JAMES v. CITY OF HIALEAH

No. 87-919.

521 So.2d 308 (1988)

Roy De JAMES, Appellant, v. CITY OF HIALEAH, Appellee.

District Court of Appeal of Florida, Third District.

March 8, 1988.


Attorney(s) appearing for the Case

Sam W. Kleinfeld, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark and Kimberly A. Cook, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.


PER CURIAM.

The judgment for the defendant city, entered upon a directed verdict granted at the conclusion of all the evidence on the trial court's own motion, is reversed for a new trial because the record raises jury questions as to the liability of its police officers for (a) trespass into the plaintiff's home and (b) assault and battery through the use of excessive force upon him. There is no other harmful error.

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