"The review of an order granting a motion to dismiss is confined to the four corners of the complaint."
How later courts described this case
- "The review of an order granting a motion to dismiss is confined to the four corners of the complaint."
Written by the judges who cited it.
The opinion
POLSTON, J.,
concurring in part and dissenting in part.
Petitioner’s suit arises from alleged injuries received from other inmates housed in the same dormitory, who Petitioner believed were considered as high risk because of their aggressive and violent tendencies. His state law claims alleging negligent housing assignment and emotional distress relate to the conditions of his confinement and are, therefore, subject *32 to the one-year statute of limitation in section 95.11(5)(g), Florida Statutes. However, his allegations of personnel intentionally failing to act during the altercation in violation of the constitution relate to his federal law claims. I agree with the majority that Petitioner’s federal law claims should not have been dismissed.
CANADY, J., concurs.