Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. She alleges a cause of action under Bivens v. Robinson therefore proceeds on a different theory of relief. Marshals-that is, neither of the Defendants are state officials. However, the critical fact of this case is that the law enforcement agents are U.S. At first blush that claim might appear to fall under § 1983. This case concerns a plaintiff alleging that two law enforcement agents violated her son's constitutional rights. This statute “entitles an injured person to money damages if a state official violates his or her constitutional rights.” Ziglar v. 544, 555 (2007).įederal courts often deal with litigation arising under 42 U.S.C. ![]() Thus, to survive a motion for judgment on the pleadings, a complaint must convey factual allegations that amount to “more than labels and conclusions” and “raise a right to relief above the speculative level ․” Bell Atl. Nor must the court accept legal conclusions cast in the form of factual allegations.” Kowal v. But “the court need not accept inferences drawn by plaintiffs if such inferences are unsupported by the facts set out in the complaint. In this determination, “we accept as true all material facts alleged in the non-moving party's pleading, and we view those facts in the light most favorable to the non-moving party.” Perez v. A court may grant “udgment on the pleadings ․ when there are no material facts in dispute and the moving party is entitled to judgment as a matter of law.” Douglas Asphalt Co. On January 23, 2023, after various briefing extensions, the motion became ripe for this Court to review.Ī party may move for judgment on the pleadings “fter the pleadings are closed-but early enough not to delay trial ․” FED. ![]() 4 Defendants argue that while qualified immunity does not shield Defendants pursuant to the Eleventh Circuit's opinion, Robinson's complaint nonetheless must be dismissed because she cannot allege a Bivens claim against Defendants. On October 26, Defendants filed a motion for judgment on the pleadings. 3Īccordingly, the Eleventh Circuit remanded this case for Robinson to pursue her Bivens claim against Heinze and Doyle (hereinafter “Defendants”) for excessive force under the Fourth Amendment. However, relating to Robinson's Bivens claims, the Eleventh Circuit found that qualified immunity was proper in all respects except for Robinson's claims based on action taken by two of the SERFTF officers (Heinze and Doyle) after the flashbang grenade detonated. The court did not disturb this Court's grant of summary judgment as to Robinson's state claims. On August 30, 2022, the Eleventh Circuit affirmed in part and reversed in part this Court's previous orders on summary judgment. On March 30, after supplemental briefing, the Court granted the SERFTF officers' motion for summary judgment related to Robinson's remaining claims under state law for battery and wrongful death. On February 24, 2021, the Court granted the SERFTF officers' motion for summary judgment related to Robinson's Bivens claim, finding that qualified immunity shielded each of the SERFTF officers from suit. ![]() Relevant here, her complaint asserted several claims against the SERFTF officers, including (1) Bivens claims for excessive force under the Fourth Amendment and conspiracy, and (2) battery and wrongful death claims under state law pursuant to the Federal Tort Claims Act (“FTCA”). This event led to the filing of this case by Robinson's mother. More gunfire occurred, and Robinson eventually succumbed to his wounds. Eventually, after back-and-forth gunfire, the SERFTF officers deployed a flashbang grenade. After SERFTF arrived to execute the warrants at Robinson's girlfriend's apartment, a gunfight ensued. Relevant here, two of the involved officers were Inspector Eric Heinze and Detective Daniel Doyle. Marshals Service, attempted to execute two outstanding arrest warrants against Jamarion Robinson. On August 5, 2016, a group of members in the Southeast Regional Fugitive Task Force (“SERFTF”), coordinated by the U.S. Doyle's supplemental motion for judgment on the pleadings, motion to stay, and renewed Daubert motions. This case comes before the Court on Defendants Eric Heinze and Pamela J. DOYLE, as Administrator of the Estate of Daniel Doyle, Defendants.
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