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04-396 - D.S. et al v. County of Montgomery, State of Alabama et al


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04-396 - D.S. et al v. County of Montgomery, State of Alabama et al
November 16, 2007
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OPINION. An appropriate judgment will be entered. Signed by Judge Myron H. Thompson on 11/16/2007. (cb, )
November 16, 2007
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JUDGMENT that 67 Motion for Summary Judgment is granted in part and denied in part further set out. The clerk of the court is DIRECTED to enter thisdocument on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 11/16/2007. (Attachments: # (1) Civil Appeals Checklist)(cb, )
August 15, 2008
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ORDER. JUDGMENT, and DECREE of this court as follows: (1) The 229 final judgment of this court made and entered on November 16, 2007, is vacated to theextent that summary judgment was denied on plaintiff D.S.'s federal failure-to-protect claim against Webb, Terrell, and Andrews in their individual capacities; (2) Summary judgment is granted on plaintiff D.S.'s federal failure-to-protect claims against defendants Webb, Terrell, and Andrews in their individual capacities; (3) Summary judgment is entered in favor of defendants Webb, Terrell, and Andrews in their individual capacities on plaintiff D.S.'s federal failure-to-protect claim, with plaintiff D.S. taking nothing by hiscomplaint as to this claim; (4) The 229 final judgment made and entered herein on November 16, 2007 is continued in full force and effect to the extent summary judgment was denied on plaintiff D.S.'s state failure-to-protect claim against defendants Webb, Terrell, and Andrews in their individual capacities and against defendant Montgomery County except as to punitive damages. This claim willproceed to trial except as to punitive damages against defendant Montgomery County; (5) The 245 stay entered on 12/11/07 is dissolved; (6) This case is reopened; and (7)The jury selection and trial of plaintiff D.S.'s state failure-to-protect claim against defendants Webb, Terrell, and Andrews in their individual capacities and against defendant Montgomery County except as to punitive damages are set for 12/1/2008, at 10:00 a.m. at in Courtroom 2FMJ before Honorable Myron H. Thompson. Signed by Honorable Myron H. Thompson on 8/15/2008. (cb, )