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CITY OF RIVIERA BEACH v. FITZGERALD

No. 84-2730.

492 So.2d 1382 (1986)

CITY OF RIVIERA BEACH, a Florida Municipal Corporation, and William "Boone" Darden, Appellants, v. James FITZGERALD, Appellee.

District Court of Appeal of Florida, Fourth District.

August 27, 1986.

Attorney(s) appearing for the Case

Michael B. Davis of Davis Critton Hoy & Diamond, West Palm Beach, for appellants.

Philip M. Burlington of Edna L. Caruso, P.A., and Montgomery, Searcy and Denney, P.A., West Palm Beach, for appellee.

DELL, Judge.

The City of Riviera Beach and William "Boone" Darden (Darden) appeal from a final judgment awarding Appellee James Fitzgerald (Fitzgerald) damages in an action brought under 42 U.S.C. § 1983.

This suit arose because appellants failed to promote Police Lieutenant Fitzgerald to the rank of captain in the Riviera Beach Police Department. In May of 1981, one of the police department's three captains announced that he would resign within two weeks...

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