Nelson v. City of Panama City, Florida

ORDER DISMISSING COMPLAINT IN PART

HINKLE, District Judge.

Before the court is a motion to dismiss the complaint in certain respects. I grant the motion in part.

Background

This action arises from a Panama City police officer’s alleged entry onto the property of plaintiff Robert B. Nelson, without a warrant, for the purpose of seizing a boat the officer claimed was stolen, and the officer’s alleged arrest of Mr. Nelson for refusing to surrender the boat and instead demanding that the officer leave. The complaint alleges the boat in fact belonged to Mr. Nelson’s son and was not stolen.

Mr. Nelson…