Opinion
CASE NO: 8:07-cv-1705-T-26EAJ.
March 12, 2008
ORDER
Upon due consideration of the well-pleaded allegations of the complaint which this Court must accept as true at this juncture of the proceedings, it is ordered and adjudged that Defendant Grady Judd's Motion to Dismiss Counts II, VIII, and XIV of the Second Amended Complaint (Dkt. 21) is denied. In the Court's view, the complaint, when measured against the liberal notice pleading requirements of Rule 8(a), Federal Rules of Civil Procedure, contains enough facts to state a claim for relief that is plausible on its face with regard to Monell liability. See Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007);Leatherman v. Tarrant Cty. Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 164, 113 S.Ct. 1160, 1161, 122 L.Ed.2d 517 (1993) (holding that "heightened pleading standard" may not be applied by a federal court in civil cases asserting municipal liability under 42 U.S.C. § 1983; instead, court is governed by the usual pleading requirements of Rule 8(a)); Swann v. Southern Health Partners, Inc., 388 F.2d 837, 838 (11th Cir. 2004) (determining thatLeatherman overturned prior Eleventh Circuit decisions requiring a heightened pleading standard in § 1983 actions against municipal entities that cannot raise the defense of qualified immunity). As observed in Leatherman, until Rule 8 is amended, "federal courts and litigants must rely on summary judgment and control of discovery to weed out unmeritorious claims sooner rather than later." 507 U.S. at 168-169, 113 S.Ct. at 1163. Defendant Judd shall file his answer and defenses to counts II, VIII, and XIV within ten (10) days of this order.
See Monell v. New York City Dep't of Social Serv., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
DONE AND ORDERED at Tampa, Florida.