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BRISK v. CITY OF MIAMI BEACH, FLA.

No. 88-2402-CIV.

726 F.Supp. 1305 (1989)

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

United States District Court, S.D. Florida.

December 15, 1989.

Attorney(s) appearing for the Case

Isaac Mitrani, Loren Cohen, Miami, Fla., for plaintiff.

Greg Gaebe, David Kleinberg, Coral Gables, Fla., for defendants.

MEMORANDUM OPINION

NESBITT, District Judge.

I. INTRODUCTION

In this Memorandum Opinion, the Court addresses the following question: When a defendant, who is accused by a plaintiff in a § 19831 suit of violating his fourth and fourteenth amendment rights, raises the defense of "qualified immunity" at a trial where many factual issues material to the defense remain in dispute, who should resolve the qualified immunity...

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