Collins v. McElveen

682 So. 2d 978, 1996 WL 638219
CourtLouisiana Court of Appeal
DecidedNovember 6, 1996
Docket96-633
StatusPublished
Cited by3 cases

This text of 682 So. 2d 978 (Collins v. McElveen) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. McElveen, 682 So. 2d 978, 1996 WL 638219 (La. Ct. App. 1996).

Opinion

682 So.2d 978 (1996)

Courtlande COLLINS, Sr., Plaintiff-Appellant,
v.
Wayne McELVEEN, Sheriff of Calcasieu Parish and Unknown Deputy Sheriffs of Calcasieu Parish, Defendant-Appellee.

No. 96-633.

Court of Appeal of Louisiana, Third Circuit.

November 6, 1996.

James Edwards Burks, Lake Charles, for Courtlande Collins, Sr.

Michael Steven Beverung, Lake Charles, for Wayne McElveen.

Before DOUCET, C.J., and SAUNDERS and AMY, JJ.

*979 AMY, Judge.

The appeal arises from the arrest of Courtlande Collins, Sr. on October 11, 1994, by a deputy of the Calcasieu Parish Sheriff's Office. Collins filed a suit against Wayne McElveen, Sheriff of Calcasieu Parish, seeking damages for the alleged failure of the Calcasieu Parish Sheriff's Office to return a sum of money he claims to have been taken from him when he was arrested. The trial court found that Collins failed to prove his claim by a preponderance of the evidence. For the reasons which follow, we affirm.

DISCUSSION OF THE RECORD

On October 11, 1994, at approximately 10:00 p.m., plaintiff, Courtlande Collins, Sr., was stopped by Calcasieu Parish Sheriff's Deputy Lee Schreve on Broad Street in Lake Charles, Louisiana. Deputy Schreve stopped Collins because he was following too close to the vehicle in front of him. After Deputy Schreve had ascertained that Collins' license had been suspended, he arrested Collins. Deputy Schreve handcuffed Collins, who was wearing a prosthesis on his left leg, and placed Collins in the back seat of the police vehicle. At that point, Deputy Schreve began to transport Collins to the Calcasieu Parish Correctional Center. However, during the ride, when Deputy Schreve crossed the railroad tracks near Chennault Field, Collins complained that he had been injured because he was "bounced" around in the back of the vehicle.

When Deputy Schreve arrived at the correction center, he called an ambulance and a local ambulance service transported Collins to Moss Regional Hospital. When Collins refused treatment, Deputy Schreve transported him back to the correctional center. Collins was booked in and placed in a holding cell overnight. The next morning, while Collins was being processed for release, the Calcasieu Parish Sheriff's Office discovered that the Grant Parish Sheriff's Office had issued a "hold" for a Courtlande Collins because of a traffic violation. Collins was then informed that he could not be released until he paid that ticket, which was in the amount of $195.50. Collins arranged for that ticket to be paid. However, it was subsequently discovered that the violation in Grant Parish was for his son, Courtlande Collins, Jr.

Before his release, Collins was presented with an inventory form to sign which allegedly listed all the property that he had on his person when he was booked the previous night. Collins refused to sign that form when he read that he only had $197.00 in his wallet at the time of his booking. Collins informed an employee of the Calcasieu Parish Sheriff's Office that he had $3,200.00 in his wallet when he was arrested. After Collins was released, he filed a complaint with the Calcasieu Parish Sheriff's Office; however, Collins did not receive a favorable response.

On December 20, 1994, Collins filed a "Petition For Return of U.S. Currency" against Wayne McElveen, the Sheriff of Calcasieu Parish, and his employees who were working at the Calcasieu Parish Sheriff's administrative building when he was arrested. A trial on the merits was held on January 4 and 5, 1996. The trial court rendered judgment on January 29, 1996, against Collins on his claim for the return of the alleged $3,200.00. Specifically, the trial court found that Collins had failed to prove by a preponderance of the evidence that he had $3,200.00 in his wallet on October 11, 1994, when he was arrested. However, the trial court granted judgment in favor of Collins for $195.50, the amount which Collins paid for the traffic violation in Grant Parish of his son.

Collins appeals from that judgment and asserts that the trial court was clearly wrong in finding that he did not prove by a preponderance of the evidence that he had $3,200.00 in his wallet when he was arrested.

LAW

In a civil suit, the plaintiff bears the burden of proving every element of his case. Derouen v. State Farm Mut. Auto. Ins. Co., 445 So.2d 139 (La.App. 3 Cir.1984). One who asserts a fact in a civil action must carry the burden of proving that fact by a preponderance of the evidence. Artificial Lift, Inc. v. Production Specialties, Inc., 626 So.2d 859 (La.App. 3 Cir.1993), writ denied, 94-112 (La.3/11/94), 634 So.2d 394; Dupre v. *980 Joe's Riverside Seafood, Inc., 578 So.2d 158 (La.App. 1 Cir.1991). Proof by a preponderance of the evidence exists when the evidence, taken as a whole, shows that a fact sought to be proved is more probable than not. East v. Crying Eagle Constr., 95-560 (La.App. 3 Cir. 11/22/95), 664 So.2d 746, writ denied, 95-3077 (La.2/16/96), 667 So.2d 1057; Glenn v. State Farm Mut. Auto. Ins. Co., 617 So.2d 176 (La.App. 3 Cir.1993). "If the party bearing the burden of proof fails to satisfy his burden by the requisite preponderance, his case fails to outweigh his adversary and he necessarily loses." Smith v. State Dept. Of Health & Hosp., 94-871, p. 11 (La.App. 3 Cir. 2/15/95), 650 So.2d 450, 456, writ denied, 95-693 (La.4/28/95), 653 So.2d 596. An appellate court will not set aside a trial court's finding of fact unless it is clearly wrong or manifestly erroneous. Lewis v. State Through Dept. Of Transp. and Development, 94-2370 (La.4/21/95), 654 So.2d 311; Weatherford v. Commercial Union Ins., 94-1793 (La.2/20/95), 650 So.2d 763.

The trial court, in its oral reasons for judgment, stated in pertinent part that:

This case, succinctly put, involves principally the claim by the plaintiff for the return of $3200 in cash which he says that he had on him when he was arrested and which he did not—was not returned to him when he was released. And there's a whole lot of other ancillary circumstances and facts brought up in the testimony, and maybe this is the place for me to state again what the Court understood was at issue in this case; and, that is, what's at issue in this case is the claim for the return of the $3200 and as announced in argument a claim for the money paid on the ticket which that's all within the pleadings and for any damages relating to the failure to return the money or the failure—damages related to being required to pay the ticket. I have not considered this case for anything more than that and I'm not considering it or going to bother analyzing anything about any claim how Mr. Collins claims he was treated, effecting it. I suppose everybody went into all that, just trying to bear on the credibility one way or the other, the general conduct. I don't know any other relevance a lot of that had to do with the case here; so, I'm restricting my ruling here to the elements I just announced.

We also focus our review strictly on whether the trial court erred by finding that Collins did not prove by a preponderance of the evidence that he had $3,200.00 in his wallet at the time he was booked at the Calcasieu Parish Correctional Center.

The following evidence was enunciated at trial on this specific issue.

Collins testified that, on October 11, 1994, he had $3,200.00 all in $100.00 bills in his wallet. He stated that he had won over $2,000.00 at the Players Casino Riverboat playing blackjack a few days earlier.

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Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 978, 1996 WL 638219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-mcelveen-lactapp-1996.