[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
May 27, 2008
No. 07-14757
THOMAS K. KAHN
CLERK
D. C. Docket No. 99-00799 CV-CG-M
MICHAEL R. PARDUE,
Plaintiff-Appellant,
versus
MOBILE COUNTY, AL,
SARALAND, CITY OF, et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Alabama
(May 27, 2008)
Before DUBINA and BARKETT, Circuit Judges, and SCHLESINGER,* District
Judge.
__________________________
*Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of
Florida, sitting by designation.
PER CURIAM:
Appellant, Michael Pardue, appeals the district court’s order dismissing his
42 U.S.C. § 1983 and pendent state law claims against Mobile County, Baldwin
County, the City of Saraland, and various individual defendants employed by
those governmental entities. Pardue also challenges an earlier district court order
which dismissed several defendants based on absolute prosecutorial immunity.
After reviewing the record, reading the parties’ briefs, and having the benefit of
oral argument, we vacate the district court’s orders and remand this case for
further proceedings consistent with this opinion.
First, concerning the statute of limitations argument, we agree with Judge
Vollmer’s original ruling that Pardue could not have filed his § 1983 claims before
the charges were nolle prossed. Moreover, because we believe that the allegations
contained in the complaint against the prosecutors should more appropriately be
determined on a motion for summary judgment, we vacate the district court’s
orders and remand this case.1
VACATED and REMANDED.
1
We also vacate the district court’s dismissal of the pendent claims.
2