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Infante v. City of Neb.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
Sep 3, 2015
CASE NO. 4:15CV3047 (D. Neb. Sep. 3, 2015)

Summary

dismissing section 1983 claims because plaintiff's "allegations fail to provide grounds for relief, beyond mere speculation."

Summary of this case from Jaso v. Schlemat

Opinion

CASE NO. 4:15CV3047

09-03-2015

ALMA ROSA INFANTE, Plaintiff, v. THE CITY OF HASTINGS, NEBRASKA; ADAMS COUNTY, NEBRASKA; THE STATE OF NEBRASKA; and JOHN AND JANE DOES 1-10, Defendants.


JUDGMENT

For the reasons stated in the Court's Memorandum and Order of this date,

IT IS ORDERED:

1. The Motions to Dismiss submitted by Defendant Adams County, Nebraska (Filing No. 21), Defendant City of Hastings, Nebraska (Filing No. 23), and Defendant State of Nebraska (Filing No. 25), are granted;

2. Plaintiff Alma Rosa Infante's Amended Complaint is dismissed with prejudice with respect to her claim against the State of Nebraska pursuant to 42 U.S.C. § 1983, and is otherwise dismissed without prejudice; and

3. The parties will bear their own costs and attorney fees.

DATED this 3rd day of September, 2015.

BY THE COURT:

s/Laurie Smith Camp

Chief United States District Judge


Summaries of

Infante v. City of Neb.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
Sep 3, 2015
CASE NO. 4:15CV3047 (D. Neb. Sep. 3, 2015)

dismissing section 1983 claims because plaintiff's "allegations fail to provide grounds for relief, beyond mere speculation."

Summary of this case from Jaso v. Schlemat

In Infante, the Court dismissed the § 1983 claim against the State with prejudice because "[n]either a state nor its employees acting in their official capacities are 'persons' under 42 U.S.C. § 1983."

Summary of this case from Perez v. City of Hastings
Case details for

Infante v. City of Neb.

Case Details

Full title:ALMA ROSA INFANTE, Plaintiff, v. THE CITY OF HASTINGS, NEBRASKA; ADAMS…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Date published: Sep 3, 2015

Citations

CASE NO. 4:15CV3047 (D. Neb. Sep. 3, 2015)

Citing Cases

Perez v. City of Hastings

The Court recently examined very similar § 1983 claims brought by Infante based on, as the plaintiffs put it,…

Jaso v. Schlemat

To avoid dismissal, a complaint's factual allegations must be "sufficient to 'raise a right to relief above…