Florida District Courts of Appeal, 1988

De James v. City of Hialeah

De James v. City of Hialeah
Florida District Courts of Appeal · Decided March 8, 1988 · Hendry, Nesbitt, Schwartz
521 So. 2d 308; 13 Fla. L. Weekly 619; 1988 Fla. App. LEXIS 879; 1988 WL 18590 (Southern Reporter, Second Series)

De James v. City of Hialeah

Opinion of the Court

PER CURIAM.

The judgment for the defendant city, entered upon a directed verdict granted at the conclusion of all the evidence on the trial court’s own motion, is reversed for a new trial because the record raises jury questions as to the liability of its police officers for (a) trespass into the plaintiff’s home and (b) assault and battery through the use of excessive force upon him. There is no other harmful error.

Reversed.

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