Shipp v. City of Miami, 62-787
| Decision Date | 17 September 1963 |
| Docket Number | No. 62-787,62-787 |
| Citation | 172 So.2d 618 |
| Parties | Gilbert SHIPP, Appellant, v. CITY OF MIAMI, a municipal corporation, Appellee. |
| Court | Florida District Court of Appeals |
Ephraim Collins, Miami, for appellant.
Robert D. Zahner, City Atty., and John S. Lloyd, Asst. City Atty., for appellee.
Before BARKDULL, C. J., and CARROLL and HORTON, JJ.
This case involves the alleged false arrest and assault and battery upon the appellant by police officers of the City of Miami. It is one of several cases pending in this court involving alleged intentional torts committed by officers of municipalities.
This court, in an opinion by Judge Carroll in the case of Roce Simpson v. City of Miami, Fla.App.1963, 155 So.2d 829 has concluded that municipalities are liable for the intentional torts of their employees under the doctrine of respondeat superior as defined in the case of Hargrove v. Town of Cocoa Beach, Fla.1957, 96 So.2d 130. Judge Carroll's opinion in the Simpson case, supra, is a full and complete analysis of the Hargrove decision as it applies to intentional torts of municipal employees. We will not duplicate the judicial labor.
Accordingly, the summary judgment rendered against the appellant in the case at bar is reversed upon the authority of Simpson v. City of Miami, supra, and the cause is remanded for further proceedings.
Reversed and remanded.
I hereby dissent from the majority opinion in this cause for the same reasons as noted in the dissent filed in Roce Simpson v. City of Miami, supra.
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