Frank v. City of Ville Platte

715 So. 2d 530, 98 La.App. 3 Cir. 0155, 1998 La. App. LEXIS 1503, 1998 WL 283041
CourtLouisiana Court of Appeal
DecidedJune 3, 1998
DocketNo. 98-155
StatusPublished
Cited by1 cases

This text of 715 So. 2d 530 (Frank v. City of Ville Platte) 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
Frank v. City of Ville Platte, 715 So. 2d 530, 98 La.App. 3 Cir. 0155, 1998 La. App. LEXIS 1503, 1998 WL 283041 (La. Ct. App. 1998).

Opinion

hPETERS, Judge.

This is a suit by Jerbert Frank for personal injury damages arising out of a battery committed against him by the victim of a crime that Mr. Frank allegedly perpetrated. The battery occurred while Mr. Frank was seated in the back of the police car during a field identification by an eyewitness. Mr. Frank appeals the judgment that dismissed his claim against the City of Ville Platte, which had custody of Mr. Frank at the time of the battery.

DISCUSSION OF THE RECORD

On the night of October 8, 1996, Ermon McCauley and his wife were at the home of Herman Doyle. Mr. McCauley’s vehicle was parked in Mr. Doyle’s driveway. As Mr. Doyle was bringing his dog outside, he noticed that someone was in Mr. McCauley’s vehicle. Mr. Doyle began chasing the perpetrator, and he yelled |2at those inside of his house to call the police. The perpetrator had a booksack in his hand, and at some point, he threw it at Mr. Doyle. Mr. Doyle eventually gave up the chase. ■

Officer Pat Foret, an officer with the Ville Platte Police Department, received a call that some people were arguing. Hé and Officer Neal Lartigue, who was in a separate vehicle, met up with Mr. Doyle, who informed them' that someone had been digging in a car at his house and that he had chased the person down the road. Mr. Doyle told the officers that the perpetrator was dressed in white pants, a white shirt, and a cap and was a black person. Officer Foret then went in the direction of the chase to try to find the perpetrator. Officer Foret came upon another individual who told the officer that he had seen a black person in white pants, a white shirt, and a cap, running.

Officer Foret found Mr. Frank, who fit the description given to him, approximately two and one-half blocks from Mr. Doyle’s home. Officer Foret testified that Mr. Frank was sweating and was short of breath. Officer Foret told Mr. Frank that someone had just burglarized a vehicle and that Mr. Frank fit the description. He asked Mr. Frank to accompany him to the crime scene to see if he could be identified, and Mr. Frank consented. At trial, Mr. Frank denied being winded or sweating and denied having committed the burglary. Additionally, Mr. Frank testified that he was wearing light gray pants, a white shirt with brown stripes, and a cap.

Officer Foret took Mr. Frank to Mr. Doyle’s home for a field identification. Mr. Frank sat in the backseat of the police unit, but Officer Foret did not lock the back doors. Mr. Doyle identified Mr. Frank as the perpetrator of the offense. The testimony is conflicting as to whether Officer Foret remained in the police ear during the identification, but it is undisputed that Mr. McCauley grabbed Mr. Frank. Mr. Frank testified that Mr. McCauley grabbed him by the collar and tried to pull him out of the hear. According to Mr. Frank, the top of his head hit the doorway of the car and Mr. McCauley struck him once or twice. Mr. McCauley was arrested for battery and for interfering with the duties of an officer. Mr. Frank was arrested for simple burglary and theft of a booksack of a value of less than $100.00.

At the time of his arrest, Mr. Frank was out on parole for a prior offense. He was detained as a parole violator and did not receive a seventy-two-hour hearing until October 23, 1996. Although Mr. Frank maintains his innocence, he ultimately pled guilty to simple burglary to avoid being tried as a multiple offender.

Mr. Frank filed the instant suit against the City of Ville Platte, seeking damages for the [532]*532battery committed on him while he was in the exclusive custody of the City and for false imprisonment for fifteen days while awaiting the seventy-two-hour hearing.1 The trial court found no liability on the part of the City and dismissed Mr. Frank’s suit. Mr. Frank appeals.

OPINION

Generally, a police officer owes a general duty to a prisoner to save him from harm, and the officer is liable for the prisoner’s injuries resulting from a breach of such a duty. Manuel v. City of Jeanerette, 95-1202 (La.App. 3 Cir. 9/10/97); 702 So.2d 709. However, this means that the police officer must do only what is reasonable under the circumstances, and he is liable for only a certain category of risks to which his prisoner may be subjected. Langford v. City of Leesville, 442 So.2d 1375 (La.App. 3 Cir. 1983).

In Langford, the plaintiff sued for the wrongful death of his son, who shotUhimself after admitting involvement in a burglary and theft. The son had accompanied officers to his residence to assist them in recovering the stolen goods. After assisting the officers, the son broke and ran into the house, locking the door behind him. He then shot himself. The court of appeal affirmed the trial court’s finding of no liability on the part of the employers of the officers, explaining that since there was no evidence showing that the son had suicidal tendencies or a propensity to harm himself, the risk of harm encountered, i.e., that the son would intentionally escape for the purpose of harming himself, did not fall within the scope of the duty owed by the officers to save their prisoner from harm.

In Garrison v. City of Berwick, 417 So.2d 48 (La.App. 1 Cir.1982), the plaintiff sued for injuries sustained when her brother-in-law struck her in the face while the two were being transported to the police station in the back of the police car after having been arrested. In that ease, the plaintiff and her brother-in-law had been arguing, and the plaintiff allegedly had fired several shots in her brother-in-law’s direction. The brother-in-law had also obtained a gun and fired a shot in the air. Officers arrested and handcuffed the hostile plaintiff, who struggled against the officers. The brother-in-law told the officers that he did not want to be handcuffed but that he would go voluntarily with them. At the time, a rather large and hostile crowd had gathered, and one of the officers felt it was in the best interest of all to avoid delay and allow the brother-in-law to get into the police car even though he was not handcuffed. On the way to the police station, which was approximately five minutes from the scene of the arrests, the officers became aware that the two were arguing in the backseat. The plaintiff began ridiculing her brother-in-law, and the brother-in-law testified that she was also spitting on him and kicking him. The brother-in-law struck the plaintiff in the face, wounding her eye. The plaintiff filed suit against the City of Ber-wick, the two officers, and her |sbrother-in-law. A jury denied the plaintiffs claims against the City and the officers. The court of appeal found no manifest error in the jury’s decision, finding that the officers acted reasonably in handcuffing the hostile plaintiff and allowing the brother-in-law to remain without handcuffs due to his comparatively cooperative nature and the need to get away from the increasingly hostile crowd. Additionally, the court of appeal found that the officers acted reasonably in transporting the arrestees. Specifically, one of the officers attempted to prevent the harm by stopping the car and announcing he was going to handcuff the brother-in-law. However, the other officer advised him to proceed to the police station because six or seven cars containing the plaintiffs neighbors were following closely behind. As soon as the brother-in-law hit the plaintiff, the car was stopped and the two were separated.

In the instant case, Officer Foret testified that he brought Mr. Frank to Mr. Doyle’s home for a field identification so that if Mr.

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Related

Frank v. City of Ville Platte
730 So. 2d 887 (Supreme Court of Louisiana, 1999)

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Bluebook (online)
715 So. 2d 530, 98 La.App. 3 Cir. 0155, 1998 La. App. LEXIS 1503, 1998 WL 283041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-city-of-ville-platte-lactapp-1998.