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eBook details

• Title: Lazard V. Foti
• Author : Supreme Court Of Louisiana
• Release Date : January 21, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This matter arises out of a wrongful death action filed by the parents of a sixteen year old juvenile, who was improperly incarcerated in the Orleans Parish Correctional Center for adults instead of the Orleans Juvenile Facilit y . He wa s releas ed from the center after fourteen days but not into his parents' custody, and killed by the criminal act of a third party almost twelve hours later. Suit was filed against Sheriff Foti, as criminal sheriff of the Parish of Orleans, t he Cit y of New Orleans, and XYZ Insurance Company, alleging that Sheriff Foti was negligent in holding the juvenile at the Orleans Parish Prison and releasing him without notifying his parents. The Civil District Court of Orleans Parish denied Sheriff Foti's motion for summary judgment. Supervisory writs were filed, and the Fourth Circuit Court of Appeal denied defendants' writ application. We granted defendant's writ of certiorari. We reverse the lower courts and hold that the risk that a juvenile will be killed almost twelve hours after his release from an adult prison is not within the scope of protection of a criminal sheriff's duty to transfer a juvenile detainee held in an adult prison to an appropriate juvenile detention center. We further find that LA. CH. CODE art. 817 is a bail provision and thus does not impose a duty on the sheriff in relation to a juvenile whose charges were dropped.

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