![]() Plaintiff avers that Deputy Yaffey “immediately made a U-turn” and “raced after Plaintiff” upon seeing Plaintiff “to search his vehicle because saw” a white male passenger, Mr. ORDERED AND ADJUDGED that the Report is ADOPTED in part and REJECTED in part pursuant to the modifications and supplemental information included herein.įACTUAL ALLEGATIONS In his Amended Complaint, Plaintiff alleges that Deputy Yaffey “erroneously and unlawfully” pulled Plaintiff over after they passed one another on a two- lane highway at night. Having carefully reviewed the Report, the Objections, the record, and governing law, it is herebyġ In its conclusion, the Report omitted the Magistrate Judge’s previous f inding that Plaintiff’s Fourth Amendment claim related to Plaintiff’s initial seizure (i.e., a traffic stop) should proceed. See Plaintiff’s Objections (“Objections”). Disagreeing with the Report’s conclusions, Plaintiff timely filed objections to certain portions of the Report. Specifically, the Report advises the Court to permit the following claims to proceed against Deputy Yaffey in his individual capacity: a Fourth Amendment claim due to an unreasonable traffic stop seizure a malicious prosecution claim and a selective enforcement claim. In her well-reasoned Report, the Magistrate Judge recommends that three claims proceed, and all other claims be dismissed. ![]() ![]() Compl.” ) filed by Plaintiff Frederick T. ORDER ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS CAUSE is before the Court upon a United States Magistrate Judge’s Report and Recommendation (“Report”), which screened a pro se civil rights Amended Complaint (“ Am. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDAĬASE NO. ![]()
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