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Civil Rights: Other | Florida Middle
Notice to Counsel of Local Rule
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (WLB)
Order on Motion to Dismiss
ORDER granting in part and denying in part Defendants' Motions to Dismiss (Docs. 13, 17). The Monell wrongful arrest and wrongful imprisonment claims of Count I are DISMISSED with prejudice, and the malicious prosecution claim in Count I is DISMISSED without prejudice. The section 1983 Fourth Amendment wrongful arrest and wrongful imprisonment claims in Count II are DISMISSED with prejudice, and the Florida state malicious prosecution claim in Count II is DISMISSED without prejudice as a shotgun pleading. The Florida state court would decide any leave to amend on remand. The federal claim of malicious prosecution in Count III is DISMISSED without prejudice. The Florida state-law claims in Counts III and IV are REMANDED to the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida. Plaintiff's motion for summary judgment (Doc. 22) is denied as moot. The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the Clerk of the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida. The Clerk of Court is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the file. See Order for details. Signed by Judge John L. Badalamenti on 7/1/2026. (YSR)
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