Attorneys obtained the dismissal under FRCP 12(b)(6) of federal claims arising out of a dog bite incident
Attorneys obtained the dismissal under FRCP 12(b)(6) of federal claims arising out of a dog bite incident. Plaintiffs originally filed suit under 42 USC §1983 in 2004 for an incident that occurred in 2002. Plaintiff claimed that the police K-9 was racist. Plaintiffs claimed racial discrimination in various forms; from excessive force claims as a result of a K-9 dog bite of two children in different incidents as well as employment discrimination and First amendment violations, among four groups of plaintiffs. The court granted summary judgment as to all federal claims to the original complaint, which was subsequently upheld by the appellate court. More recently, plaintiffs filed nearly the identical suit in state court under a four year old docket number. The matter was timely removed to federal court and once again dismissed with prejudice.