Legal Opinion

Battista v. Cannon

District Court, M.D. Florida

Decided July 24, 1996No. 96-688-CIV-T-17(A)PublishedCited by 3 opinions

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS

KOVACHEVICH, Chief Judge.

This cause comes before the Court for consideration of Defendant, Lee Cannon’s, motion to dismiss the Plaintiffs complaint (Docket No. 4), filed April 29, 1996, and Plaintiffs response in opposition thereto, filed May 17, 1996 (Docket No. 10). Defendant asserts that the complaint fails to state claims upon which relief can be granted.

I. FACTUAL BACKGROUND

The complaint alleges. that on June 11, 1994, Deputy Phillip Wayne Armstrong, who was employed by the Defendant, Lee Cannon, Sheriff of Pasco County, stopped the Plaintiff for a traffic…

2Cases cited31 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. West v. AtkinsSupreme Court of the United States · 1988
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by3 opinions

  1. Sherman v. Del. Dep't of Pub. SafetySupreme Court of Delaware · 2018
  2. K.M. v. Alabama Department of Youth ServicesDistrict Court, M.D. Alabama · 2005
  3. Thomas v. City of ClantonDistrict Court, M.D. Alabama · 2003

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