Florida Supreme Court
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February 7, 2017
Freddy D'Agastino, et al., v. The City of Miami, et al.
Miami Police Lt. D’Agastino challenged the authority of a “Civilian Investigative Panel” set up under a city ordinance to investigate allegations of police misconduct. He argued the ordinance was preempted by a state law spelling out the rights of law enforcement officers. The trial court ruled for the city of Miami and the CIP. On appeal, the Third District Court of Appeal upheld the trial court. Lt. D’Agastino argues the decision by the 3rd DCA is in conflict with a decision by the Fifth District Court of Appeal in a similar but