Legal Opinion
Blatchford v. Guerra
District Court, S.D. Florida
Decided September 3, 1982No. 82-6256-CIV-EPSPublishedCited by 7 opinions
1Opinion of the Court
SPELLMAN, District Judge.
THIS CAUSE came before the Court on Defendant’s Motion to Dismiss, based on a claim of sovereign immunity, an action for battery filed by • a government employee against his supervisor.
ORDERED AND ADJUDGED that the Motion to Dismiss is GRANTED.
For the purposes of a motion to dismiss for failure to state a claim upon which relief can be granted, the allegations of the complaint must be viewed in the light most favorable to the plaintiff. Erco Industries, Ltd. v. Seaboard Coast Line R.R., 644 F.2d 424 (5th Cir. 1981).
The complaint alleges the following facts. Guerra was…
2Cases cited7 opinions
- Barr v. MatteoSupreme Court of the United States · 1959
- Gregoire v. BiddleCourt of Appeals for the Second Circuit · 1949
- Virgil Norton, Virgil Wesley and James Chapman v. James P. McShaneCourt of Appeals for the Fifth Circuit · 1964
- Erco Industries Limited, a Corporation v. Seaboard Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1981
- Boyd D. Evans and Lois A. Evans D/B/A Complete Breathing Care, Inc. v. Doug Wright and Christopher MulhollandCourt of Appeals for the Fifth Circuit · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Iris N. McKinney v. Charles A. WhitfieldCourt of Appeals for the D.C. Circuit · 1984
- Federal Deposit Ins. Corp. v. HaddadDistrict Court, S.D. Florida · 1991
- Fort v. AtkinsLouisiana Court of Appeal · 1984
- Brandt v. BassettDistrict Court, S.D. Florida · 1993
- In Re Southeast Banking Corp.District Court, S.D. Florida · 1993
2 more not listed; retrieve them via the Exa API.