CITY OF MIAMI v. SANDERS

No. 94-2682.

672 So.2d 46 (1996)

CITY OF MIAMI, Appellant, v. Mildred SANDERS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 8, 1996.


Attorney(s) appearing for the Case

A. Quinn Jones, III, City Attorney, and Leon M. Firtel, and Kathryn S. Pecko, Assistant City Attorneys, for appellant.

Kutner, Rubinoff & Bush, and Susan S. Lerner; Miami, Jonathan H. Groff, Miami Beach, for appellee.

Before GERSTEN, GODERICH, and GREEN, JJ.


GERSTEN, Judge.

Appellant, City of Miami (City), appeals a final judgment in favor of appellee, Mildred Sanders (Sanders). We reverse because there is no cause of action for "negligent" use of excessive force for injuries resulting from a lawful arrest.

The facts reveal that Sanders was driving home after dropping her brother off at someone's house. Undercover police officers pulled her car over and told Sanders that her car would be towed because they just...

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