Skip to main content
· 11/18/1907

Taxpayers of Washington Parish v. Police Jury of Washington Parish

Citations

  • 120 La. 298
  • 45 So. 255
  • 1907 La. LEXIS 644

Syllabus

<p>1. Appeal — Remand.</p> <p>No objection being urged by plaintiffs, the case is remanded on defendant’s motion to the trial court, with instructions to receive evidence on the question of the acquiescence vel non of the plaintiffs in the judgment appealed from.</p> <p>2. Same — Dismissal.</p> <p>An appeal from a judgment affirming the legality of a special road tax will be dismissed, on proof that the appellants have paid such tax without protest or compulsion.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 3, Appeal and Error, § 3122.]</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.

  • finding that a correction officer’s use of force to break up a fight did not rise to the level of constitutional violation
  • noting that the “obligation to preserve is attendant only upon ‘the party having control over the evidence . . . at the time it was destroyed’”
  • acknowledging that the loss of a front tooth might be enough for pre-trial detainee to sustain a § 1983 claim against a corrections officer under the Fourteenth Amendment
  • finding that Plaintiff had failed to demonstrate that video footage would support his claim
  • citing, inter alia, In re State Police Litig., 88 F.3d 111, 127 (2d Cir. 1996) (“The availability of qualified immunity depends on the resolution of these fact issues.”)
  • collecting cases for the proposition that, “in the correctional context, a duty to preserve may attach when an inmate is in a fight or when an inmate files grievances about the incident”

Source: CourtListener parenthetical corpus (CC0).

Judges: Land, Monroe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.