D'AGASTINO v. CITY OF MIAMI

No. SC16-645.

220 So.3d 410 (2017)

Freddy D'AGASTINO, et al., Petitioners, v. The CITY OF MIAMI, et al., Respondents.

Supreme Court of Florida.

June 22, 2017.


Attorney(s) appearing for the Case

Robert C. Buschel and Eugene G. Gibbons of Buschel Gibbons, P.A., Fort Lauderdale, Florida; and Ronald J. Cohen of Rice Pugatch Robinson Storfer & Cohen PLLC, Fort Lauderdale, Florida, for Petitioners.

Victoria Méndez , City Attorney, and John A. Greco , Deputy City Attorney, Miami, Florida, for Respondent City of Miami.

Edward G. Guedes , John J. Quick , and Adam A. Schwartzbaum of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, Florida, for Respondent City of Miami Civilian Investigative Panel.

G. "Hal" Johnson , General Counsel, Florida Police Benevolent Association, Inc., Tallahassee, Florida; and Robert D. Klausner , Adam P. Levinson , and Paul A. Daragjati of Klausner Kaufman Jensen & Levinson, Plantation, Florida, for Amicus Curiae Florida Police Benevolent Association, Inc.

Richard A. Sicking and Mark A. Touby of Touby, Chait & Sicking, P.L., Coral Gables, Florida, for Amicus Curiae Florida Professional Firefighters, Inc., International Association of Firefighters, AFL-CIO.

Nancy G. Abudu of American Civil Liberties Union Foundation of Florida, Miami, Florida; and Jeanne Baker of Jeanne Baker Attorney at Law, PA, Miami, Florida, for Amici Curiae American Civil Liberties Union of Florida, Greater Miami Chapter of American Civil Liberties Union of Florida, Miami-Dade Branch of the National Association for the Advancement of Colored People, and National Association of Civilian Oversight of Law Enforcement.


The many and multiple complexities and conflicts generated in today's society have produced numerous difficulties inherent in the delivery of police work and services. The City of Miami, along with other governmental units, have responded to some of those difficulties inherent in modern police work by creating citizen review and investigative...

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