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FILS v. CITY OF AVENTURA

No. 09-10696.

647 F.3d 1272 (2011)

Cindy FILS, Nemours Maurice, Plaintiffs-Appellees, v. CITY OF AVENTURA, et al., Defendants, Thomas E. Ribel, individually and in his official capacity of Chief of Police for the City of Aventura Dade County Florida, Charles Carlantone, officer #85-0193, Officer Harvey Arango, Aventura Police Dept., Officer Jason Williams, Aventura Police Dept., Sean Bergert, officer #85-0162, Christopher Goranitis, officer # 85-0297, Jeffrey Burns, officer #85-0142, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 28, 2011.

Attorney(s) appearing for the Case

Tamara McNierney Scrudders, E. Bruce Johnson, Scott D. Alexander, Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, PA, Ft. Lauderdale, FL, Stephanie Deutsch, Harriet R. Lewis, Oliver Gene Gilbert III, Gary Keith Oldehoff, Lewis, Stroud & Deutsch PL, Boca Raton, FL, for Appellants.

Louis M. Jepeway Jr., Jepeway and Jepeway, Abe Anselheart Bailey, Abe A. Bailey, P.A., Miami, FL, for Appellees.

Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.

TJOFLAT, Circuit Judge:

This case involves claims of excessive force against local police officers under 42 U.S.C. § 1983, and the officers' corresponding assertion of qualified immunity. The officers moved for summary judgment based on this defense in the district court, and the court denied their motion. They then appealed to this court. We unfortunately found ourselves unable to decide the case, and issued a limited...

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