Salerno v. City of Racine

The plaintiff sees two roads open to the destination of municipal liability for the use of excessive force in making an arrest by a city police officer. Both are blocked by the same statute.

Intentional tort. No challenge is raised on appeal to the trial court’s sustaining the city’s demurrer to the plaintiff’s first cause of action based on the alleged commission of an assault and battery by an agent or employee of the city. Sec. 895.43 (3), Stats., provides that no suit may be brought against a city for the intentional torts of its employees. Assault and battery constitutes an intentional…