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WRIGHT v. WYNN

1950566.

682 So.2d 1 (1996)

Charles WRIGHT v. Paul WYNN.

Supreme Court of Alabama.

July 3, 1996.

Attorney(s) appearing for the Case

Jack Curtis, Department of Public Safety Legal Unit, Dennis M. Wright, Asst. Atty. Gen., for Appellant.

Robert A. Huffaker and N. Wayne Simms, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, and James R. McKoon, Jr., Phenix City, for Appellee.

George W. Royer, Jr. and J. Jeffery Rich of Sirote & Permutt, P.C., Huntsville, for Amici Curiae Alabama Sheriffs' Ass'n.

Kenneth Smith, Montgomery, for Amici Curiae Alabama League of Municipalities.

ON APPLICATION FOR REHEARING

PER CURIAM.

The opinion of May 3, 1996, is withdrawn and the following opinion is substituted therefor.

The defendant, Charles Wright, appeals from a judgment entered on a $20,000 jury verdict for the plaintiff, Paul Wynn, in this action seeking damages for false imprisonment and assault and battery. We reverse and remand.

The evidence, viewed in the light most favorable to Wynn, indicates the following...

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