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PRIETO v. MALGOR

No. 02-16921.

361 F.3d 1313 (2004)

Helenio PRIETO, in his capacity as personal representative of the estate of Florentino Prieto, Plaintiff-Appellant, v. Manuel MALGOR, individually, Luke Marokioli, individually, Miami-Dade County, a political subdivision of the State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 4, 2004.

Attorney(s) appearing for the Case

Michael Garcia Petit, Michael Garcia Petit, P.A., Miami, FL, for Plaintiff-Appellant.

Susan Torres, Eric Kirby Gressman, Dade Cty. Atty., Miami, FL, for Defendants-Appellees.

Before DUBINA, BARKETT and COX, Circuit Judges.

PER CURIAM:

Helenio Prieto filed this appeal following an adverse jury verdict in a suit against two police officers and the County of Miami-Dade for excessive force and battery. Prieto claims that the district court improperly allowed expert testimony on the appropriate use of force despite the failure of Defendants to provide the expert witness report required under Federal Rule of Civil Procedure 26(a)(2). Prieto also claims that the district court improperly entered...

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