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

Filing

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 http://www.ca11.uscourts.gov/opinions.--[Edited 05/31/2017 by JRP]

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[DO NOT PUBLISH]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.
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