18 August 2007

roberson v town of pollock

915 So.2d. 426

here's an interesting third circuit opinion from 09 november 2005. the town of pollock, la. was caught arresting and ticketing people "for traffic violations occurring on a portion of U.S. Highway 165 subsequently found to not be part of the Town." heather roberson was cited for failure to stop for a school bus on that portion and later filed suit "seeking damages for the Town of Pollock issuing traffic citations to motorists who were traveling on those parts of Highway 165 that were never properly part of the Town of Pollock."

amazingly, grant parish judge allen krake certified it as a class action.

the town of pollock through its attorney randall keiser appealed to the third circuit who affirmed judge krake's ruling.

judge marc amy dissented and said "In my view, the trial court erred in failing to sustain the Town of Pollock’s exception of no cause of action as the plaintiff’s petition constitutes a collateral attack on the underlying criminal
conviction."

the supreme court didnt buy judge amy's dissention and denied the town of pollock's writ on 20 april 2006.

we dont know what the present status of the case is.

click the link to download the 12 page .pdf
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