MOODY v. CITY OF KEY WEST

No. 3D01-123.

805 So.2d 1018 (2001)

Richard MOODY, Sr., Kathleen Moody, Richard Wyatt Moody and Raymond Earl Thorn, Appellants, v. CITY OF KEY WEST, Bernard "Bear" Barrios, Kenneth A. Stinson, Joseph Tripp, Kurt Allen Stephens, Thomson Street Corporation d/b/a Friendly Cab Company, and Billy Lee Chamblin, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 20, 2002.


Attorney(s) appearing for the Case

Richard Taylor, Jr., Longwood, for appellants.

David J. Audlin, Jr., Key West, for appellees.

Before COPE, FLETCHER and RAMIREZ, JJ.


COPE, J.

This is an appeal of a summary judgment in favor of the City of Key West and city police officers in an action brought under 42 U.S.C. § 1983 and for common law torts. We affirm in part and reverse in part.

I.

At approximately 2:30 a.m. on October 29, 1994, a taxi driver called the Key West Police Department to report that Steve Brown was throwing full beer cans at cars in a Key West intersection.1 Steve...

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