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STRONG v. MILWAUKEE

38 Wis.2d 564 (1968)

STRONG, by Guardian ad litem, Respondent, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

April 9, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by John J. Fleming, city attorney, and John F. Kitzke and Thomas J. Gallagher, assistant city attorneys, and oral argument by Mr. Kitzke.

For the respondent there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski.

CONNOR T. HANSEN, J.

The issue is whether the actions of the police officer, as alleged in the complaint, constitute false arrest and imprisonment and if so, an "intentional tort" which would preclude direct action against the municipality as provided in sec. 895.43, Stats".

This court has defined the tort of false imprisonment as, "The unlawful restraint by one person of the physical liberty of another." Lane v. Collins (1965), 29...

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