 As a result, Officer Miller removed plaintiff from his car, handcuffed him, and placed him in the back of the police car. Plaintiff indicated that the handcuffs were "too tight," and described Officer Miller's treatment as "rough and humiliating." After a brief period,2 Officer Miller removed the handcuffs, issued four traffic tickets to plaintiff, and told him he was free to go.

*

Marcus, J. not on panel. Rule IV, Part II,

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