ORTEGA v. CHRISTIAN

No. 94-5300.

85 F.3d 1521 (1996)

Fernando Alberto ORTEGA, Plaintiff-Appellant, v. W. CHRISTIAN, Officer, individually, and as police officer for Metro-Dade Police Department; Fred Taylor, individually as Director/Chief of Police of Metro-Dade Police Department, Metro-Dade Police Department, a political subdivision of Dade County, Florida, Defendants-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 25, 1996.


Attorney(s) appearing for the Case

Douglas S. Lyons, Alan Goodman, Lyons and Farrar, P.A., Coral Gables, Florida, for Appellant.

Mitchell Alexander Bierman, Dade County Attorney's Office, Miami, FL, for Appellees.

Before HATCHETT and BARKETT, Circuit Judges, and OAKES, Senior Circuit Judge.


HATCHETT, Circuit Judge:

Appellant, Fernando Alberto Ortega, appeals the district court's order granting a judgment on the pleadings in favor of appellees, Officer William Christian, Chief Fred Taylor, and the Metro-Dade Police Department on his claims for false arrest and false imprisonment under 42 U.S.C. § 1983. We reverse.

FACTS

On January 21, 1992, the Metro-Dade Police Department (MDPD) received a report of a robbery and kidnapping. On...

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