BUSSINGER v. CITY OF NEW SMYRNA BEACH

No. 93-2102.

50 F.3d 922 (1995)

William J. BUSSINGER; Susan Bickley Bussinger, his wife, Plaintiffs-Appellees, v. CITY OF NEW SMYRNA BEACH, FLORIDA, William N. Gambert, in his capacity as personal representative for Clarence McMillon, deceased, Defendants, Denver Fleming, individually and in his official capacity as Police Chief, Frank Roberts, individually and in his official capacity as city manager, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 20, 1995.


Attorney(s) appearing for the Case

Dean, Ringers, Morgan and Lawton, P.A., Lamar D. Oxford, Orlando, FL, for appellants.

Patricia L. Strowbridge, Sharon Lee Stedman, Orlando, FL, David A. Vukelja, Moore, Wood, Simpson, Korey, McKinnon & Vukelja, Ormond Beach, FL, for Bussingers.

Before KRAVITCH, Circuit Judge, GODBOLD and MORGAN, Senior Circuit Judges.


KRAVITCH, Circuit Judge:

Denver Fleming and Frank Roberts appeal the district court's denial of their motion for summary judgment on the ground that they have qualified immunity in a suit under 42 U.S.C. § 1983. We REVERSE in part and AFFIRM in part.

I.

Appellee William Bussinger served as Patrol Commander for the City of New Smyrna Beach, Florida (the "City"). Bussinger was named Acting Administrative Coordinator when the City's Police Chief...

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