No. 18-625

City of Miami, Florida v. Taiwan Smart

Lower Court: Eleventh Circuit
Docketed: 2018-11-14
Status: Dismissed
Type: Paid
Tags: burden-of-proof civil-procedure civil-rights constitutional-violations custom-or-practice due-process municipal-liability non-state-actors section-1983 witness-testimony
Key Terms:
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Latest Conference: N/A
Question Presented (AI Summary)

Whether the isolated alleged incidents of constitutional violations in Plaintiff's § 1983 claims, which are founded on the actions of non-state actors, are legally sufficient to establish a municipal custom or practice' as held by the Eleventh Circuit Court of Appeals

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I.Whether the isolated alleged incidents of constitutional violations in Plaintiff's § 1983 claims, which are founded on the actions of non-state actors, are legally sufficient to establish a municipal “custom or practice” as held by the Eleventh Circuit Court of Appeals. II. Whether the Eleventh Circuit’s theory that the jury disbelieved witness testimony to the contrary constitutes sufficient evidence to support the Plaintiff's burden of proof, in the absence of affirmative evidence supporting Plaintiff's claim.

Docket Entries

2019-02-01
Petition Dismissed - Rule 46.
2019-01-29
Stipulation to dismiss the petition for a writ of certiorari under Rule 46.1 filed.
2018-12-14
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
2018-12-13
Motion to extend the time to file a response from December 14, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-08
Petition for a writ of certiorari filed. (Response due December 14, 2018)

Attorneys

City of Miami
Kerri Lauren McNultyCity of Miami, Office of the City Attorney, Petitioner
Kerri Lauren McNultyCity of Miami, Office of the City Attorney, Petitioner
Taiwan Smart
Joseph P. Klock Jr.Rasco Klock Perez Nieto PL, Respondent
Joseph P. Klock Jr.Rasco Klock Perez Nieto PL, Respondent