Sullivan v. Quick

465 So. 2d 254
CourtLouisiana Court of Appeal
DecidedMarch 6, 1985
Docket84-163
StatusPublished
Cited by5 cases

This text of 465 So. 2d 254 (Sullivan v. Quick) 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
Sullivan v. Quick, 465 So. 2d 254 (La. Ct. App. 1985).

Opinion

465 So.2d 254 (1985)

Jerry Lane SULLIVAN, Plaintiff-Appellee,
v.
Howard QUICK, et al., Defendant-Appellant.

No. 84-163.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1985.
Writ Denied May 3, 1985.

*255 Thomas, Dunahoe & Gregory, A.J. Gregory, Jr., Natchitoches, for defendant-appellant.

Wright & Wright, R. Stuart Wright, Natchitoches, for plaintiff-appellee.

Howard Quick, in pro. per.

Before DOMENGEAUX, KNOLL and KING, JJ.

KING, Judge.

The sole issue presented by this appeal is whether or not the Sheriff of Natchitoches Parish, Louisiana is liable for an intentional tort committed by one of his uniformed deputies during an off-duty arrest.

Plaintiff, Jerry L. Sullivan, sued defendant, Deputy Howard Quick, for injuries received when Quick arrested and physically beat Sullivan. Sullivan also sued Sam James, then Sheriff of Natchitoches Parish, Louisiana on a theory of vicarious liability. Since James was no longer sheriff at the time of trial, he was dismissed and his successor, Sheriff Norman Fletcher, was substituted as a defendant. The trial court found Quick and Sheriff Fletcher liable in solido for $18,250.00 in damages. Only Sheriff Fletcher appeals. We affirm.

Since defendant Quick has neither appealed nor answered the appeal, the judgment of the district court is final insofar as it decrees liability on his part.

Sheriff Fletcher sets forth two specifications of error on appeal:

(1) The trial court erred in holding that he was responsible for the unjustified and unwarranted battery and purely intentional tort inflicted by Deputy Howard Quick on the plaintiff; and
(2) The trial court erred and abused its much discretion in awarding $18,250.00 in general damages to the plaintiff.

FACTS

The undisputed facts of this case were succinctly stated by the trial judge in his excellently written reasons for judgment which we adopt as our own, to-wit:

"The evidence in this case reveals that the plaintiff, JERRY SULLIVAN, is an agent for the Louisiana Department of Wildlife and Fisheries, who in the course and scope of his duties observed James Keith Bates and Shelia Bates hunting at night from a public highway with a spotlight and gun. This observation was made on the night of December 18, 1979 and subsequent to this discovery agent Sullivan, the plaintiff, secured an arrest warrant for Mr. and Mrs. Bates and along with agent Hugh Hay went to the residence of Mr. and Mrs. Bates to serve the warrant at approximately 5:15 P.M. on December 22, 1979. Upon being arrested Mr. and Mrs. Bates requested that they be permitted to go by the residence of Mr. Howard Quick, the defendant, for the purpose of advising him that they had been arrested and would not be able to go Christmas Shopping. Deputy Howard Quick is the father of Mrs. Bates. The plaintiff and the other wildlife and fisheries agent permitted Mr. and Mrs. Bates to drive their own automobile to the home of Deputy Howard Quick. When they arrived at the residence of Howard Quick, the Bates were permitted to go inside Mr. Quick's home and agents Sullivan and Hay remained outside in their wildlife and fisheries unit. Both the plaintiff and agent Hay were dressed in the uniform which is standardly issued to all agents of that department and were easily identifiable as wildlife and fisheries agents.
"Within a few minutes, Deputy Howard Quick exited the residence and walked toward the pickup truck in which agents Sullivan and Hay were sitting. Agent Hay stepped out of the pickup truck and shook hands with Deputy Quick. Deputy Quick then walked behind the pickup truck and held out his hand in what appeared to be an attempt to shake agent Sullivan's hand. However, *256 instead of shaking agent Sullivan's hand and then releasing his hand, Deputy Quick grabbed agent Sullivan's hand and began hitting him with the other hand. After Deputy Quick had inflicted some 4 or 5 blows on the plaintiff, he somehow broke loose of the hold of Deputy Quick and stepped back. It was at this time that James Keith Bates grabbed agent Hay's weapon from his holster. When this took place, agent Sullivan drew his weapon from his holster and pointed it at Deputy Quick. At this point the fighting terminated and Deputy Quick requested in a civil manner that he be permitted to see the arrest warrants which were being served on his daughter and son-in-law. The plaintiff then holstered his weapon and returned to the wildlife and fisheries unit for the purpose of showing the warrants to Deputy Quick. While agent Sullivan was in the pickup truck Deputy Quick again attacked him hitting him several more times mainly about the head and face. It was during this time that Deputy Quick removed agent Sullivan's weapon from his possession thus disarming both agents Hay and Sullivan. At some point during this second altercation, Deputy Quick informed the plaintiff that he was placing him under arrest and that he would be taken to the Natchitoches Parish Jail as his prisoner. He further informed the plaintiff that `he was the law in Natchitoches Parish and that he would serve any warrants that had to be served.' At some point during the second flurry of blows, agent Sullivan managed to call for help on his patrol unit radio. This call was overheard by a State Trooper, Mr. Scotty Fletcher, and by two wildlife and fisheries department agents, Billy Crawford and F.B. Harper. Within a short time after this call was made agents Crawford and Harper and Trooper Fletcher arrived at the scene. Agent Crawford testified at the trial of this matter that by the time he arrived the confrontation was over. Agent Crawford further testified that Deputy Howard Quick was obviously in charge of the situation and had apparently arrested agent Sullivan for reasons that were not known to agent Crawford at that time.
"Deputy Quick then placed agent Sullivan, who was in a semi-conscious state and bleeding severely from the nose, in his Natchitoches Parish Sheriff's patrol car to transport him to Natchitoches. The wildlife and fisheries agents requested that they be permitted to transport Mr. Sullivan to the hospital but this request was denied by Deputy Quick. The other wildlife and fisheries agents also requested that Deputy Quick advise them as to what agent Sullivan was being arrested for and this request was likewise denied by Deputy Quick. The wildlife and fisheries agents and state trooper, not wanting to have any further confrontations with Deputy Quick, permitted him to take agent Sullivan as a prisoner and transport him to Natchitoches which is some twenty-five (25) miles south of the point where the arrest took place. Agent Sullivan testified that during the trip from Ashland to the Sheriff's Office Deputy Quick made several statements to him to the effect that when he, Deputy Quick, got out of uniform he was going to give him a worse beating.
"Deputy Quick then drove agent Sullivan to the city of Natchitoches but carried him to the Natchitoches Parish Hospital rather than to the Sheriff's Office. They were met at the Natchitoches Parish Hospital by other deputies of the Natchitoches Parish Sheriff's Office who read agent Sullivan his Miranda warnings on at least two occasions.
"At some time later agent Sullivan learned that he had been arrested for disturbing the peace and resisting arrest.
"As a result of the altercation, Agent Sullivan suffered a broken nose, a laceration to the upper lip and a number of bruises about the face.

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Bluebook (online)
465 So. 2d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-quick-lactapp-1985.