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EVERTON v. WILLARD

No. 63440.

468 So.2d 936 (1985)

Azor J. EVERTON, Jr., et al., Petitioners, v. Marion WILLARD, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied May 22, 1985.

Attorney(s) appearing for the Case

Rick A. Mattson of Mattson, McGrady and Todd, St. Petersburg, for Everton.

Daniel C. Kasaris of Yanchuck, Thompson, Young and Berman, St. Petersburg, for Trinko.

Mark E. Hungate, James B. Thompson and Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal and Banker, Tampa, for respondents.

Paul A. Rowell, Gen. Counsel, and Michael J. Alderman, Asst. Gen. Counsel, Tallahassee, amicus curiae for State of Florida Dept. of Highway Safety and Motor Vehicles.

OVERTON, Justice.

This cause is before us on petition to review a decision of the Second District Court of Appeal reported as Everton v. Willard, 426 So.2d 996 (Fla. 2d DCA 1983). The issue concerns a law enforcement officer's discretionary police power authority to make or not make an arrest and whether a decision not to take an individual into custody constitutes a basic judgmental or decision-making function that is immune...

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