Jaworski v. City of Opa-Locka

The question certified to this court in the above stated cause for answer is as follows: “Is a municipality liable for the alleged acts of its police officers in committing an assault and battery on the plaintiff after the plaintiff has been arrested for the commission of a misdemeanor, without warrant, when the acts committing the misdemeanor were not committed in the presence of the arresting officer?”

It is our view that the above question is not such a question as falls within Rule 4.6, Florida Appellate Rules, 31 F.S.A., in that it does not appear that the question is without controlling…