Jazzmon Edmundson v. City of Atlanta, et al

Filing

Opinion issued by court as to Appellant Jazzmon Edmundson. 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.

Case: 17-13200

Date Filed: 04/06/2018

Page: 1 of 4

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-13200
Non-Argument Calendar
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D.C. Docket No. 1:16-cv-04639-LMM

JAZZMON EDMUNDSON,
Plaintiff-Appellant,
versus
THE CITY OF ATLANTA AS A MUNICIPALITY,
bound by & through Chief George Turner in both individual and official capacity,
OFFICER JUSTIN LOCKE,
in his official Atlanta Police capacity and personal capacity,
DEMETRIUS JONES,
in both individual and official capacity,
SGT. ROBERT DANIELS,
in both individual and official capacity as an Atlanta Police Officer,
SGT. ANDREW CERUL,
in his individual and official capacity as an Atlanta Police Officer, et al.,
Defendants-Appellees,
CHIEF ERIKA SHIELDS,
in her official capacity and personal capacity,
Defendant.

Case: 17-13200

Date Filed: 04/06/2018

Page: 2 of 4

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Appeal from the United States District Court
for the Northern District of Georgia
________________________
(April 6, 2018)
Before TJOFLAT, JULIE CARNES and HULL, Circuit Judges.
PER CURIAM:
Jazzmon Edmundson appeals the District Court’s dismissal of her complaint,
filed pursuant to 42 U.S.C. § 1983, alleging constitutional and state law violations
related to her termination from the police force. On appeal, she argues that the
District Court erred in dismissing her complaint for failure to state a claim upon
which relief could be granted, because the complaint was well pled and contained
sufficient allegations to state a plausible entitlement for relief.
We review de novo a district court’s order granting a motion to dismiss for
failure to state a claim, accepting all allegations in the complaint as true and
construing them in the light most favorable to the plaintiff. Hunt v. Aimco Props.,
L.P., 814 F.3d 1213, 1221 (11th Cir. 2016). In order to survive a motion to
dismiss, the complaint must plead enough facts to state a claim for relief that is
plausible on its face. Id. A claim is facially plausible when the plaintiff pleads
factual content that allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged. Id.

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Case: 17-13200

Date Filed: 04/06/2018

Page: 3 of 4

An appellant abandons a claim when she either makes only passing
references to it or raises it in a perfunctory manner without supporting arguments
and authority. Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681 (11th Cir.
2014). Specifically, a passing reference to the claim made in the “summary of the
argument” section of the opening brief or references “buried” within the
appellant’s main arguments can constitute abandonment. Id. at 681–82; see also
Denney v. City of Albany, 247 F.3d 1172, 1182 (11th Cir. 2001) (deeming issue
abandoned where plaintiffs made single reference to the issue in their brief, did not
discuss the district court’s analysis of the issue, and did not make any legal or
factual argument as to why district court’s decision was in error).
Here, the substantive argument section of Edmundson’s brief is
approximately two pages long and makes only the general assertion that her
complaint was well plead and contained sufficient factual allegations. Edmundson
does not address her specific causes of action, nor does she attempt to argue that
her complaint alleged sufficient facts to establish the necessary elements of each.
Though she makes some references to her Fourteenth Amendment and state law
claims in the “Statement of Issues” and “Summary of Argument” sections of her
brief, she does not dispute any of the specific conclusions the District Court
reached regarding why any of her claims were deficient. Accordingly, because
Edmundson made only passing references to some claims and did not mention
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Case: 17-13200

Date Filed: 04/06/2018

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others at all, and did not develop any specific substantive legal arguments
regarding her assertion that her complaint was sufficient, we conclude that she
waived all of her claims of error on appeal. We affirm the District Court’s
dismissal of her complaint.
AFFIRMED.

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