Hornfeld v. City of North Miami Beach

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS COUNTS II AND III OF THE COMPLAINT

GOLD, District Judge.

THIS CAUSE is before the Court upon Defendants’ Motion to Dismiss Counts II and III of the Complaint and Incorporated Memorandum of Law [D.E. # 10]. Defendants have moved to dismiss Count II, which alleges deprivations of Plaintiff Anne Hornfeld’s rights conferred by the Equal Protection Clause of the Fourteenth Amendment by the City in violation of 42 U.S.C. § 1983, and Count III, which alleges these same deprivations were committed by Asmar. Defendants seek to dismiss pursuant to Rule 12(b)(6)…