Cellermaster Wines, Inc. v. Chastain

ORDER DISMISSING COMPLAINT

JAMES LAWRENCE KING, District Judge.

This matter is before the Court on the defendant’s motion to dismiss the complaint and the plaintiffs’ response thereto. The posture of this case raises serious questions about the exercise of federal court jurisdiction, and this Court concludes that such exercise is inappropriate.

This action arises out of a search of the plaintiffs’ business premises by the defendant-officer of the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business Regulation. The complaint alleges that, acting under color of state…