MELENDEZ v. SHERIFF OF PALM BEACH COUNTY

No. 98-1869.

743 So.2d 1145 (1999)

Israel MELENDEZ, Appellant, v. SHERIFF OF PALM BEACH COUNTY, Appellee.

District Court of Appeal of Florida, Fourth District.

October 6, 1999.


Attorney(s) appearing for the Case

Jeffrey F. Gordon and Justin Kam of Broad and Cassel, West Palm Beach, for appellant.

Fred H. Gelston of Fred H. Gelston, P.A., West Palm Beach, for appellee.


WARNER, C.J.

Appellant, Israel Melendez, appeals a final judgment entered in conformity with a jury verdict finding in favor of the appellee, the Sheriff of Palm Beach County, on a claim of false imprisonment and battery. In charging the jury during the trial, the court refused to give an instruction explaining that the Sheriff's deputy was required to have probable cause to continue detaining the appellant after a stop based upon a BOLO report of a shooting. Instead...

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