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DAVIS v. CITY OF APOPKA

No. 20-11994.

78 F.4th 1326 (2023)

Timothy Allen DAVIS, Sr., Plaintiff-Appellant, v. CITY OF APOPKA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: August 28, 2023.

Attorney(s) appearing for the Case

James Kellogg Green , James K. Green, PA, West Palm Beach, FL, Charles Edward Emanuel, Jr. , The Emanuel Firm, PA, Orlando, FL, Howard S. Marks , Burr & Forman, LLP, Orlando, FL, for Plaintiff-Appellant.

Gail C. Bradford , Patricia R. Chapman , Joseph R. Flood, Jr. , Dean Ringers Morgan & Lawton, PA, Orlando, FL, Eric J. Netcher , Osceola County Circuit Court, Kissimmee, FL, for Defendant-Appellee City of Apopka.

Meagan Lindsay Logan , Attorney, Douglas & Carter, Lake City, FL, for Defendant-Appellee Robert Manley, III, Randall Fernandez, Nicole Dunn, and Andrew Parkinson.

Before Branch, Grant, and Ed Carnes, Circuit Judges.

During a domestic dispute, Timothy Allen Davis, Sr. shot his unarmed twenty-two-year-old son, killing him. He was arrested and prosecuted for murder but was acquitted after a jury trial. Davis then filed a lawsuit against the City of Apopka, Florida and some of its police officers. He asserted a 42 U.S.C. § 1983 claim...

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