G.R.S. v. State Florida

Plaintiff filed suit against the Broward County Sheriffs Office and Deputy Gary Biernacki following the 1990 arrest of her six year old son, James, by Deputy Biernacki, for the felony crime of aggravated battery and the misdemeanor crime of battery. No charges were filed against James as it was later determined that another person committed the aggravated battery. Plaintiff sought, inter alia, damages under 42 U.S.C. §1983 for an alleged violation of James Fourth Amendment rights.