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BRISK v. CITY OF MIAMI BEACH, FLA.

No. 88-2402-Civ.

709 F.Supp. 1146 (1989)

Alexander BRISK, Plaintiff, v. CITY OF MIAMI BEACH, FLORIDA; Kenneth Glassman, Chief of Police of the City of Miami Beach; Lt. Steven David Robbins; Sgt. Joseph Brownlow; John Krolak; Samuel Azicri; Kevin Graham; and Armando Torres, Defendants.

United States District Court, S.D. Florida, Miami Division.

April 7, 1989.

Attorney(s) appearing for the Case

Isaac J. Mitrani, Mitrani, Rynor & Gallegos, Miami, Fla., for plaintiff.

David Kleinberg, Gaebe, Murphy & Mullen, Coral Gables, Fla., for defendants.

ORDER

NESBITT, District Judge.

On December 23, 1988 Plaintiff Alexander Brisk filed a seven-count complaint against the City of Miami Beach, its chief of police, and various police officers based on events arising from a traffic stop in January 1987. On January 18, 1989 the City of Miami Beach and the chief of police filed a motion to dismiss counts III, V, and VII for failure to state a claim (Fed.R.Civ. P. 12(b)(6)). On January 13, 1989, five days before...

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