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MILLER v. CITY OF FORT LAUDERDALE

No. 89-2479.

569 So.2d 1386 (1990)

Marc MILLER, As Personal Representative of the Estate of Gloria M. Miller, On Behalf of the Estate of Gloria M. Miller, and On Behalf of Himself and On Behalf of the Survivor of the Estate, Ira Miller, Appellant, v. CITY OF FORT LAUDERDALE, a Municipality of the State of Florida, Jorge Benitezmerlo, Philip Arth, David Turley, Terrance Thomton, Jon Collins and Alan Stone, Appellees.

District Court of Appeal of Florida, Fourth District.

November 28, 1990.

Attorney(s) appearing for the Case

Peter M. Siegel and Randall C. Berg, Jr. of Florida Justice Institute, Inc., Miami, for appellant.

Robert H. Schwartz of Gunther & Whitaker, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We affirm in part an order dismissing a claim arising out of a police shooting incident, alleging a civil rights violation under 42 U.S.C. § 1983. The complaint fails to allege knowing and intentional or willful, rather than negligent, conduct amounting to an unconstitutional seizure of the victim of the shooting. Cf. Brower v. County of Inyo, 489 U.S. 593, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); Dodd v. City...

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