GILBERT SHIPP, APPELLANT,
v.
CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLEE
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This case concerns the liability of a municipality for intentional torts committed by its police officers. The court reversed a summary judgment against the appellant, relying on a prior decision that established municipal liability under the doctrine of respondeat superior.
Yes, municipalities are liable for the intentional torts of their employees under the doctrine of respondeat superior.
“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.”
Establishes the legal principle for municipal liability for intentional torts.
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Join FLexlaw to unlock all legal intelligenceThe appellant alleged false arrest and assault and battery by police officers of the City of Miami. This case was one of several similar pending cases…
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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 Simp*619son v. City of Miami, supra, and the cause is remanded for further proceedings.
Reversed and remanded.
(dissenting).
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.
BARKDULL, Chief Judge
(dissenting).
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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Citator
Cited By
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City OF Miami v. Shipp, 172 So. 2d 439 (Fla. 1965)…PER CURIAM. The decision of the Court of Appeal, Third District, has been sent to us by that Court as being one which passes upon a question certified to be of great public interest. See Shipp v. City of Miami, Court of Appeal, Third District, 172 So. 2d 618. The decision presents the question of the liability of a Florida municipality for the intentional torts of its employees committed within the scope of their employment. The problem has been fully discussed in our opinion in City of Miami v. Simps…
Authorities Cited
- Ervine Hargrove v. Town OF Cocoa Beach, 96 So. 2d 130 (Fla. 1957)
- Roce Simpson v. City OF Miami, 155 So. 2d 829 (Fla. 3d DCA 1963)