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BUSTAMANTE v. CITY OF TUCSON

No. 2 CA-CIV 5247.

145 Ariz. 365 (1985)

701 P.2d 861

Antonio L. BUSTAMANTE, Jr., and Frances Bustamante, husband and wife, Plaintiffs/Appellees, v. CITY OF TUCSON, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

April 11, 1985.

Attorney(s) appearing for the Case

Gordon T. Alley, Tucson, for plaintiffs/appellees.

Kimble, Gothreau, Nelson & Cannon, P.C. by Daryl A. Audilett and Michael J. Gothreau, Tucson, for defendant/appellant.

OPINION

LACAGNINA, Judge.

This is a case of assault and battery by police officers employed by the City of Tucson while arresting Antonio Bustamante, Jr. Bustamante suffered bruises as a result of the use of a night stick and rough handling by the police officers. The jury returned a verdict in the amount of $650.72, the exact amount of Bustamante's special damages. The trial court granted a motion for new trial on the issue of damages only unless the city...

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