[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
FEBRUARY 20, 2008
THOMAS K. KAHN
No. 06-15394
CLERK
________________________
D.C. Docket No. 04-80738-CV-WPD
WHITE LION VAN LINES, INC.,
a Florida corporation,
GREG FISCHER,
Plaintiffs–Appellants,
versus
PALM BEACH COUNTY, FLORIDA, a charter
county and political subdivision of the
State of Florida,
PALM BEACH COUNTY BOARD OF COMMISSIONERS,
the governing body of the county,
et al.,
Defendants–Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(February 20, 2008)
Before ANDERSON and BARKETT, Circuit Judges, and TRAGER,* District
Judge.
PER CURIAM:
The plaintiffs, White Lion Van Lines, Inc. and Greg Fischer, sued Palm
Beach County, Florida and Dennis Moore under 42 U.S.C. § 1983, claiming that
the County and Moore unconstitutionally deprived them of due process and equal
protection in their implementation of Palm Beach County Moving Ordinance No.
2000-010. The plaintiffs’ theory of the case was that the Division of Consumer
Affairs of Palm Beach County (“DCA”) and its director, Moore, treated complaints
made against White Lion differently, and less favorably, than those made against
moving companies on the DCA’s Moving Task Force, and that the DCA and
Moore otherwise unconstitutionally implemented the Ordinance.
A jury found Moore not liable but found that the County had violated the
due process and equal protection rights of White Lion and Fischer. The district
court subsequently granted the County’s renewed motion for judgment
notwithstanding the verdict, concluding that the evidence presented at trial did not
support imposition of municipal liability upon the County. White Lion and Fischer
appeal from that judgment. We affirm because no evidence in the record supports
*
Honorable David G. Trager, United States District Judge for the Eastern District of New York,
sitting by designation.
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the conclusion that the County Commissioners were aware of or ratified any
custom or policy that violated the equal protection or due process rights of the
plaintiffs.
AFFIRMED.
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