Porter v. Thigpen

1 Citing case

  1. Taveras v. Fla. Dep't of Transp.

    22-CV-23745-SCOLA/GOODMAN (S.D. Fla. Apr. 15, 2024)

    Nonetheless, Plaintiff's claim for injunctive relief (Count IV) is due to be dismissed because it is premised on a section 1983 violation and, for the reasons discussed above, Plaintiff has failed to state a section 1983 claim against any Defendant. See Porter v. Sgt. Derrell Thigpen, No. CV 622-057, 2024 WL 1243005, at *14 (S.D. Ga. Mar. 22, 2024) (on motions to dismiss, stating that “[b]ecause [the] [p]laintiffs failed to state a claim upon which relief may be granted as to all their § 1983 claims, [the] [p]laintiffs' request for declaratory and injunctive relief is denied to the extent they request such relief because [the] [d]efendants violated their rights under the federal Constitution”). Thus, the Undersigned respectfully recommends that the District Court dismiss Counts IV as to all Defendants.