Cruz v. Town of North Providence

OPINION

Under the doctrine of respondeat superior, is a municipahty liable when one of its pohce officers allegedly assaulted and battered a person arrested for driving a motor vehicle while intoxicated? Because the evidence introduced at trial failed to show that the officer’s alleged misconduct was the product of a municipal practice or pohcy, we answer this question in the negative and affirm the judgment in favor of the municipality.

The plaintiff, alleged victim Jose Cruz (Cruz), appeals from a Superior Court judgment that entered as a matter of law in favor of defendant, the Town of North…