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WOODARD v. CITY OF GULFPORT

No. 98-1455-CIV-T-17E.

54 F.Supp.2d 1305 (1999)

Thomas A. WOODARD, Jr., Plaintiff, v. CITY OF GULFPORT and G. Curt Willocks, in his individual capacity, Defendants.

United States District Court, M.D. Florida, Tampa Division.

July 1, 1999.

Attorney(s) appearing for the Case

Marcia S. Cohen, Cohen & Kyres, Craig L. Berman, Berman Law Firm, P.A., St. Petersburg, FL, for Thomas A. Woodard, Jr., plaintiff.

Charles J. Thomas, Thompson, Sizemore & Gonzalez, P.A., Tampa, FL, Timothy Patrick Driscoll, Driscoll & Prats, P.A., St. Petersburg, FL, Thomas M. Gonzalez, Charles J. Thomas, Thompson, Sizemore & Gonzalez, P.A., Tampa, FL, for City of Gulfport and G. Curt Willocks, defendants.

ORDER

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant Willocks' Motion to Dismiss and Memorandum (Dkt.11), and Plaintiff's response (Dkt.12).

I. STANDARD OF REVIEW

A district court should not dismiss a complaint for failure to state a claim unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts that would entitle the plaintiff to relief. Conley v. Gibson...

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