Showers v. City of Bartow

ORDER ON DEFENDANT’S MOTION TO DISMISS

KOVACHEVICH, Chief Judge.

This cause comes before the Court upon Defendant City of Bartow’s Motion to Dismiss (Dkt. 4).and Plaintiffs response (Dkt. 5).

I. STANDARD OF REVIEW

A Complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that plaintiff can prove no set of facts that support a claim for relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957); Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th Cir.1982). In reviewing a motion to dismiss, the Court is required to…