(Download) "Jimmie Lee Alexander v. State Florida" by Fourth District Court of Appeal of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: Jimmie Lee Alexander v. State Florida
- Author : Fourth District Court of Appeal of Florida
- Release Date : January 16, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Dale Aubrey Maybin appeals a final summary judgment granted to the City of Fort Myers. Maybin had filed a complaint against the city and police officer Malcolm Thompson for damages resulting from a physical altercation between Maybin and Thompson. In counts naming the city, Maybin alleged first that Thompson, while acting in the scope of his employment, assaulted Maybin, and in count II, alleged that Thompson falsely arrested and imprisoned him. In count III the complaint alleged that the city was liable for the negligent hiring and training of Officer Thompson. The trial court granted the citys motion for summary judgment and found as a matter of law that the doctrine of sovereign immunity was a bar to Maybins complaint against the city. We reverse the judgment as it pertains to count I (assault and battery), and count II (false arrest and imprisonment) because the record shows a genuine issue of material fact which prohibits summary judgment. We affirm the judgment as to count III (negligence) because the employment of police officers is generally considered to be an immune policy-making activity and, further, there were no facts in Maybins complaint to sustain the allegations of negligence. The remaining counts of the complaint pertain to the individual liability of the police officer and are not before us.