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MAYBIN v. THOMPSON

No. 87-49.

514 So.2d 1129 (1987)

Dale Aubrey MAYBIN, Appellant, v. Malcolm THOMPSON, Individually and in His Official Capacity As a Member of the Fort Myers Police Department and City of Fort Myers, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Second District.

November 4, 1987.

Attorney(s) appearing for the Case

James W. Whitney, Fort Myers Beach, and Douglas S. Lambeth, Fort Lauderdale, for appellant.

Chris W. Altenbernd, of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

THREADGILL, Judge.

Dale Aubrey Maybin appeals a final summary judgment granted to the City of Fort Myers. Maybin had filed a complaint against the city and police officer Malcolm Thompson for damages resulting from a physical altercation between Maybin and Thompson. In counts naming the city, Maybin alleged first that Thompson, while acting in the scope of his employment, assaulted Maybin, and in count II, alleged that Thompson falsely arrested and imprisoned him...

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