| 2013-06-25 |
15 |
0 |
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MEMORANDUM OPINION AND ORDER that Defendants' Motion to Dismiss 8 is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants' Motion to Dismiss Mims's ยง 1983 claim against the State of Alabama for negligent hiring, retent ion, and failure to supervise and train its officers as asserted in Count B of the Complaint is GRANTED, and this claim is DISMISSED WITH PREJUDICE; 2. Defendants' Motion to Dismiss any claims against Bogan in his official capacity, including Mi ms's state law battery claim (Count C), is GRANTED, and any official capacity claims against Bogan are DISMISSED WITH PREJUDICE; 3. Defendants' Motion to Dismiss any claim for injunctive relief against Bogan is GRANTED, and that claim is DISMISSED WITH PREJUDICE; 4. Defendants' Motion to Dismiss Mims's excessive force claim5 as alleged in Count A of the Complaint is DENIED; 5. Defendant Bogan shall file an answer to the Complaint on or before July 16, 2013. Signed by Honorable Judge Mark E. Fuller on 6/25/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, ) |
2013-06-26 07:00:05 |
8875b5778592025ec8e84ab441fb216e0bb580ad |