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08-394 - Lyon v. Ashurst et al


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08-394 - Lyon v. Ashurst et al
August 13, 2008
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MEMORANDUM OPINION AND ORDER directing that: 1) The Dfts' 9 Motion to Dismiss is GRANTED, as to Plf's conceded claims, as further set out in order. The aforementioned claims are DISMISSED with prejudice; 2) The Dfts' 9 Motion to Dismiss is GRANTED with respect to Plf's claim of violation of a federal consent decree (Count I). Plf's claim is DISMISSED without prejudice, but also without leave to amend; 3) The Dfts' 9 Motion to Dismiss is GRANTED with respect to the Plf's federal claims under 42 USC 1983 violation of her First Amendment rights (Count II), and those claims are hereby DISMISSED with prejudice; 4) The Dfts' 9 Motion to Dismiss is GRANTED with respect to the Plf's 42 USC 1985 claim (Count I), and that claim is DISMISSED without prejudice, with leave to amend; 5) The Plf's state law claim of defamation (Count III) is hereby DISMISSED with prejudice; 6) The Plf's state law claim of outrageous conduct (Count IV) is DISMISSED without prejudice, with leave to amend; 7) The Plf is given until 8/22/2008 to amend her complaint, as further set out in order; Amended Pleadings due by 8/22/2008. Signed by Honorable W. Harold Albritton, III on 8/13/2008. (Attachments: # (1) Civil Appeals Checklist)(wcl, )
September 12, 2008
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ORDER denying 20 Motion to amend or Vacate 20 order, as further set out in order. Signed by Honorable W. Harold Albritton, III on 9/12/08. (Attachments: # (1) civil appeals checklist) (djy, )
October 30, 2008
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MEMORANDUM OPINION AND ORDER, 1) granting 22 MOTION to Dismiss Amended Complaint filed by John Thomas Hall, D. Joe McInnes, William Robert Ashurst, Randall A. Estes with respect to the Plaintiff's 42 USC 1985(2) and (3)claims (Count I), and those claims are dismissed with prejudice as to all defendants; 2) The state law claim of outrageous conduct is dismissed without prejudice. Signed by Honorable W. Harold Albritton, III on 10/30/08. (Attachments: # (1) appeals checklist)(vma, )