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RADER v. MERCALDO

Case No. 6:13-cv-878-Orl-31KRS.

RANDOLPH D. RADER and GAY S. RADER, Plaintiffs, v. PETE MERCALDO, BRIAN CAVANAUGH, MICHAEL SZCZEPANSKI, CITY OF MELBOURNE, Defendants.

United States District Court, M.D. Florida, Orlando Division.

September 12, 2013.

Attorney(s) appearing for the Case

Randolph D. Rader, Co-Personal Representatives of the Estate of Ryan Wesley Rader, Plaintiff, represented by Raymond O. Bodiford , Raymond Bodiford, Esq..

Gay S. Rader, Co-Personal Representatives of the Estate of Ryan Wesley Rader, Plaintiff, represented by Raymond O. Bodiford , Raymond Bodiford, Esq..

Pete Mercaldo, Lieutenant Melbourne Police Dept., Defendant, represented by Robert E. Bonner , Meier, Bonner, Muszynski, O'Dell & Harvey, PA & David R. Lane , Meier, Bonner, Muszynski, O'Dell & Harvey, PA.

Brian Cavanaugh, Officer Melbourne Police Dept., Defendant, represented by Robert E. Bonner , Meier, Bonner, Muszynski, O'Dell & Harvey, PA & David R. Lane , Meier, Bonner, Muszynski, O'Dell & Harvey, PA.

Michael Szczepanski, Officer Melbourne Police Dept., Defendant, represented by Robert E. Bonner , Meier, Bonner, Muszynski, O'Dell & Harvey, PA & David R. Lane , Meier, Bonner, Muszynski, O'Dell & Harvey, PA.

City of Melbourne, Defendant, represented by F. Scott Pendley , Dean, Ringers, Morgan & Lawton, PA.

ORDER

GREGORY A. PRESNELL, District Judge.

This matter comes before the Court without a hearing on the Motion to Dismiss (Doc. 35) filed by the City of Melbourne (the "City") and the response in opposition (Doc. 41) filed by the Plaintiffs, Randolph Rader and Gay Rader, who appear in their capacity as co-personal representatives of the estate of Ryan Rader.

I. Background

According to the allegations of the Complaint (Doc. 1) which are accepted...

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