Legal Opinion
Gomez v. Lozano
District Court, S.D. Florida
Decided January 21, 2011No. Case 09-22988-CIVPublishedCited by 3 opinions
1Opinion of the Court
Order Denying in Part and Granting in Part Motion to Dismiss
ADALBERTO JORDAN, District Judge.
For the following reasons, the City of Miami Beach’s motion to dismiss the second amended complaint [D.E. 94] is denied in part and granted in part. Steven Gomez’s claim for municipal liability under 42 U.S.C. § 1983 (Count XVI) is dismissed without prejudice, Mr. Gomez’s claim for malicious prosecution (Count XIX) is dismissed without prejudice, and Mr. Gomez’s claim for assault and battery (Count XVII) survives. Miami Beach shall answer the remaining Counts by January 18, 2011.
I. Legal Standard
To…
2Cases cited14 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
- Laura Skop v. City of Atlanta, GeorgiaCourt of Appeals for the Eleventh Circuit · 2007
- Roe v. Aware Woman Center for Choice, Inc.Court of Appeals for the Eleventh Circuit · 2001
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3Cited by3 opinions
- Spadaro v. City of MiramarDistrict Court, S.D. Florida · 2012
- City of Fort Lauderdale v. ScottDistrict Court, S.D. Florida · 2012
- Williams v. City of BirminghamDistrict Court, N.D. Alabama · 2018