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15-122 - Sanders v. Boutwell et al (JOINT ASSIGN)(MAG2)


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15-122 - Sanders v. Boutwell et al (JOINT ASSIGN)(MAG2)
February 16, 2016
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REPORT AND RECOMMENDATION of the Magistrate Judge that Defendant City's 11 motion to dismiss is due to be GRANTED IN PART and DENIED IN PART. The motion to dismiss is due to be GRANTED as to the Plaintiff's claims against unnamed, fictitious parties; Plaintiff's claims for punitive damages and wantonness against the City; Plaintiff's claims against Boutwell in his official capacity; Plaintiff's claims against the City in Counts I-IV and VI; and Plaintiff's claims against the City for negligent supervision, training, and evaluation. The City's motion to dismiss is due to be DENIED as to Plaintiff's state law negligence claims against the City based on the doctrine of respondent superior. It is the further RECOMMENDATION of the Magistrate Judge that Defendant Board's 16 motion to dismiss is due to be GRANTED IN PART and DENIED IN PART. The motion to dismiss is due to be GRANTED as to Plaintiff's claims against the Board in Counts I-V. The Boards motion to dismiss is due to be DENIED as to Plaintiffs state law claims for punitive damages or damages in excess of $100,000.00. Objections to R&R due by 3/1/2016. Signed by Honorable Judge Paul W. Greene on 2/16/2016. (kh, )
March 22, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/22/2016. (kh, )
March 22, 2016
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant City of Ozark, Alabama's 41 objections are overruled. (2) The United States Magistrate Judge's 39 recommendation is adopted. (3) Defendant City of Ozark, Alabama's 11 motion to dismiss is granted in part and denied in part, as follows: (a) The motion to dismiss is granted with prejudice as to the plaintiff's claims against unnamed, fictitious parties; plaintiff's claims for punitive damages and wantonness against defendant City of Ozark; and plaintiff's claims against defendant Gregory Boutwell in his official capacity. (b) The motion to dismiss is granted without prejudice as to plaintiff's claims against defendant City of Ozark in Counts I-IV and as to his claims against defendant City of Ozark for negligent supervision, training, and evaluation. (c) The motion to dismiss is denied as to plaintiff's state-law negligence claims against the defendant City of Ozark based on the doctrine of respondeat superior. (4) Defendant Ozark-Dale County E-911 Board, Inc.'s16 motion to dismiss is granted in part and denied in part, as follows: (a) The motion to dismiss is granted without prejudice as to plaintiff's claims against defendant Ozark-Dale County E-911 Board in Counts I-V. (b) The motion to dismiss is denied as to plaintiff's state-law claims against defendant Ozark-Dale County E-911 Board for punitive damages or damages in excess of $ 100,000.00. No parties are dismissed or terminated. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/22/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )
April 17, 2017
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udge Myron H. Thompson on 4/17/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )AMENDED JUDGMENT: it is ORDERED that the 43 Judgment entered on 3/22/2016, is revised to the extent that subparagraphs (a) and (b) of paragraph 3 are replaced with the following language: (a) The motion to dismiss is granted with prejudice only as to plf's claims against unnamed, fictitious parties, and plf's claims under Alabama law for punitive damages and wantonness against dft City of Ozark; (b) The motion to dismiss is granted without prejudice, and with leave to amend, as to plf's Fourteenth Amendment claims against dft Gregory Boutwell; plf's claims against dft City of Ozark in Counts I-IV; and plf's claims against dft City of Ozark for negligent supervision, training, and evaluation. Signed by Honorable J