Berry v. Smith
District Court, M.D. Florida
1Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHAWN MICHAEL BERRY, Plaintiff, v. Case No: 2:25-cv-299-JES-NPM OFFICER TAYLOR SMITH, Official Capacity, and CITY OF PUNTA GORDA, Official Capacity, Defendants. OPINION AND ORDER This matter comes before the Court on the Motion to Dismiss (Doc. #17) filed on June 23, 2025, by Defendants Officer Taylor Smith (“Officer Smith”) and City of Punta Gorda (the “City”) (collectively, “Defendants”). Plaintiff Shawn Michael Berry (“Berry”) filed a Response in Opposition (Doc. #20) on July 12, 2025. For the reasons given below,…
2Cases cited13 opinions
- Erickson v. PardusSupreme Court of the United States · 2007
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian JonesCourt of Appeals for the Eleventh Circuit · 2003
- Eloy Rojas Mamani v. Jose Carlos Sanchez BerzainCourt of Appeals for the Eleventh Circuit · 2011
- Lewis v. City of West Palm Beach, Fla.Court of Appeals for the Eleventh Circuit · 2009
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