Roberts v. American Employers Insurance Company

221 So. 2d 550 (1969)

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Nature of the Case

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Facts

Roberts (P) went to Haven's Lounge. A social organization, Club 21, was holding a private Christmas party in the bar room section. The bartender advised P it was a private party and refused to serve him a drink. P refused to leave and ate some of the potato chips, which the members of the club had brought to the bar room. The members of the club objected, and a disturbance ensued. The police were called and before they arrived P left Haven's Lounge and walked across the street to Shirley's Pool Hall, where he purchased a beer. Officer Randolph arrived at Haven's Lounge at about 8:30 p. m. and was told that P had created a disturbance. The officer found P and allowed P to finish drinking his beer and asked if he would go back to Haven's Lounge to discuss the complaint which had been made against him. P went voluntarily. After hearing the complaint, Officer Randolph placed P under arrest for violation of the city ordinance against disturbing the peace. He did not have an arrest warrant. P was ordered to walk out of the lounge to the police car. P testified the officer pulled his gun before they left the lounge and held it in his back as they walked toward the police car. The officer says he did not pull his pistol until the instant before he fired it. P raised his hands above his head and was walking 5 or 6 feet ahead of the officer toward the police car when the incident in question occurred. P turned around, lowered his hands and grabbed for the officer. The officer stepped back and fired one shot from the hip, the bullet entering the lower left jaw and exiting the left rear portion of P's neck. P recovered but suffered some permanent impairment of the use of his jaw.