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06-233 - Rudd v. Geneva County Commission et al


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06-233 - Rudd v. Geneva County Commission et al
September 10, 2007
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MEMORANDUM OPINION AND ORDER that 9 MOTION to Strike is GRANTED; that the fictitious parties named in the style of the complaint are STRICKEN; that 5 MOTION to Dismiss filed by Sheriff Greg Ward is GRANTED in part and DENIED in part; that said motion is GRANTED with respect to injunctive relief and Eleventh Amendment immunity; therefore, (i) The claims for injunctive relief against Defendant Sheriff Greg Ward are DISMISSED with prejudice; (ii) The claims against Defendant Sheriff Greg Ward in his official capacity are DISMISSED with prejudice; (iii) The claims for damages against Defendant Sheriff Greg Ward in his individual capacity remain; that said motion is DENIED with respect to all other grounds; that 7 MOTION to Dismiss filed by Geneva County Commission is GRANTED in part and DENIED in part; that said motion is GRANTED with respect to the Fifth, Fourteenth, Seventeenth, and Fourth Amendments not forming the basis of a § 1983 suit and a defendant's liability cannot be based on a theory of vicarious liability; therefore,(i) To the extent the complaint alleges Violations of the Fifth, Fourteenth, Seventeenth, and Fourth Amendments, those claims are DISMISSED with prejudice; (ii) To the extent the complaint alleges liability on a theory of vicarious liability, those claims are DISMISSED with prejudice; (iii) The § 1983 claim against Defendant Geneva County Commission remains; that said motion is DENIED with respect to all other grounds; that 5 and 7 Alternative Motions for More Definite Statement filed by Defendant Sheriff Greg Ward and Defendant Geneva County Commission are DENIED; that the defendants shall file their answers on or before September 24, 2007. Signed by Judge William Keith Watkins on 9/10/2007. (Attachments: # (1) Civil Appeals Checklist)(cc, )
December 18, 2008
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MEMORANDUM OPINION AND ORDER granting 39 MOTION for Summary Judgment filed by Geneva County Commission and granting 41 MOTION for Summary Judgment filed by Gregg Ward. Signed by Honorable William Keith Watkins on 12/18/2008. (cc, )