JAWORSKI v. CITY OF OPA-LOCKA

No. 63-79.

149 So.2d 566 (1963)

Sigmund T. JAWORSKI, Plaintiff, v. The CITY OF OPA-LOCKA, Florida, a municipal corporation, Defendant.

District Court of Appeal of Florida. Third District.

February 19, 1963.


Attorney(s) appearing for the Case

Frates & Fay, Miami, for plaintiff.

Albert L. Weintraub and A. Jay Cristol, Miami, for defendant.

Before CARROLL, HORTON and HENDRY, JJ.


PER CURIAM.

The question certified to this court in the above stated cause for answer is as follows: "Is a municipality liable for the alleged acts of its police officers in committing an assault and battery on the plaintiff after the plaintiff has been arrested for the commission of a misdemeanor, without warrant, when the acts committing the misdemeanor were not committed in the presence of the arresting officer?"

It is our view that the above question is...

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