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15-960 - Williams v. Cunningham, et al


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15-960 - Williams v. Cunningham, et al
March 28, 2016
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pled and the state claims asserted against Montgomery County and the Montgomery County Commission are DISMISSED with prejudice; (3) the plf is given until 4/15/2016, to file an Amended Complaint, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 3/28/16. (Attachments: # (1) civil appeals checklist)(djy, ) Modified on 3/28/2016 to clarify text to reflect as a memorandum opinion and order (qc/djy, ).MEMORANDUM OPINION and ORDER directing as follows: (1) the 2 MOTION TO DISMISS def Sheriff Derrick Cunningham, in his official capacity as the Sheriff of Montgomery County, Alabama is GRANTED and Derrick Cunningham is DISMISSED as a def in this case on the basis of Eleventh Amendment and absolute immunity; (2) the 4 MOTION to Dismiss filed by Montgomery County and the Montgomery County Commission is GRANTED; The federal claims are DISMISSED without prejudice to being timely re-