METROPOLITAN DADE COUNTY v. BRILL

No. 81-1709.

414 So.2d 626 (1982)

METROPOLITAN DADE COUNTY, Russell Fischer, Richard Fry and al Wessner, Jr., Appellants, v. Jonas BRILL and Lorraine Mary Brill, Appellees.

District Court of Appeal of Florida, Third District.

June 1, 1982.


Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Atty., and Ralph C. Rocheteau, Asst. County Atty., John Flynn, Miami, for appellants.

Colson & Hicks and Mary Friedman, Miami, for appellees.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

Metropolitan Dade County and police officers appeal from a jury verdict for plaintiff entered on a complaint alleging excessive or unnecessary force in subduing a person who had abducted plaintiff, resulting in serious injury to plaintiff. Appellants contend that an instruction given the jury constitutes reversible error.

Where jury in a civil action is given an incorrect instruction or one not applicable to the facts, together with correct...

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