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SUPREME COURT OF LOUISIANA NO. 98-C-1819 JERBERT FRANK V. CITY OF VILLE PLATTE

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF EVANGELINE

PER CURIAM*
We granted certiorari in this case to consider whether the court of appeal erred in reversing the judgment of the trial court and awarding plaintiff damages for illegal detention.

FACTS AND PROCEDURAL HISTORY On the night of October 8, 1996, Joseph McCauley was visiting the home of Herman Doyle, and had his vehicle parked in Mr. Doyle's driveway. As Mr. Doyle was preparing to walk his dog, he noticed an individual, later identified as Jerbert Frank, burglarizing Mr. McCauley's vehicle. Mr. Doyle began chasing the perpetrator, and called out for those inside his house to telephone the police. Subsequently, the police apprehended Mr. Frank several blocks from Mr. Doyle's home. The arresting officer, Sergeant Patrick Foret of the Ville Platte Police Department, placed Mr. Frank in the back seat of his police car and brought him to Mr. Doyle's home for identification. Mr. Doyle identified Mr. Frank as the perpetrator of the offense. While Mr. Frank was in the back of the police car, Mr. McCauley grabbed him by the collar and allegedly struck him once or twice.1 Sergeant Foret then transported Mr. Frank to the police station, where he was charged with simple burglary and theft. Shortly after the arrest, the officers learned that Mr. Frank was on parole from an earlier offense and notified Mr. Frank's parole officer of his arrest. On October 9,

*

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

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