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VELAZQUEZ v. CITY OF HIALEAH

No. 05-13157.

480 F.3d 1232 (2007)

Juan VELAZQUEZ, Plaintiff-Appellant, v. CITY OF HIALEAH, a Municipal Corporation in Dade County, Florida, Raul Martinez, Rolando Bolanos, Police Chief, Kelvin Orlando Bostic, Barbaro Hernandez, Theresa Pearce, Sargeant, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 14, 2007.

Attorney(s) appearing for the Case

Cullin Avram O'Brien, Florida Legal Services, Miami Beach, FL, for Velazquez.

Anne Catherine Sullivan, Gaebe, Mullen, Antonelli, Esco & Dimatteo, Coral Gables, FL, for Defendants-Appellees.

Before TJOFLAT, CARNES and HILL, Circuit Judges.

PER CURIAM:

Juan Velazquez appeals the grant of summary to the City of Hialeah (the "City") on his claim for damages under 42 U.S.C. § 1983, alleging that two of its police officers used excessive force upon him after he was handcuffed during his arrest for driving under the influence. The district court held that Velazquez could not prove a "critical element of his case — i.e., which officer actually inflicted the injuries he is claiming." Order Granting...

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