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

Supreme Court of Louisiana·Decided April 3, 1998·No. No. 98-C-0072·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

717 So. 2d 225 (Martin v. City of New Iberia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related