Chery v. Haines City
The Plaintiff alleged he was falsely arrested by a Haines City police officer. He sued the City in federal court, claiming the arrest violated his constitutional rights under 42 U.S.C. § 1983. To satisfy the 1983 pleading standards, Plaintiff alleged his arrest was a result of the City’s policy and custom of falsely arresting citizens. Mike Forte of Rumberger, Kirk & Caldwell filed a Motion to Dismiss, arguing Plaintiff alleged insufficient facts to support the policy or custom allegation, and that the allegation was nothing more than a conclusory and baseless label. The court agreed and dismissed the 1983 claims with prejudice.