Opinion
No. 10-12072.
March 15, 2011.
Juan Jose Rodriguez, Nicole L. Loubriel, Carey Rodriguez Greenberg Paul, LLP, Miami, FL, for Plaintiff-Appellant.
Robert Elgidely, Genovese, Joblove Battista, Fort Lauderdale, FL, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 1:09-cv-23128-ASG.
Prestige Restaurants and Entertainment, Inc. appeals the dismissal of its 42 U.S.C. § 1983 claims against defendants Blue Green Bay Corporation ("BGB"), Armando Lacasa and Carlos Lacasa, the City of Miami, Miami Police Sergeant Martha Carbana, and Miami Police Commander Lorenzo Whitehead alleging that the defendants unreasonable seized its property, and the dismissal of its § 1981 and § 1982 claims against BGB and the Lacasas alleging that they unlawfully discriminated against Prestige on the basis of the race of its clientele.
We review de novo the district court's grant of the defendants' motion to dismiss under Rule 12(b)(6) for failure to state a claim, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Mills v. Foremost Ins. Co., 511 F.3d 1300, 1303 (11th Cir. 2008). After careful review of the record and the parties' briefs, and having had the benefit of oral argument, we find no reversible error in the district court's order dismissing the Amended Complaint.