Legal Opinion

Berry v. Smith

District Court, M.D. Florida

Decided July 31, 2025No. 2:25-cv-00299Unknown

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

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
  3. 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
  4. Eloy Rojas Mamani v. Jose Carlos Sanchez BerzainCourt of Appeals for the Eleventh Circuit · 2011
  5. Lewis v. City of West Palm Beach, Fla.Court of Appeals for the Eleventh Circuit · 2009

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