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SWANN v. SOUTHERN HEALTH PARTNERS, INC.

No. 03-14387.

388 F.3d 834 (2004)

Terry Lee Passmore SWANN, as Administrator of the Estate of Merri Elizabeth Passmore, Plaintiff-Appellant, v. SOUTHERN HEALTH PARTNERS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 21, 2004.

Attorney(s) appearing for the Case

Kevin Wade Jent, C. Michael Quinn, Wiggins, Childs, Quinn & Pantazis, Birmingham, AL, for Plaintiff-Appellant.

Scott William Faulkner, George W. Royer, Jr., Lanier, Ford, Shaver & Payne, P.C., Huntsville, AL, for Defendant-Appellee.

Before BIRCH, BARKETT and COX, Circuit Judges.

COX, Circuit Judge:

The Plaintiff, Terry Lee Passmore Swann ("Swann"), executor of the estate of Merri Elizabeth Passmore, appeals the district court's judgment for the Defendant, Southern Health Partners, Inc. ("SHP"). The court granted the Defendant's motion to dismiss the Plaintiff's second amended complaint for failure to satisfy the heightened pleading standard applicable to claims brought under 42 U.S.C. § 1983 (1988). Because we conclude that the heightened...

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