Brisk v. City of Miami Beach, Fla.
District Court, S.D. Florida
1Opinion of the Court
ORDER
NESBITT, District Judge.
On December 23, 1988 Plaintiff Alexander Brisk filed a seven-count complaint against the City of Miami Beach, its chief of police, and various police officers based on events arising from a traffic stop in January 1987. On January 18, 1989 the City of Miami Beach and the chief of police filed a motion to dismiss counts III, V, and VII for failure to state a claim (Fed.R.Civ. P. 12(b)(6)). On January 13,1989, five days before the motion to dismiss was filed, opposing counsel was served with an answer on behalf of all of the defendants. For unknown reasons, however,…
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