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EUBANKS v. GERWEN

No. 93-4779.

40 F.3d 1157 (1994)

Howard EUBANKS, Sr., Plaintiff-Appellee, v. Joseph GERWEN, individually and as Chief of the Fort Lauderdale Police Department; Daniel Losey, individually and in his official capacity as an officer for the Fort Lauderdale Police Department; James Wigand, individually and as an officer for the Fort Lauderdale Police Department, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 22, 1994.

Attorney(s) appearing for the Case

Robert H. Schwartz, Gunther & Whitaker, Fort Lauderdale, FL, for appellants.

Arthur Michael Garel, Garel & Jacobs, P.A., Coral Gables, FL, Louis Thaler, Deutsch & Blumberg, P.A., Miami, FL, for appellee.

Before TJOFLAT, Chief Judge, BLACK, Circuit Judge, and KAUFMAN, Senior District Judge.

FRANK A. KAUFMAN, Senior District Judge:

On June 13, 1988 plaintiff Howard Eubanks, Sr. was arrested in Fort Lauderdale, Florida, by the local police for possession of cocaine. Eubanks was subsequently prosecuted in a Florida state court for possession of a controlled substance, and acquitted on January 10, 1989. On May 4, 1990, plaintiff filed suit in the United States District Court for the Southern District of Florida...

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