Howe v. City of Enterprise

After city officers shot plaintiff, he filed suit alleging claims, inter alia, under 42 U.S.C. 1983 for violations of his constitutional rights. On appeal, defendants challenged the district court's denial of their second motion to dismiss and instructing them to develop and file their Federal Rule of Civil Procedure 26(f) report. The Eleventh Circuit vacated the district court's order to the extent that it denied without prejudice the motion to dismiss on immunity grounds and directed plaintiff to amend his complaint again. The court explained that, after plaintiff has filed his second amended complaint, defendants may file another motion to dismiss that includes assertions of immunity from suit. View "Howe v. City of Enterprise" on Justia Law