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FUNDILLER v. CITY OF COOPER CITY

No. 84-5104.

777 F.2d 1436 (1985)

Michael Jamie FUNDILLER and Rae Winder Fundiller, his wife, Plaintiffs-Appellants, v. The CITY OF COOPER CITY, a municipal corp., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 11, 1985.

Attorney(s) appearing for the Case

Bailey & Dawes, Robbie M. Barr, Guy B. Bailey, Jr., Miami, Fla., for plaintiffs-appellants.

E. Bruce Johnson, Michael T. Burke, Fleming, O'Bryan & Fleming, Christine M. Carsky, Ft. Lauderdale, Fla., for defendants-appellees.

Before HILL, KRAVITCH and SMITH, Circuit Judges.

KRAVITCH, Circuit Judge:

Appellant Michael Fundiller, while engaging in a narcotics transaction, was shot by a policeman. To recover for his injuries, Fundiller filed an action under 42 U.S.C. § 1983, 42 U.S.C. § 1985, 18 U.S.C. § 246, and state tort law, against the City of Cooper City, its Mayor, an official of the City's Police Department, and eleven uniformed police officers. The district court dismissed all of appellant's federal causes of action...

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