Cara Williams v. Jacqueline Barrett

U.S. Court of Appeals for the Eleventh Circuit
Cara Williams v. Jacqueline Barrett, 220 F. App'x 930 (11th Cir. 2007)

Cara Williams v. Jacqueline Barrett

Opinion

PER CURIAM:

Appellant Cara Williams filed a complaint pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia, alleging that her constitutional rights were violated during her incarceration in the Fulton County, Georgia, jail. In her complaint, Williams named Sheriff Jacqueline Barrett, as well as six unidentified sheriffs deputies, as defendants. Without permitting any discovery in the case, the district court granted Barrett’s motion to dismiss for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). Williams then perfected this appeal.

After reviewing the record, reading the parties’ briefs, and having the benefit of oral argument, we conclude that the district. court abused its discretion by not permitting Williams any discovery in this case before granting the Rule 12(b)(6) motion to dismiss. Accordingly, we vacate the district court’s judgment of dismissal and remand this case with directions that the court permit the parties’ to engage in discovery.

VACATED and REMANDED.

Reference

Full Case Name
Cara WILLIAMS, Plaintiff-Appellant, v. Jacqueline BARRETT, John Doe No. 1, John Doe No. 2, John Doe No. 3, Jane Doe No. 1., Et Al., Defendants-Appellees
Status
Unpublished