BERNARD C. HAND, APPELLANT,
v.
CITY OF NORTH MIAMI ET AL., APPELLEES
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This case concerns whether a municipality can be held liable under respondeat superior for the actions of its employee committed outside the municipality's territorial jurisdiction. The court held that such actions, if committed, are ultra vires and do not create municipal liability.
No, a municipality cannot be held liable under respondeat superior for the tortious acts of its employee if those acts were committed outside the municipality's territorial jurisdiction, as such acts are considered ultra vires.
“The only charge against the municipality arises under the doctrine of respondeat superior for alleged actions of one of its police officers, committed outside the territorial jurisdiction of the municipality, which resulted in the false arrest of the plaintiff.”
This quote establishes the core factual and legal basis of the plaintiff's claim against the municipality.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued a municipality under the doctrine of respondeat superior, alleging false arrest by a police officer. The alleged tortious act occur…
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The plaintiff in the trial court seeks reversal of an order dismissing the municipality as a party-defendant in a tort case. The only charge against the municipality arises under the doctrine of respondeat superior for alleged actions of one of its police officers, committed outside the territorial jurisdiction of the municipality, which resulted in the false arrest of the plaintiff.
We find that if the act was committed it was an ultra vires act of the municipal employee beyond the geographical boundaries of the municipality and, therefore, the municipality would not be liable under the doctrine of respondeat superior. See: Town of Palm Beach v. Vlahos, 153 Fla. 781, 15 So.2d 839, modified 154 Fla. 159, 15 So.2d 848; City of Coral Gables v. Giblin, Fla.App.1961, 127 So.2d 914; Collins v. State, Fla.App.1962, 143 So.2d 700.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sturman v. The City OF Golden Beach, 355 So. 2d 453 (Fla. 3d DCA 1978)…apacity as employees of the City of Golden Beach, went beyond the limits of the above statute and were ultra vires acts, relieving the city of liability. City of Coral Gables v. Giblin, 127 So. 2d 914 (Fla. 3d DCA 1961); Hand v. City of North Miami, 211 So. 2d 36 (Fla. 3d DCA 1968). Dealing now with appellees Carlson and Granata, we are of the opinion that no error was committed by the trial judge in instructing the jury on “citizen’s arrest.” As was pointed out above, appellees had no authority to arrest a…
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Hand v. City of N. Miami, 219 So. 2d 702 (Fla. 1968)…Certiorari denied without opinion. 211 So. 2d 36.…
Authorities Cited
- Collins v. State, 143 So. 2d 700 (Fla. 2d DCA 1962)
- City OF Coral Gables v. Giblin, 127 So. 2d 914 (Fla. 3d DCA 1961)
- Town OF Palm Beach v. Vlahos, 153 Fla. 781 (Fla. 1943)
- Town OF Palm Beach v. Vlahos, 154 Fla. 159 (Fla. 1944)