Coletta v. the City of North Bay Village

ORDER ON MOTIONS TO DISMISS

HIGHSMITH, District Judge.

THIS CAUSE comes before the Court upon Defendants Paul Vogel, James DiPie-tro, and Michael Berkman’s Motion to Dismiss Counts I and IV of Plaintiffs Second Amended Complaint, filed December 5, 1996; and Defendants Paul Vogel, James DiPietro, and Michael Berkman’s Motion to Dismiss Counts II and III of Plaintiffs Second Amended Complaint, filed December 19, 1996. For the reasons set forth below, the Court grants said motions as to Counts I and IV, and denies said motions as to Counts II and III.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff…