JACKSON v. NAVARRO

No. 94-2831.

665 So.2d 340 (1995)

Tobie JACKSON, Appellant, v. Nicholas G. NAVARRO, As Sheriff of Broward County, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 27, 1995.


Attorney(s) appearing for the Case

Kelly B. Gelb and Walter G. Campbell of Krupnick, Campbell, Malone, Roselli, Buser, Slama & Hancock, P.A., Ft. Lauderdale, for appellant.

Bruce W. Jolly of Shailer, Purdy & Jolly, P.A., Ft. Lauderdale, for appellee.


KLEIN, Judge.

The trial court granted the sheriff's motion for summary judgment in this false arrest case because of the general rule that an arrest pursuant to lawful authority, a capias here, cannot be false. Plaintiff argues that this is no longer the law based on recent federal law; however, we conclude that the federal law is inapplicable here and affirm.

Plaintiff was employed at a rental car agency being investigated by the Broward Sheriff's Office...

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