Bush v. City of Daytona Beach

Bush v. City of Daytona Beach

Plaintiff:	D'Arious Bush
Defendant:	City of Daytona Beach
Case Number:	6:2012cv01541
Filed:	October 11, 2012
Court:	US District Court for the Middle District of Florida
Office:	Orlando Office
County:	Volusia
Presiding Judge:	Charlene Edwards Honeywell
Presiding Judge:	Thomas B. Smith
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1441 Notice of Removal- Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 24, 2013	Filing 17 ORDER granting 7 motion to dismiss. Defendant City of Daytona Beach's Amended Motion to Dismiss Complaint (Doc. 7) is GRANTED. Plaintiff D'Arious Bush's Complaint (Doc. 2) is DISMISSED. As alleged, Plaintiff's claims arising fr om his January 28, 2008 arrest are clearly barred by the applicable statutes of limitation. Defendant is entitled to sovereign immunity on Count I. Moreover, Plaintiff has failed to state a claim upon which relief can be granted as to Counts II and III. Counts IV, V, and VI are dismissed as duplicative. In his Response to the Motion to Dismiss, Plaintiff requests leave to file an Amended Complaint (Doc. 15). Realizing that Plaintiff has not had an opportunity to amend his Complaint, the Court will grant Plaintiff leave to file an Amended Complaint which cures the deficiencies noted in this Order and which complies with the requirements of Rule 11, Fed. R. Civ. P. Plaintiff is granted leave to file an Amended Complaint within FOURTEEN (14) days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 6/24/2013. (AHB)

Date Filed

Document Text

June 24, 2013

Filing 17 ORDER granting 7 motion to dismiss. Defendant City of Daytona Beach's Amended Motion to Dismiss Complaint (Doc. 7) is GRANTED. Plaintiff D'Arious Bush's Complaint (Doc. 2) is DISMISSED. As alleged, Plaintiff's claims arising fr om his January 28, 2008 arrest are clearly barred by the applicable statutes of limitation. Defendant is entitled to sovereign immunity on Count I. Moreover, Plaintiff has failed to state a claim upon which relief can be granted as to Counts II and III. Counts IV, V, and VI are dismissed as duplicative. In his Response to the Motion to Dismiss, Plaintiff requests leave to file an Amended Complaint (Doc. 15). Realizing that Plaintiff has not had an opportunity to amend his Complaint, the Court will grant Plaintiff leave to file an Amended Complaint which cures the deficiencies noted in this Order and which complies with the requirements of Rule 11, Fed. R. Civ. P. Plaintiff is granted leave to file an Amended Complaint within FOURTEEN (14) days from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 6/24/2013. (AHB)

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Plaintiff: D'Arious Bush
Represented By:	David W. Glasser
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Defendant: City of Daytona Beach
Represented By:	Robert F. Jagger
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