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CITY OF TUCSON v. SUP. CT., IN & FOR CTY. OF PIMA

No. 2 CA-CIV 2072.

25 Ariz. App. 512 (1976)

544 P.2d 1113

The CITY OF TUCSON, a Municipal Corporation, and William G. Shoemaker and James M. Coburn, Petitioners, v. SUPERIOR COURT, IN AND FOR the COUNTY OF PIMA, DIVISION VI, Respondent, and John A. VEGA, a single man, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

January 23, 1976.

Attorney(s) appearing for the Case

Lesher, Kimble, Rucker & Lindamood, P.C., by Michael J. Gothreau, Tucson, for petitioners.

Abruzzo & Wasley by Gregory G. Wasley, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

The real party in interest brought suit against the petitioners on June 17, 1975, alleging that he was assaulted and beaten by the petitioners Shoemaker and Coburn, officers of the Tucson Police Department, while they were in the course and scope of their employment. The complaint further alleged that at the time of the assault the City of Tucson knew or should have known of vicious propensities on the part of the police officers and...

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