Legal Opinion
Bain ex rel. Bain v. City of Hialeah
District Court of Appeal of Florida
Decided November 9, 1994No. 93-1110Published
1Opinion of the Court
BARKDULL, Judge.
We reverse a final order dismissing an amended complaint seeking damages for *772state tort and federal civil rights damages pursuant to 42 U.S.C. § 1983 for the use of excessive force in the apprehension of a fleeing felon by a police dog. The trial court, in its final order of dismissal, cited Chew v. Gates, 744 F.Supp. 952 (C.D.Cal.1990) as authority for dismissal and had heard argument for dismissing the civil rights claim pursuant to a pleading requirement under Leatherman v. Tarrant County Narcotics Intelligence, 954 F.2d 1054 (5th Cir.1992). Both Gates and Leatherman have…
2Cases cited14 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry DonnellCourt of Appeals for the Fourth Circuit · 1985
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
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