Hylton v. Phillips

This is an action for false imprisonment, sometimes called false arrest, ① by the plaintiff Douglas Wayne Hylton, against Gary S. Phillips and Richard J. Bay, both Marion County deputy sheriffs. The court tried the case without a jury and found for the defendants. Plaintiff appeals — we reverse.

Although there is some dispute about details, there is no dispute about the controlling facts. Sometime prior to April 16, 1973 Gary and "Wayne Cox, doing business as Cox Construction Company, arranged with plaintiff to construct for them á heavy equipment trailer. The Coxes agreed to furnish the…