JULIAN v. CITY OF CEDAR RAPIDS

No. 61571.

271 N.W.2d 707 (1978)

Patricia Ann JULIAN, Appellee, v. CITY OF CEDAR RAPIDS, Iowa, and Donald Potter, Appellants.

Supreme Court of Iowa.

November 22, 1978.


Attorney(s) appearing for the Case

David F. McGuire, Cedar Rapids City Atty., and Benjamin W. Blackstock and Lynda E. Thomsen, Cedar Rapids Asst. City Attys., for appellants.

R. M. Fassler, Cedar Rapids, for appellee.

Considered by REES, P. J., and UHLENHOPP, HARRIS, ALLBEE and LARSON, JJ.


UHLENHOPP, Justice.

This appeal involves the propriety of a new-trial grant to plaintiff Patricia Ann Julian in a damage action for an alleged false arrest without a warrant.

The parties tried the action to a jury. The trial court instructed the jury that Julian had the burden to prove, as one element, that her detention or restraint was unlawful. The jury found for defendants City of Cedar Rapids and Officer Donald Potter, and the verdict was filed on November...

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