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BRAYSHAW v. CITY OF TALLAHASSEE, FLA.

Case No. 4:09-cv-373/RS-WCS.

709 F.Supp.2d 1244 (2010)

Robert BRAYSHAW, Plaintiff, v. CITY OF TALLAHASSEE, FLORIDA and William Meggs, in his official capacity as State Attorney, Second Judicial Circuit, State of Florida, Defendants.

United States District Court, N.D. Florida.

April 30, 2010.

Attorney(s) appearing for the Case

Anne Lisa Swerlick, Florida Legal Services Inc., Tallahassee, FL, James Kellogg Green, James K. Green PA, West Palm Beach, FL, Randall C. Marshall, ACLU of Florida, Miami, FL, for Plaintiff.

Billy Jack Hendrix, George Lee Waas, City Attorneys Office, Tallahassee, FL, for Defendants.

ORDER

RICHARD SMOAK, District Judge.

Before me are Defendant Megg's motion to dismiss (Doc. 34) and Plaintiff's response (Doc. 42). In the Order dated April 19, 2010, (Doc. 56) the parties were directed to show cause why these motions should not be construed as motions for summary judgment pursuant to Fed. R.Civ.P. 12(d). Defendant Meggs and Plaintiff have stipulated that I should construe their motions as cross motions for summary judgment, and that...

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