Brisk v. City of Miami Beach, Fla.

MEMORANDUM OPINION

NESBITT, District Judge.

I. INTRODUCTION

In this Memorandum Opinion, the Court addresses the following question: When a defendant, who is accused by a plaintiff in a § 1983 1 suit of violating his fourth and fourteenth amendment rights, raises the defense of “qualified immunity” at a trial where many factual issues material to the defense remain in dispute, who should resolve the qualified immunity issue — judge or jury? 2 Because the Eleventh Circuit has never squarely addressed this issue and because the Circuits are split as to who should make this determination, 3 the…