Legal Opinion

ATHEISTS OF FLORIDA v. City of Lakeland, Fla.

District Court, M.D. Florida

Decided March 15, 2011No. Case 8:10-CV-1538-T-17PublishedCited by 10 opinions

1Opinion of the Court

ORDER ON DEFENDANTS’ MOTION TO DISMISS

ELIZABETH A. KOVACHEVICH, District Judge.

This cause is before the Court on Defendants’, City of Lakeland and Mayor Gow Fields, Motion to Dismiss (Doc. 15) and Plaintiffs’, Atheists of Florida, Inc. and Ellenbeth Wachs, response thereto (Doc. 21). For the reasons set forth below, Defendants’ Motion to Dismiss is DENIED IN PART, as to Counts I and II, and GRANTED IN PART, as to Counts III and IV. The following facts, gleaned from Plaintiffs’ First Amended Complaint (Doc. 10) and the exhibits appended thereto, are taken as true for purposes of this motion.

BAC…

2Cases cited59 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  4. Conley v. GibsonSupreme Court of the United States · 1957
  5. Harlow v. FitzgeraldSupreme Court of the United States · 1982

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3Cited by10 opinions

  1. Atheists of Florida, Inc. v. City of Lakeland, FloridaCourt of Appeals for the Eleventh Circuit · 2013
  2. Doe v. Pittsylvania CountyDistrict Court, W.D. Virginia · 2012
  3. Fields v. Speaker of the Pennsylvania House of RepresentativesDistrict Court, M.D. Pennsylvania · 2017
  4. Steen v. City of PensacolaDistrict Court, N.D. Florida · 2011
  5. American Humanist Ass'n v. City of OcalaDistrict Court, M.D. Florida · 2015

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