Marie Henry v. City of Mt. Dora, et al


Opinion issued by court as to Appellant Marie Henry. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link[Edited 05/31/2017 by JRP]

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Case: 15-11351 Date Filed: 05/31/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-11351 ________________________ D.C. Docket No. 5:13-cv-00528-JSM-PRL MARIE HENRY, as guardian, parent, next of kin, and for and on behalf of M.E. Henry-Robinson, a minor, Plaintiff - Appellant, versus CITY OF MT. DORA, a municipal corporation and political subdivision of the State of Florida, BRETT LIVINGSTON, individually and in his official capacity, L. SEVERANCE, individually and in her official capacity, Defendants - Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (May 31, 2017) Case: 15-11351 Date Filed: 05/31/2017 Page: 2 of 2 Before HULL, JULIE CARNES, and BARKSDALE, * Circuit Judges. PER CURIAM: Plaintiff Marie Henry sued the City of Mt. Dora and police officers Brett Livingston and L. Severance on behalf of her minor daughter pursuant to 42 U.S.C. § 1983. Among other things, plaintiff alleged that these officers had arrested her minor daughter without probable cause in violation of the latter’s constitutional rights. The officers moved to dismiss these false arrest claims, and the district court granted the motion. Plaintiff has appealed the district court’s judgment dismissing these false arrest claims. Having heard oral argument and carefully reviewed the record, we find no reversible error in the district court’s order dismissing plaintiff’s § 1983 false arrest claims against the above officers. We therefore AFFIRM the district court’s order of dismissal. * Honorable Rhesa H. Barksdale, United States Circuit Judge for the Fifth Circuit, sitting by designation. 2

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