Lamkin v. Brooks
Louisiana Supreme Court
498 So.2d 1068 (1986)
- Written by Heather Whittemore, JD
Facts
Robert Brooks (defendant) was a police officer for Lecompte, Louisiana. On November 19, 1982, Brooks was on patrol and noticed a car parked on the shoulder of a highway. Donnal Lamkin (plaintiff) was in the car with his son Lonnie Lamkin and Lonnie’s date. Donnal told Brooks that he did not need help, and Brooks left. Later, Brooks saw the Lamkins drunkenly arguing in the parking lot of a bar about the danger of Donnal driving while intoxicated. Brooks allowed Donnal to drive a short distance to his residence. Hours later, another police officer spotted two drunk drivers blocking a highway. Brooks arrived on the scene and saw the Lamkins. Brooks eventually went to his car to write an incident report and was confronted by Donnal. Brooks punched Donnal in the face, breaking several bones. Donnal sued Brooks and the town of Lecompte. Donnal won his case against Brooks but lost the case against Lecompte after the trial court determined that Brooks was not acting within the scope of his employment when he punched Donnal. Donnal appealed.
Rule of Law
Issue
Holding and Reasoning (Marcus, J.)
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