Flaherty  |  Sensabaugh  |  Bonasso   PLLC

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District Court Grants Motion to Dismiss in RICO and Unlawful Arrest Claim Against Municipality and Officer

A federal district judge concluded that the City of Bridgeport, WV, and one of its individual officers were entitled to a dismissal of all charges, both state and federal claims, arising out of an alleged harassment and unlawful arrest of the Plaintiff.

In granting the City and its employee’s Motion to Dismiss, the United States District Judge found that the Complaint filed by the Plaintiff failed to state a cognizable cause of action against the defendants. The Court also addressed the Plaintiff’s inability to proceed in his individual capacity on behalf of various other party plaintiffs. After affording several opportunities for the Plaintiff to repair the multiple defects in his claim, the Court dismissed the Complaint based on Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The City of Summersville and its officer were represented by Flaherty attorney Timothy L. Mayo.

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