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BAIN BY BAIN v. CITY OF HIALEAH

No. 93-1110.

646 So.2d 771 (1994)

Stanley BAIN, a minor, By and Through his natural parent and guardian, Eleanore BAIN, and Eleanore Bain, individually, Appellants, v. The CITY OF HIALEAH, Florida, Rolando Bolanos, individually and in his official capacity as chief of the Hialeah Police Dept., Leonel Gracia, Terance Burke and Steve Lublinski, individually, and in their official capacity as City of Hialeah Police Officers, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 1995.

Attorney(s) appearing for the Case

Robbins & Reynolds, Barbara Green, Miami, for appellants.

Alejandro Vilarello, City Atty., and Alan E. Krueger, Asst. City Atty., for appellees.

Before BARKDULL, LEVY and GREEN, JJ.

BARKDULL, Judge.

We reverse a final order dismissing an amended complaint seeking damages for state tort and federal civil rights damages pursuant to 42 U.S.C. § 1983 for the use of excessive force in the apprehension of a fleeing felon by a police dog. The trial court, in its final order of dismissal, cited Chew v. Gates, 744 F.Supp. 952 (C.D.Cal. 1990) as authority for...

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