United States Eleventh Circuit

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Zivojinovich v. Barner, 07-11903

In an action arising from certain boisterous conduct at a hotel's New Year's Eve party wherein plaintiff sustained injuries from police arresting action, summary judgment for defendants on plaintiffs' section 1983 excessive force and negligence claims is reversed in part as to defendants-hotel and manager where: 1) the hotel's night shift manager had a duty not to lie to law enforcement in a way that made it more likely that hotel guests would be hurt; 2) he allegedly breached that duty; and 3) a reasonable jury could find that such breach was the actual and proximate cause of plaintiff's injuries.

Appellate Information

  • Decided 04/23/2008
  • Published 04/23/2008


  • PER CURIAM:, Before BIRCH, DUBINA and CARNES, Circuit Judges.


  • United States Eleventh Circuit


  • For Appellant:
  • Michael R. McDonnell, McDonnell Trial Lawyers, Naples, FL, for Appellants.

  • For Appellees:
  • Laurie Webb Daniel, Holland & Knight, Atlanta, GA, Richard A. Gluffreda, Karma D. Hall, Purdy, Jolly, Gluffreda & Barranco, P.A., Ft. Lauderdale, FL, Judith M. Mercier, Holland & Knight, Orlando, FL, for Appellees.
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