Legal Question in Family Law in Louisiana

child alone

husband arrested for old traffic ticket, have a 14 year old daugther that local police officer did not make sure that another adult was in house, they know she was there because answered the door, i was not home either i was at work , been told by others that we may have a case due to her being under age please advise


Asked on 7/12/05, 9:46 am

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: child alone

Dear LawGuru Friend,

I am the kind of a lawyer that trys to make a case when one can be made. In other words, my general inclination is to try to agree with my clients and try to help them make a case if that is what their inclination is. However, here you have not really told me anything to show that you or your daughter really suffered any damages. No, it was not good judgment for the cop to arrest your husband and leave your minor daugher at home by herself at night without an adult there or any other protection. You might report him to his superior and ask that he be counseled so that he does not make another foolish mistake like that in the future. Also, if by chance your daughter became traumatized as a result of having been left alone in the house at night, then that is a different matter; and, assuming her trauma amounted to such that she would seek out a medical doctor and/or psychiatrist and/or psychologist because of here psychic trauma and/or for a resulting psychic disability as a result, then, sure you have a case worth making a claim on. One problem that I see with suing the cops is that the local governments that employ them generally do not attempt to settle, and they make the plaintiff try the case to conclusion; and then, whatever the result may be, they comply with it. In other words, if the judge or jury says they owe money, they will pay it; but they won't generally try to settle to avoid an adverse judgment's going against them. That is the best answer I can give you. Consider what I say along with what the other lawyer or lawyers say on this board, and then make your decison accordingly. Also, talk to a local attorney about this. Most claimants attorneys do not charge just to talk about the merits of a case and/or about their willingness to handle it on a contingent (percentage) basis. Best of luck to you, your husband and your daughter! If I can still answer a question, feel free to call me. My number is listed. I don't charge for just talking, especially over the phone. Or e-mail me at [email protected].

Sincerely,

Hardy Parkerson, Attorney

Lake Charles, LA

(337) 478-6126

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Answered on 7/13/05, 12:27 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: child alone

Have a case for what?

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Answered on 7/12/05, 9:51 am


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