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Touchet v. Hampton

Louisiana Court of Appeals

950 So.2d 895 (2007)

Relevant factsFree

After receiving threatening voicemails from former employee Touchet (plaintiff), Hampton (defendant) confronted him at his new job and struck him first, then repeatedly hit him until pulled off by other employees, claiming he believed Touchet was about to attack; witnesses testified Touchet made no threatening moves, and the trial court granted Hampton's motion for involuntary dismissal based on his self-defense claim.

IssueFree

Whether, in Louisiana, a defendant may assert self-defense as a defense to a claim of battery where the evidence shows that there was an actual or reasonably apparent threat to the defendant's safety and that the force used by the defendant on the plaintiff was not excessive.

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