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Sunday, September 22, 2019

Court dismisses claim McDonald's manager plotted with Miami police to have woman arrested

Federal Court

By Marian Johns | Aug 26, 2019


MIAMI — A federal judge has dismissed a pro se suit filed by a woman who alleged her McDonald's manager plotted with city of Miami police officers to have her assaulted and falsely arrested. 

According to the Aug. 7 U.S. District Court for the Southern District of Florida ruling, McDonald's and others filed a motion to dismiss a complaint filed by plaintiff Adacia Howard Douglas. 

Representing herself, Douglas filed suit against McDonald's in May, alleging a McDonald's manager set her up by taking her property and then calling the police. When the Miami police officers showed up to arrest Douglas, she says they used "violent force" and slammed her head to the ground. Douglas also argued the arrest was fraudulent and part of a conspiracy among the manager and three Miami police officers. 

McDonald's argued that in Douglas' case, diversity jurisdiction does not exist. McDonald's also stated that Douglas' claims were "vague and conclusory" and lacks "supporting facts" as they pointed out that in her complaint, Douglas left out the identity of the McDonald's employees involved in the alleged "conspiracy" to have her arrested as well as the specific property that was stolen.

U.S. District Judge Beth Bloom disagreed with McDonald's argument relating to the court's "jurisdictional basis" and that although Douglas incorrectly cited U.S. Code on diversity of citizenship, the court applies more liberal standards when construing pro se pleadings. Bloom, however, did agree that Douglas' complaint lacked "sufficient factual support" and dismissed the case without prejudice and giving Douglas time to file an amended complaint. 

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