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Florida Construction Law News

29DEC 2015

CSK Successfully Defends Design and Consulting Services Firm against Civil Rights Claim

by David S. Harrigan, Esq.

Keith Lambdin and Dean Meyers successfully obtained an order granting a motion to dismiss, with prejudice, in federal court on behalf of a design professional and consulting services client.

Our client was hired by a municipality located in Broward County, Florida to perform inspection and code enforcement activities throughout the municipality. In the course of performing its contractual duties, our client’s employees cited the Plaintiff with several violations of the municipality’s code. The Plaintiff filed suit against the municipality and our client in the United States District Court for the Southern District of Florida, claiming that the code violation enforcement activity was retaliatory in nature in violation of the Plaintiff’s civil rights under 42 U.S.C. §1983.  Keith and Dean filed a motion to dismiss in response to the Plaintiff’s complaint. Upon review of the motion to dismiss, the District Court ordered a full dismissal with prejudice of all counts against our client and the municipality. In addition, Keith and Dean successfully secured an award of attorney’s fees and costs to our client pursuant to 42 U.S.C. §1988 and Local Rule 7.3(a).

 

Posted By David S. Harrigan, Esq.

David S. Harrigan is a Partner in CSK’s Construction Group and practices in the Orlando office. Mr. Harrigan is a Board Certified Specialist in Construction Law. He concentrates his practice primarily on construction litigation matters, including construction defect and contract claims, on behalf of architects, engineers, developers, contractors, and subcontractors, professional liability claims and general business disputes on behalf of design professionals, and premises liability claims on behalf of property owners.