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KEATING v. CITY OF MIAMI

No. 09-10939.

598 F.3d 753 (2010)

Jeffrey KEATING, Rich Hersh, Bonnie Redding, Jason Kotoch, Raymond Del Papa, et al., Plaintiffs-Appellees, v. CITY OF MIAMI, a municipal entity, City of Miami Beach, a municipal entity, et al., Defendants, Miami Police Dept. Chief John Timoney, in his individual capacity, Miami Police Dept. Deputy Chief Frank Fernandez, in his individual capacity, Miami Police Dept. Major Adam Burden, in his individual capacity, Miami Police Dept. Captain Thomas Cannon, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 2, 2010.

Attorney(s) appearing for the Case

Joshua Michael Entin, Rosen Switkes & Entin, P.L., John A. Greco, Miami, FL, Ronald Jay Cohen, Ronald J. Cohen, P.A., Hialeah, FL, for Defendants-Appellants.

Mara Shlackman, Law Offices of Mara Shlackman, P.L., Ft. Lauderdale, FL, for Plaintiffs-Appellees.

Before WILSON and ANDERSON, Circuit Judges, and RESTANI, Judge.

WILSON, Circuit Judge:

This appeal stems from a 42 U.S.C. § 1983 action brought by Jeffrey Keating, Rich Hersh, Bonnie Redding, Jason Kotoch, and Raymond Del Papa (collectively the "Protesters"), alleging, inter alia, violations of their First and Fourth Amendment rights during a demonstration held in November 2003 outside the Free Trade Area of the Americas (the "FTAA") meeting in Miami. Specifically, the Protesters allege that Chief John Timoney ("Timoney...

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