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YOUNG v. CITY OF DES MOINES

No. 2-58565.

262 N.W.2d 612 (1978)

Terry L. YOUNG, Appellee and Cross-Appellant, v. CITY OF DES MOINES, Iowa, Appellant and Cross-Appellee.

Supreme Court of Iowa.

Rehearing Denied March 16, 1978.

Attorney(s) appearing for the Case

Robert D. Hall and Larry J. Eisenhauer, Des Moines, for appellee and cross-appellant.

David J. Welu and James M. Sullivan, Asst. City Attys., for appellant and cross-appellee.

Considered en banc.

RAWLINGS, Justice.

False arrest damage action by plaintiff Terry L. Young resulted in judgment on jury verdict against defendant municipality. The city appeals challenging a jury instruction given regarding lawful arrest. Young cross-appeals trial court's matter of law holding that punitive damages were not recoverable from a municipality. We reverse on both appeals.

Acting without a warrant, several city policemen arrested Young on a charge of intoxication...

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