Amato v. Cardelle

ORDER GRANTING IN PART MOTIONS TO DISMISS

DARRIN P. GAYLES, District Judge.

THIS CAUSE comes before the Court upon Officer Thamyris Cardelle’s Motion to Dismiss [ECF No. 3] and the City of Miami Beach’s Motion to Dismiss the Complaint and Accompanying Memorandum of Law [ECF No. 5] (collectively the “Motions”). The Court has considered the parties’ written submissions and applicable law. Based thereon, the Court denies in part and grants in part the Motions.

BACKGROUND1

On November 24, 2009, Officer Thamyr-is Cardelle (“Officer Cardelle”) arrived at Plaintiffs residence in response to a call from…