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CITY OF HIALEAH v. FERNANDEZ

No. 93-88.

661 So.2d 335 (1995)

The CITY OF HIALEAH, Oscar Amago, and Roland Bolanos, Petitioners, v. Victor FERNANDEZ, Respondent.

District Court of Appeal of Florida, Third District.

September 27, 1995.

Attorney(s) appearing for the Case

Alejandro Vilarello, City Attorney, and Alan E. Krueger, Assistant City Attorney, for petitioners.

Dennis A. Koltun, Miami, Russo & Talisman and Elizabeth K. Russo, Patrice A. Talisman and Kimberly L. Boldt, Coconut Grove, for respondent.

Before HUBBART, JORGENSON and COPE, JJ.

ON REHEARING AND CLARIFICATION GRANTED

COPE, Judge.

We grant petitioners' motion for rehearing and clarification, withdraw the court's previous opinion, and substitute the following opinion:

I.

In this action, plaintiff/respondent Victor Fernandez seeks damages under 42 U.S.C. § 1983 for alleged violations of his civil rights by defendants/petitioners. Petitioners are the City of Hialeah, a police officer, and the chief of police...

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