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PABLO HERNANDEZ v. CITY OF MIAMI

No. 99-1204-CIV.

302 F.Supp.2d 1373 (2004)

Juan PABLO HERNANDEZ, Plaintiff v. CITY OF MIAMI, a Florida municipal corporation, and Ricardo Perez, Defendants

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

February 13, 2004.

Attorney(s) appearing for the Case

Lance R. Stelzer, Paul Morris, Miami, FL, for Plaintiff.

Warren Bittner, Miami City Attorney's Office, Miami, FL, for Defendants.

ORDER ON OFFICER PEREZ'S MOTION FOR SUMMARY JUDGMENT

JORDAN, District Judge.

In the fall of 1997, Ricardo Perez, a City of Miami police officer, shot Juan Pablo Hernandez. That much, but little more, is undisputed.

In 1999, Mr. Hernandez filed this action against Officer Perez and the City of Miami for damages resulting from the shooting and the preceding stop. In his complaint, Mr. Hernandez asserted claims under 42 U.S.C. § 1983 and under...

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