Smith v. Dulion
Citations
- 113 La. 882
- 37 So. 864
- 1905 La. LEXIS 789
Syllabus
<p>MALICIOUS AEEEST — EVIDENCE—DAMAGES.</p> <p>1. Defendant arrested plaintiff, and placed him in jail, without a warrant, for a breach of the peace.</p> <p>2. Plaintiff was afterward tried before the mayor in answer to an affidavit charging him with having committed a breach of the peace.</p> <p>3. Defendant did not sustain the affidavit by sufficient proof. Plaintiff was discharged from further prosecution.</p> <p>4. Considering the facts and circumstances, the court holds that plaintiff is entitled to some damages, as it does not appear that there was necessity for or legality in the arrest as made.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- inferring the on-going need for workers to do plaintiff’s prior job and thus finding fourth prong of prima facie case to be plausibly met at motion to dismiss stage
- declining to hold a pro se plaintiff proceeding in forma pauperis responsible for mistakes made by a U.S. Marshal who effected improper service of process where the technical errors were harmless
- “a motion to dismiss for improper service of process under Fed. R. Civ. P. 12(b)(5) challenges the ‘mode of delivery’”
- “Once adequately challenged, the burden shifts to plaintiff to show service was proper.” (citing Rivera- Lopez v. Municipality of Dorado, 979 F.2d 885, 887 (1st Cir. 1992))
- “A motion to dismiss for improper process under Fed. R. Civ. P. 12(b)(4) pertains to the ‘content of the summons’ and a motion to dismiss for improper service of process under Fed. R. Civ. P. 12(b)(5
- “The ADEA requires aggrieved employees to file charges with the EEOC within 180 days of the alleged discrimination but in states with their own discrimination laws (such as Massachusetts) employees must file with the EEOC within 300 days.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
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