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MILLS v. TOWN OF DAVIE

No. 98-6561-Civ.

48 F.Supp.2d 1378 (1999)

Alphonse MILLS, Plaintiff, v. TOWN OF DAVIE, a Florida municipal corporation, and Chris Butler, individually, and as a police officer for the Town of Davie, Defendants.

United States District Court, S.D. Florida, Fort Lauderdale Division.

May 6, 1999.

Attorney(s) appearing for the Case

Edward McGee, Jr., McGee Gainey & Huskey, Fort Lauderdale, FL, for plaintiff.

Richard Hunt McDuff, Johnson, Anselmo, Murdoch, Burke & George, Ft. Lauderdale, FL, for defendants.

ORDER

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon Defendants' Motion for Summary Judgment (filed March 24, 1999, DE # 28). Response and Reply have been filed.

I. Background

The relevant facts are undisputed. On June 28, 1994, at approximately 12:40 A.M., an individual forced his way into a McDonald's restaurant in the town of Davie, Florida. The robber pointed a gun at Kelly Balch, one of three...

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