Hamlin v. Lynn

Appellants contend, inter alia, that it was error to hold the sheriff and his surety liable for appellee’s damages incurred when deputies made an arrest for a felony without having probable cause to believe appel-lee had committed the felony. The issue is whether such an act involves an abuse of power which arises by virtue of office or a usurpation of power which arises under col- or of office. The latter absolves the sheriff’s office of liability for the acts of the deputies. The former does not. We hold appellants are liable. The deputies abused the power to arrest without a warrant for a…