Legal Opinion
Louella T. Bradberry, Individually and as Personal Representative of the Estate of Kenny Ray Thomas, Deceased v. Pinellas County
Court of Appeals for the Eleventh Circuit
Decided May 23, 1986No. 85-3535PublishedCited by 110 opinions
1Opinion of the Court
HENDERSON, Senior Circuit Judge:
This appeal involves yet another attempt to litigate a state law tort claim in federal court under the guise of a suit brought pursuant to the provisions of 42 U.S.C. § 1983. The district court dismissed this case for failure to state a claim upon which relief could be granted. Fed.R.Civ.Pro. 12(b)(6). We affirm the district court’s dismissal but for reasons different than those stated by that court.
On September 5,1983, Kenny Ray Thomas entered a non-designated swimming area off a beach in Florida near DeSoto Beach Park owned by Pinellas County (County). He…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Estelle v. GambleSupreme Court of the United States · 1976
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Paul v. DavisSupreme Court of the United States · 1976
- Harris v. McRaeSupreme Court of the United States · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Horace Luckey, III v. Joe Frank Harris, GovernorCourt of Appeals for the Eleventh Circuit · 1988
- Penilla v. City of Huntington ParkCourt of Appeals for the Ninth Circuit · 1997
- Joshua Deshaney, a Minor, by His Guardian Ad Litem, Curry First, Esq. And Melody Deshaney v. Winnebago County Department of Social ServicesCourt of Appeals for the First Circuit · 1987
- Charmaine Brown v. Commonwealth Of Pennsylvania Department Of Health Emergency Medical Services Training InstituteCourt of Appeals for the Third Circuit · 2003
- Little v. City of North MiamiCourt of Appeals for the Eleventh Circuit · 1986
105 more not listed; retrieve them via the Exa API.