SMITH v. AVINO

No. 92-2593-CIV.

866 F.Supp. 1399 (1994)

Robert SMITH, Ernest Porter, William Pitts, Roger Kinkle, and American Civil Liberties Union of Florida, Inc., a Florida non-partisan organization, Plaintiffs, v. Joaquin AVINO, in his official capacity as Manager of Metropolitan Dade County, Florida; and Metropolitan Dade County, Defendants.

United States District Court, S.D. Florida, Miami Division.

October 20, 1994.


Attorney(s) appearing for the Case

Nina E. Vinik, American Civil Liberties Union Foundation of Florida, Inc., Miami, FL, for plaintiffs.

Roy Wood, Dade County Attys. Office, Miami, FL, for Joaquin Avino.

Howard M. Talenfeld, Colodny, Fass & Talenfeld, Ft. Lauderdale, FL, for Metropolitan Dade County.


MEMORANDUM ORDER

K. MICHAEL MOORE, District Judge:

Plaintiffs bring this action under 42 U.S.C. § 1983 challenging the constitutionality of a nocturnal curfew (the "Curfew") imposed by Defendants in Dade County, Florida in the wake of Hurricane Andrew. They have moved for summary judgment on their claims that the Curfew was overbroad and unduly vague. Defendants seek dismissal on the grounds that county liability under section 1983 is not warranted...

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