Michael Perez v. Miami-Dade County
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
TJOFLAT, Circuit Judge:
The primary issue in this appeal is whether the district court abused its discretion in denying the defendants’ motion, made pursuant to Rule 36(b) of the Federal Rules of Civil Procedure, to withdraw admissions. 1 As a result of the court’s action, the plaintiff established the defendants’ liability under 42 U.S.C. § 1983 as a matter of law and obtained a multi-million dollar jury verdict. We conclude that the court abused its discretion; we therefore vacate the judgment and remand the case for further proceedings.
I
A
On March 24, 1995, Michael Perez and his partner,…
2Cases cited25 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- John D. Dean v. David Barber, Mel Bailey, Jefferson County's Sheriff's DepartmentCourt of Appeals for the Eleventh Circuit · 1992
- Chudasama v. Mazda Motor Corp.Court of Appeals for the Eleventh Circuit · 1997
- Johnson v. Board of Regents of the University of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
- Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. ZweifelCourt of Appeals for the Eleventh Circuit · 1991
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