FELICIANO v. CITY OF MIAMI BEACH

No. 12-11397.

707 F.3d 1244 (2013)

Janet FELICIANO, Plaintiff-Appellee, Edgardo Gonzaga, Plaintiff, v. CITY OF MIAMI BEACH, a municipal entity, Defendant, Lt. Robert Acosta, Miami Beach Police Lt., in his individual capacity, Det. Andrew Dohler, Miami Beach Police Det., in his individual capacity, Det. Douglas Dozier, Miami Beach Police Det., in his individual capacity, Sgt. James Nash, Miami Beach Police Sgt., in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 5, 2013.


Attorney(s) appearing for the Case

Jennifer Lucas Keesler , Keesler Law, Cape Coral, FL, Robert William Ross, Jr. , Ross Law Firm, Lake Worth, FL, Mara Shlackman , Law Offices of Mara Shlackman, PL, Ft. Lauderdale, FL, for Plaintiff-Appellee.

Joshua Michael Entin , Entin & Delia Fera, PA, Fort Lauderdale, FL, Robert L. Switkes , Rosen, Switkes & Entin, PL, Miami Beach, FL, for Defendants-Appellants.

Robert F. Rosenwald , Office of the City Atty., Miami Beach, FL, for the City of Miami Beach, Defendant-Appellant.

Before CARNES and COX, Circuit Judges, and RESTANI, Judge.


CARNES, Circuit Judge:

At early common law parties and others with an interest in the outcome of litigation were deemed incompetent to testify and barred from the witness stand on the ground that their interest made them unworthy of belief. 2 John H. Wigmore, Evidence in Trials at Common Law §§ 575-77 (Chadbourn Rev. 1979). The idea was similar to the one that H.L. Mencken expressed in another context when he remarked, "It is hard to believe that...

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