Campbell v. City of Miami Gardens

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division Case Number: 20-21919-CIV-MORENO

DERRICK CAMPBELL,

Plaintiff, VS. .

CITY OF MIAMI GARDENS, AND THREE UNKNOWN POLICE OFFICERS, in their individual capacities,

Defendants.

/ ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO

DISMISS THIS CAUSE came before the Court upon Defendants' Motion to Dismiss (D.E. 28, 30), filed on June 29, 2020 and July 8, 2020.

THE COURT has considered the motion, the response in opposition, the reply pertinent portions of the record, and being otherwise fully advised in the premises, it is

ADJUDGED that the motion is GRANTED in part and DENIED in part. The Court dismisses Count 7 and Count 8 against the City of Miami Gardens for failure to state a claim for the reasons stated in open court. See Monell v. Dep't of Soc. Servs. of City‘of New York, 436 U.S. 658 (1978). The Court also denies qualified immunity without prejudice to be raised at later stage in the litigation, once the facts are further developed, for the reasons stated in open court. The motion to dismiss is denied on the remaining Counts.

DONE AND ORDERED in Chambers at Miami, Florida, this al of February 2021. nieces A. MORENO

UNITED STATES DISTRICT JUDGE

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