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LEWIS v. CITY OF WEST PALM BEACH, FLA.

No. 08-12348.

561 F.3d 1288 (2009)

Linda LEWIS, as mother and personal representative of the estate of her son, Donald George Lewis, deceased, Plaintiff-Appellant, v. CITY OF WEST PALM BEACH, FLORIDA, Raymond Shaw, Robert Leroy Root, III, Randall Maale, Thelton Luke, Audrey Dunn, Police Officers for the City of West Palm Beach Police Department, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 11, 2009.

Attorney(s) appearing for the Case

Matthew P. Farmer, Farmer & Fitzgerald, P.A., Ronald J. Kurpiers, II, Atty. at Law, Tampa, FL, for Plaintiff-Appellant.

Douglas Neil Yeargin and Elissa Dale Cohen, West Palm Beach, FL, Bradley Gerard Harper, Olds & Stephens, P.A., West Palm Beach, FL, for Defendants-Appellees.

Before DUBINA and CARNES, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge:

While in the custody of five police officers in West Palm Beach, Florida, Donald George Lewis became unconscious, and eventually died. Following the death of her son, Linda Lewis filed an action against the City of West Palm Beach and the individual police officers Raymond Shaw, Robert Leroy Root III, Randall Maale, Thelton Luke, and Audrey Dunn pursuant to 42 U.S.C. § 1983 and Florida state law. The...

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