Martin v. City of New Iberia

Supreme Court of Louisiana

Martin v. City of New Iberia

717 So. 2d 225, 1998 La. LEXIS 1466, 1998 WL 327959

CourtSupreme Court of Louisiana

DecidedApril 3, 1998

DocketNo. 98-C-0072

StatusPublished

This text of 717 So. 2d 225 (Martin v. City of New Iberia) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. City of New Iberia, 717 So. 2d 225, 1998 La. LEXIS 1466, 1998 WL 327959 (La. 1998).

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Opinion

In re Romeo, Erroll; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA97-0617; Parish of Iberia, 16th Judicial District Court, Div.“C”, No. 81,209.

Granted with order. Judgment of the Court of Appeal is vacated and set aside. Judgment of the trial court is reinstated. Plaintiff was validly detained pursuant to the search warrant and the search, Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981); and the law enforcement officers acted prudently in handcuffing the [226]*226defendant. United States v. Fullwood, 86 F.3d 27, 29-30 (2nd Cir.1996); State v. Banks, 720 P.2d 1380 (Utah 1986). There were no issues .of material fact, and defendant was entitled to judgment as a matter of law. Therefore, the trial court correctly granted the defendant’s motion for summary judgment. La.Code Civ.P. art. 966(B).

CALOGERO, C.J., and LEMMON, J., would grant and docket. JOHNSON, J., not on panel.

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In re Romeo, Erroll; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA97-0617; Parish of Iberia, 16th Judicial District Court, Div.“C”, No. 81,209.

Granted with order. Judgment of the Court of Appeal is vacated and set aside. Judgment of the trial court is reinstated. Plaintiff was validly detained pursuant to the search warrant and the search, Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981); and the law enforcement officers acted prudently in handcuffing the [226]*226defendant. United States v. Fullwood, 86 F.3d 27, 29-30 (2nd Cir.1996); State v. Banks, 720 P.2d 1380 (Utah 1986). There were no issues .of material fact, and defendant was entitled to judgment as a matter of law. Therefore, the trial court correctly granted the defendant’s motion for summary judgment. La.Code Civ.P. art. 966(B).

CALOGERO, C.J., and LEMMON, J., would grant and docket. JOHNSON, J., not on panel.

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Bluebook (online)

717 So. 2d 225, 1998 La. LEXIS 1466, 1998 WL 327959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-city-of-new-iberia-la-1998.

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