McGhee v. Volusia County

I respectfully dissent.

The following is the substance of the original majority opinion, to which I adhere.

This is an appeal from a summary judgment in a suit against the county for alleged personal injuries inflicted by a deputy sheriff against appellant.

The alleged facts are that appellant was arrested, handcuffed and taken in by a deputy sheriff. While performing booking or other paperwork functions the deputy became angered by appellant’s abusive orations and accusations directed at him. The deputy beat up appellant. Appellant sued and the trial judge said the county, as employer of the…