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BRESCHER v. PIREZ

No. 95-0175.

696 So.2d 370 (1997)

George BRESCHER, as former Sheriff of Broward County, Florida, and Paul Dean and Kevin McNesby, as individuals, Appellants, v. Miguel PIREZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing April 30, 1997.

Rehearing and Rehearing Denied July 1, 1997.

Attorney(s) appearing for the Case

Robert M. Klein and Louise H. McMurray of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellants.

David J. Finger of Levine & Finger, and Arthur J. England and Elliot H. Scherker of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellee.

Rehearing and Rehearing En Banc Denied July 1, 1997.

WARNER, Judge.

This claim for civil damages under the Civil Rights Act, 42 U.S.C. section 1983, arises from a shooting incident in 1984 in which plainclothes sheriff's deputies used deadly force in attempting to arrest a van full of people fleeing from the scene of a burglary. The deputies and the former sheriff of Broward County claim that the deputies were entitled to qualified immunity for their acts...

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