CARMELO v. MILLER

No. 38706.

569 S.W.2d 365 (1978)

Eduardo CARMELO, Appellant, v. Delbert MILLER, Jr., Clifton W. Gates, Howard F. Ettings, Vincent G. Rogers, A. J. Cervantes, as members of the Board of Police Commissioners of the City of St. Louis, Missouri, and Ronald Strothman, Barry Awalt, George McDonagh, and St. Louis National Baseball Club, Inc., a corporation, Respondents.

Missouri Court of Appeals, St. Louis District, Division Four.

July 18, 1978.


Attorney(s) appearing for the Case

Goldstein, Tessler, Brown & Geigerman, Steve K. Brown, Clayton, for appellant.

Jack L. Koehr, City Counselor, John J. Fitzgibbon, Associate City Counselor, St. Louis, for Delbert Miller, Jr., et al.

Roberts, Heneghan & Coffelt, Inc., Jay G. Newquist, St. Louis, for Ball team.


ALDEN A. STOCKARD, Special Judge.

Plaintiff sought actual and punitive damages for assault and battery and false imprisonment. The trial court directed a verdict in favor of all defendants, and plaintiff has appealed.

On the night of August 4, 1971, plaintiff attended a baseball game at the Busch Memorial Stadium. During the latter part of the game defendants Awalt, Strothman and McDonagh, members of the St. Louis Police Force who had "secondary employment...

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