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FISHER v. CITY OF MIAMI

No. 63-189.

160 So.2d 57 (1964)

Thomas E. FISHER, Appellant, v. The CITY OF MIAMI, a municipal corporation, Thomas Marshall, and William Jackson, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 13, 1964.

Attorney(s) appearing for the Case

Frates, Fay & Floyd and Kermit G. Kindred, Miami, for appellant.

John R. Barrett, City Atty., and John S. Lloyd, Asst. City Atty., for City of Miami.

William Jackson, Donald Wheeler Jones, for Thomas Marshall.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

TILLMAN PEARSON, Judge.

The point upon appeal which we will discuss is the liability of a municipal corporation for punitive damages. This question arose in an action for personal injuries claimed as the result of acts which a jury may find to have been an intentional and willful beating of the plaintiff as an incident of his arrest by a police officer of the City of Miami.

A brief history of the case is necessary to our decision. The complaint alleged facts...

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