Matczak v. Mathews

The plaintiff contends that he is entitled to maintain his action against the defendant city by reason of the provisions of sec. 270.58, Stats., which provides as follows:

“Where the defendant in any action, writ, or special proceeding, except in actions for false arrest, is a public officer and is proceeded against in his official capacity and the jury or the court finds that he acted in good faith the judgment as to damages and costs entered against the officer shall be paid by the state or political subdivision of which he is an officer.”

Counsel for plaintiff rely strongly upon our decision…