Strong Ex Rel. Strong v. Town of Lansing

MOORE, Chief Justice.

Plaintiff minor and his father seek damages from defendant town and its police officer, defendant Wellendorf, allegedly resulting from Wellendorf’s assault and unlawful arrest and detention of the minor on March 23, 1969. The trial court sustained the town’s motion to dismiss plaintiffs’ petition as to all three divisions thereof on the ground of governmental immunity and plaintiffs have appealed. We reverse.

In addition to the allegations the offenses complained of were committed while Wel-lendorf was acting as a police officer for the town, plaintiffs’ petition also…