Lyons v. Carroll

Citations

• 107 La. 471

Syllabus

<p>Syllabus.</p> <p>1. Where three defendants are sued for damages for false imprisonment and malicious prosecution, and the suit is dismissed as to two of them, who are police officers, on exception of no cause of action, it is the case against them as presented by the petition which must be considered in determining the correctness vel non of the judgment of dismissal — not the case as developed by the evidence on the trial of the merits as to the other defendant.</p> <p>2. If, from the petition . it appears that the officers of the law acted on probable cause in arresting the plaintiff, then no cause of action as to them is disclosed, and the judgment of dismissal must be sustained, notwithstanding on the trial of the merits, as to the other defendant, it develops such defendant did not instigate the arrest and the officers acted without probable cause.</p> <p>3. Those who honestly seek the enforcement of law and the administration of justice, and who are supported by circumstances sufficiently strong to warrant a cautious man in the belief that the party suspected may be guilty of the offense charged, should not be .made unduly apprehensive that they will be held answerable in damages.</p>