HAMLIN v. LYNN

No. SS-266.

386 So.2d 1309 (1980)

Raymond HAMLIN and Appalachian Insurance Company, Appellants, v. Leroy LYNN, Appellee.

District Court of Appeal of Florida, First District.

August 26, 1980.


Attorney(s) appearing for the Case

Julius F. Parker, Jr., of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellants.

Sidney L. Matthew and Stephen Lindsey Gorman, Tallahassee, for appellee.


PER CURIAM.

Appellants contend, inter alia, that it was error to hold the sheriff and his surety liable for appellee's damages incurred when deputies made an arrest for a felony without having probable cause to believe appellee had committed the felony. The issue is whether such an act involves an abuse of power which arises by virtue of office or a usurpation of power which arises under color of office. The latter absolves the sheriff's office of liability...

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