Supreme Court of Louisiana

Kennedy v. Sheriff of East Baton Rouge

July 10, 2006935 So. 2d 669

Summary

The court held that a restaurant's report to police of suspected counterfeit currency was conditionally privileged and that the private plaintiff failed to produce evidence of knowing falsity or reckless disregard sufficient to show abuse of that privilege. The court also held that the plaintiff lacked factual support for his wrongful-arrest claim against the restaurant because restaurant employees did not detain him, and for any malicious-prosecution claim because the officers independently investigated and detained him. The court reversed the appellate judgment and reinstated summary judgment for the restaurant.