United States District Court, M.D. Florida, Tampa Division
ARNOLD SANSONE, UNITED STATES MAGISTRATE JUDGE.
city of New Port Richey (the City) moves to dismiss Ronald
Howarth's fourth amended complaint. (Doc. 23). Ronald
Howarth opposes the City's motion. (Doc. 25). Because Mr.
Howarth properly alleges he provided adequate notice under
Florida Statute and his fourth amended complaint alleges
plausible claims for relief under federal and state law, the
City's motion to dismiss is DENIED.
Howarth is a resident of Pasco County, Florida. (Doc. 21,
¶2). He owns many houses and mobiles homes, which he
leases to residential tenants. (Id. at ¶5). Mr.
Howarth alleges various officials and agencies of the City
have had a custom or policy of harassing him for several
years. (Id. at ¶5). According to Mr. Howarth,
this policy manifested itself in these examples:
(1) the City demolished one of Mr. Howarth's rental
(2) the City wrongfully ordered Mr. Howarth to remove one of
his mobile home trailer frames and prevented him from making
repairs under threat of arrest;
(3) the City prevented Mr. Howarth from making repairs to a
separate mobile home under threat of arrest for trespass;
(4) the City arrested Mr. Howarth for burglary after he
entered one of his vacant rental properties;
(5) the City submitted an inaccurate police report to the
Pasco County State Attorney's Office leading to Mr.
Howarth's arrest and incarceration for violating an
(6) the City advised another citizen to use deadly force
against Mr. Howarth;
(7) the City advised Mr. Howarth's tenants not to pay him
(8) the City failed to follow up on fingerprint evidence
submitted by Mr. Howarth about a burglary on his property;
(9) the City ignored reported elder abuse and hate crimes
perpetrated against Mr. Howarth;
(10) the City failed to investigate evidence submitted by Mr.
Howarth pertaining to arsons within their community; and
(11) the City issued a violation to a contractor for
repairing one of Mr. Howarth's mobile homes.
(Id. at ¶6 (A)-(L)).
latest complaint, Mr. Howarth pleads a claim for false arrest
and violation of his Fourth Amendment rights when the City
arrested him for burglary of an occupied dwelling on January
9, 2014. (Id. at ¶8). This dwelling (a rental
unit), was owned by Mr. Howarth when he allegedly burglarized
it. (Id. at ¶7). The dwelling was not rented.
(Id. at ¶9). To secure his release, Mr. Howarth
posted a $10, 000 bond. (Id. at ¶11). The state
attorney later filed a “No Information” on the
case. (Id. at ¶12). Mr. ...