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Phillips v. City of Crowley

Court of Appeal of Louisiana, Third Circuit

February 4, 2015

REGINALD PHILLIPS
v.
CITY OF CROWLEY, ET AL

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF ACADIA, NO. 2010-10153. HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE.

James L. Pate, Jason T. Reed, Sara Rodrigue, NeunerPate, Lafayette, LA, COUNSEL FOR: Defendant/Appellee - City of Crowley.

Thomas Keith Regan, Crowley, LA, COUNSEL FOR: Defendant/Appellee - City of Crowley.

Harold Dewey Register, Jr., Lafayette, LA, COUNSEL FOR: Plaintiff/Appellant - Reginald Phillips.

Roshell Jones, Lafayette, LA, COUNSEL FOR: Plaintiff/Appellant - Reginald Phillips.

Chaz H. Roberts, Chaz H. Roberts Law, LLC, Lafayette, LA, COUNSEL FOR: Defendant/Appellee - City of Crowley.

Kimberly Phillips, Louisiana Correctional Institute for Women, St. Gabriel, LA.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, James T. Genovese, and David Kent Savoie, Judges.

OPINION

Page 244

[14-882 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

Reginald Phillips appeals the trial court judgment finding the City of Crowley not liable for damages he sustained after being shot by his wife, Kimberly Phillips. Preceding the shooting, the City of Crowley Police Department (" Crowley Police" ) had agreed to escort Mr. Phillips to his marital home to retrieve personal belongings amidst ongoing marital strife. The police gained entry for Mr. Phillips, but left the home before he had finished retrieving his belongings. Soon after the police left, Ms. Phillips shot Mr. Phillips in the back. Mr. Phillips then sued the City of Crowley, among others, alleging its police were negligent in leaving him alone with his wife. The trial court found the actions of the Crowley Police were reasonable and assessed complete liability to Ms. Phillips. Because the record demonstrates a reasonable factual basis for the trial court's judgment, we affirm.

I.

ISSUE

We must determine whether the trial court manifestly erred in finding the Crowley ...


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