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McCLAIN v. CROWDER

No. 92-14125-CIV.

840 F.Supp. 897 (1994)

Tiny McCLAIN, James McClain, Jr., and Jennifer McClain, Plaintiffs, v. Robert L. CROWDER, Sheriff of Martin County, Florida, in his official capacity, Deputy Sheriffs Paul Daniel, O'Hara Mackey, and Kenneth Matlack, individually and as Deputy Sheriffs of Martin County, Florida, Defendants, and State of Florida, Intervenor.

United States District Court, S.D. Florida.

January 10, 1994.

Attorney(s) appearing for the Case

E. Kent Mathews, Jensen Beach, FL, for plaintiffs.

Julius F. Parker, Jr., Parker, Skelding, Labasky & Corry, Tallahassee, FL and Joan Fowler, Asst. Atty. Gen., West Palm Beach, FL, for defendants.

OMNIBUS ORDER

PAINE, District Judge.

This matter comes before the court on the Defendants' Motion for Summary Judgment (DE 5), the Plaintiffs' Motion to Declare Florida Statutes Section 901.19(1) Unconstitutional (DE 10), and the Defendants' Motion for Continuance (DE 34).

I. BACKGROUND

On December 3, 1991, Deputy Sheriffs Paul Daniel, O'Hara Mackey, and Ken Matlack appeared at the McClain residence, allegedly having received information...

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