Fountain v. City of Lakeland et al
| David Robert Fountain, Jr. |
| City of Lakeland, Lakeland Police Department, David Waterman, John Doe and Taser International, Inc. |
| 8:2011cv00052 |
| January 7, 2011 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Polk |
| Elizabeth A. Kovachevich |
| Thomas B. McCoun |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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| Document Text |
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Filing
29
ORDER denying 7 Motion to dismiss. Signed by Judge Elizabeth A. Kovachevich on 11/1/2011. (SN)
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Filing
27
ORDER granting in part and denying in part 6 . Defendants' request that the Court require Plaintiff to file a more definite statement is considered moot in light of the above discussion. In summary: 1. Defendant's Motion to Dismiss as t o Plaintiff's 42 U.S.C. §§ 1985 and 1986 claims is GRANTED. 2. Defendant's Motion to Dismiss as to Plaintiff's claims arising under the Fifth, Eighth and Fourteenth Amendments is GRANTED. 3. Defendant's Motion to Dis miss as to Plaintiff's claims arising under the Fourth Amendment against the Defendant Officers in their individual capacities is DENIED. Defendants' Motion to Dismiss Plaintiff's claims arising under the Fourth Amendment against Defe ndant Officers in their official capacities and the City of Lakeland is GRANTED. 4. Defendants' Motion to Dismiss the claims against Defendant Lakeland Police Department is GRANTED and it is terminated out of this action. 5. Defendants' Motion to Dismiss Plaintiff's Monell claim against Defendant City of Lakeland is DENIED. The remaining Defendants shall answer Plaintiff's Complaint within ten days of this order. Signed by Judge Elizabeth A. Kovachevich on 8/23/2011. (SN)
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