[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-12072 ELEVENTH CIRCUIT
________________________ MARCH 15, 2011
JOHN LEY
CLERK
D.C. Docket No. 1:09-cv-23128-ASG
PRESTIGE RESTAURANTS AND ENTERTAINMENT, INC.,
a Florida corporation,
lllllllllllllllllllll Plaintiff - Appellant,
versus
BAYSIDE SEAFOOD RESTURANT, INC.,
BLUE GREEN BAY CORPORATION,
Florida corporations,
ARMANDO LACASA,
CARLOS LACASA,
individually,
MIAMI POLICE OFFICER,
Marta Carbana, badge #6157, in her individual and
official capacities, et al.,
lllllllllllllllllllll Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(March 15, 2011)
Before TJOFLAT and BARKETT, Circuit Judges, and STEELE,* District Judge.
PER CURIAM:
Prestige Restaurants and Entertainment, Inc. appeals the dismissal of its 42
U.S.C. § 1983 claims against defendants Blue Green Bay Corporation (“BGB”),
Armando Lacasa and Carlos Lacasa, the City of Miami, Miami Police Sergeant
Martha Carbana, and Miami Police Commander Lorenzo Whitehead alleging that
the defendants unreasonable seized its property, and the dismissal of its § 1981
and § 1982 claims against BGB and the Lacasas alleging that they unlawfully
discriminated against Prestige on the basis of the race of its clientele.
We review de novo the district court's grant of the defendants’ motion to
dismiss under Rule 12(b)(6) for failure to state a claim, accepting the allegations
in the complaint as true and construing them in the light most favorable to the
plaintiff. Mills v. Foremost Ins. Co., 511 F.3d 1300, 1303 (11th Cir. 2008). After
careful review of the record and the parties’ briefs, and having had the benefit of
oral argument, we find no reversible error in the district court’s order dismissing
the Amended Complaint.
AFFIRMED.
*
Honorable John E. Steele, United States District Judge for the Middle District of
Florida, sitting by designation.
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