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McGROARTY v. SWEARINGEN

No. 19-10537.

977 F.3d 1302 (2020)

Michael L. McGROARTY, Plaintiff-Appellant, v. Richard L. SWEARINGEN, In his Official Capacity as Commissioner of Florida Department of Law Enforcement, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 20, 2020.

Attorney(s) appearing for the Case

Ann Marie Fitz , Law Office of Ann Fitz, West Palm Beach, FL, for Plaintiff-Appellant.

Amit Agarwal , Miguel A. Olivella, Jr. , Office of the Attorney General, Tallahassee, FL, Christopher John Baum , Deputy Solicitor General, Attorney General's Office, MIAMI, FL, for Defendant-Appellee.

Before WILSON and BRANCH, Circuit Judges, and RESTANI, Judge.

Michael McGroarty appeals the grant of Richard Swearingen's motion to dismiss McGroarty's 42 U.S.C. § 1983 claims against Swearingen alleging a violation of McGroarty's substantive due process rights. McGroarty asserted in his complaint that Swearingen, in his official capacity as the Commissioner of the Florida Department...

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