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· 2/21/1996

City of Miami v. Sanders

Citations

  • 672 So. 2d 46
  • 1996 Fla. App. LEXIS 1528
  • 1996 WL 71487

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Florida law provides for justifiable force by law enforcement officers, which is \a complete defense\ to a battery or excessive force claim
  • recognizing that Florida law provides for justifiable force by law enforcement officers, which is “a complete defense” to a battery or excessive force claim
  • holding battery requires “intentional affirmative conduct and cannot be premised upon an omission or failure to act.”
  • noting that, under Florida law, force used by police officers during an arrest only constitutes a battery if it is excessive
  • finding that plaintiff could not bring a claim against the City of Miami for “negligent use of excessive force”
  • holding there is no cause of action for \negligent\ use of excessive force for injuries resulting from lawful arrest because there is no such thing as \negligent\ commission of \intentional\ tort

Source: CourtListener parenthetical corpus (CC0).

Judges: Gersten, Goderich, and Green

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.