Legal Opinion

Whittier v. Kobayashi

Court of Appeals for the Eleventh Circuit

Decided August 31, 2009No. 08-12998PublishedCited by 43 opinions

1Per curiam

Daniel Kobayashi, an officer with the City of Sunrise, Florida, Police Department, appeals the district court’s order denying in part his motion for summary judgment. Kobayashi was a member of a Special Weapons and Tactics (SWAT) team that conducted a raid on PlaintiffAppellee Marlene Whittier’s home, which she shared with her son, Anthony Diotaiuto. During the raid, Diotaiuto was shot and killed. Whittier brought a 42 U.S.C. § 1983 action, both individually and as personal representative for Diotaiuto’s estate, against several members of the SWAT team alleging, inter alia, Kobayashi violated…

2Cases cited16 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Hope v. PelzerSupreme Court of the United States · 2002
  3. Behrens v. PelletierSupreme Court of the United States · 1996
  4. Kim D. Lee v. Luis FerraroCourt of Appeals for the Eleventh Circuit · 2002
  5. Richards v. WisconsinSupreme Court of the United States · 1997

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3Cited by43 opinions

  1. Thomson v. Salt Lake CountyCourt of Appeals for the Tenth Circuit · 2009
  2. Jean-Baptiste v. GutierrezCourt of Appeals for the Eleventh Circuit · 2010
  3. Juan Antonio Moreno v. George N. TurnerCourt of Appeals for the Eleventh Circuit · 2014
  4. Ozga v. ElliotDistrict Court, D. Connecticut · 2015
  5. Montanez v. City of OrlandoCourt of Appeals for the Eleventh Circuit · 2017

38 more not listed; retrieve them via the Exa API.

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