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RIVAS v. FREEMAN

No. 88-5377.

940 F.2d 1491 (1991)

Alfredo RIVAS, Plaintiff-Appellee, v. William A. FREEMAN, Jr., Sheriff of Monroe County, Fla., C.A. Mikell, Deputy, Deputy Foy, Defendants-Appellants, Terry Olsen, Richard Dugger, Leonard Flynn, State of Florida, Phillip Ware and Bernard Williams, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 9, 1991.

Attorney(s) appearing for the Case

Pamela Lutton-Shields, Asst. Atty. Gen., Tallahassee, Fla., for Olsen, etc.

Julius F. Parker, Jr., Tallahassee, Fla., for Freeman, etc.

John Elliott Leighton, Leesfield & Blackburn, P.A., Miami, Fla., for Rivas.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

HATCHETT, Circuit Judge:

In this case where an arrest and incarceration resulted from misidentification and the lack of policies, procedure, and standards, we affirm the district court's award of damages against the Sheriff, but reverse the award against the Sheriff's deputies.

FACTS

In March 1982, Alfredo Falcon Rivas and two other young men, Gerardo Napoles and Petro Rubi, were traveling in a light blue Camaro automobile in the Florida Keys (Monroe...

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