Opinion

Eric Goldstein v. City of Sunrise

  • 143 F. App'x 295
Court
Court of Appeals for the Eleventh Circuit
Filed
Sep 13, 2005
Status
Unpublished
On the bench
Anderson, Dubina, Carnes
Cited by
0 cases
Authority
More cited than 5.5%

The opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 13, 2005

No. 04-16212 THOMAS K. KAHN

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 03-62291-CV-JEM

ERIC GOLDSTEIN,

Plaintiff-Appellee,

versus

CITY OF SUNRISE, a municipal corporation,

ROBERT STEIN, Captain, individually,

DAVID BOYETT, Chief, individually,

Defendants,

JAMES SKELLION, Lt., individually,

Defendant-Counter-

Claimant-Appellant,

versus

F. SCOTT FISTEL,

Third-Party-Defendant-

Counter-Defendant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(September 13, 2005)

Before ANDERSON, DUBINA and CARNES, Circuit Judges.

PER CURIAM:

This is Lt. James Skellion’s appeal from the district court’s omnibus order

holding that he is not entitled to qualified immunity and, consistent with that

holding, denying Skellion’s motion to dismiss and his motion for summary

judgment. Skellion’s only argument on appeal is that a Title VII violation cannot

provide the sole basis for the 42 U.S.C. § 1983 claim that Eric Goldstein asserts

against him in count III in his amended complaint. See Arrington v. Cobb County,

139 F.3d 865, 872 (11th Cir. 1998) (“Of course, an allegation of a Title VII

violation cannot provide the sole basis for a § 1983 claim. [A] plaintiff cannot

bootstrap an untimely Title VII claim by bringing a § 1983 action based only on a

statutory violation of Title VII.”) (internal citations omitted). Skellion misreads

the amended complaint. Count III of the amended complaint alleges that Skellion,

among others, “clearly violated established statutory or constitutional rights”

(emphasis added) of Goldstein. Accordingly, the premise of Skellion’s appeal is

mistaken.

2

AFFIRMED.

3

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