Booker v. City of Atlanta

ORDER

VINING, District Judge.

In this 42 U.S.C. § 1983 action the court in an opinion dated December 12, 1983, see Appendix, rejected as frivolous the two arguments offered by defendant City of Atlanta supporting the city’s motion to dismiss. The city’s argument which suggested that dismissal was appropriate because the city had not received ante litem notice of this suit as required by O.C.G.A. § 36-33-5 (1982) was particularly troubling, since a long and unbroken line of cases by the United States Court of Appeals for the Fifth Circuit and the United States District Courts for the Northern…