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DICKS EX REL. MONTGOMERY v. JENNE

No. 98-0877.

740 So.2d 576 (1999)

Mary DICKS, on Behalf of her minor child James MONTGOMERY, Jr., Appellant, v. Ken JENNE, as Sheriff of Broward County and as successor to former Sheriffs Nick Navarro and Ron Cochran, and Deputy Gary Biernacki, in his official and individual capacity, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 22, 1999.

Attorney(s) appearing for the Case

Beverly A. Pohl, Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale and Howard A. Spier of Rossman Baumerger & Reboso, Miami, for appellant.

Louise H. McMurray of Stephens, Lynn, Klein & McNicholas, P.A., Miami and Purdy, Jolly & Giuffreda, P.A., Fort Lauderdale, for appellee Gary Biernacki.

FARMER, J.

Plaintiff filed suit against the Broward County Sheriff's Office and Deputy Gary Biernacki following the 1990 arrest of her six year old son, James, by Deputy Biernacki, for the felony crime of aggravated battery and the misdemeanor crime of battery. No charges were filed against James as it was later determined that another person committed the aggravated battery. Plaintiff sought, inter alia, damages under 42 U.S.C. § 1983 for an alleged violation...

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