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06-544 - Davis v. Phenix City, Alabama et al


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06-544 - Davis v. Phenix City, Alabama et al
August 16, 2006
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MEMORANDUM OPINION AND ORDER that the 7 MOTION to Dismiss is denied. The denial, however, is without prejudice to the defendants again raising, in a motion for summary judgment or at trial, any arguments which may be appropriately raised in the context of facts as developed by the parties. The defendants are directed to file answers to the complaint by 8/28/06. Signed by Judge W. Harold Albritton III on 8/16/06. (sl, )
June 27, 2007
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MEMORANDUM OPINION AND ORDER directing as follows: 1) The Dfts' 31 Motion for Summary Judgment is GRANTED as to Davis's state law claim in Count III of the Complaint, and judgment is entered in favor of Phenix City, Alabama; Jeffrey Hardin; H.H. Roberts; and Wallace Hunter and against David Davis on that claim; 2) The Dfts' 31 Motion for Summary Judgment is DENIED as to Davis's free speech claim in Count I of the Complaint, and as to his free association claim in Count II only to the extent that it is based on his speech to Dft Hardin, and GRANTED as to any claim in Count II based on speech preceding that; 3) The Plf's 29 Motion for Partial Summary Judgment is DENIED; The case will proceed on the Plf's claim in Count I for retaliation in violation of his First Amendment free speech rights, and on the Plf's claim in Count II for violation of his First Amendment association rights against Phenix City, Alabama and against Jeffrey Hardin, H.H. Roberts, and Wallace Hunter in their individual and official capacities. Signed by Judge W. Harold Albritton III on 6/27/2007. (Attachments: # (1) civil appeals checklist)(wcl, )
February 12, 2008
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MEMORANDUM OPINION AND ORDER directing as follows: 1) The Dfts' 89 Renewed Motion for Summary Judgment is DENIED as to Davis's prior restraint on freedom of speech claim against the City and Dfts H.H. Roberts and Wallace Hunter in their official capacities, in Count IV of the Amended Complaint; 2) The Dfts' 89 Renewed Motion for Summary Judgment is GRANTED as to the individual capacity claims against the individual Dfts in Counts I and II of the Amended Complaint, and as to all Dfts on the free association claim in Count IV of the Amended Complaint. Judgment is entered against the Plf and in favor of H.H. Roberts and Wallace Hunter in their individual capacities on Counts I and II of the Amended Complaint, and also in favor of all Dfts on the free association claim in Count IV of the Complaint; 3) The Plf's 88 Motion for Partial Summary Judgment is DENIED. This case will proceed on Plf David Davis's claims against Phenix City, Alabama, and H.H. Roberts and Wallace Hunter in their official capacities only, in Count I of the Amended Complaint for retaliation in violation of his first amendment free speech rights, Count II for violation of first amendment free association rights, and Count IV for injunctive relief, based on prior restraints of speech. Signed by Judge W. Harold Albritton III on 2/12/2008. (Attachments: # (1) civil appeals checklist)(wcl, )
February 28, 2008
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ORDERED that the 130 Objections re Exhibits 29-35 are SUSTAINED; ORDERED that that 130 Objections re Exhibits 36-50 are SUSTAINED. As to Count 2, the Plf's objections are GRANTED, as further set out in order; ORDERED that the 130 Objections re Exhibits 51-53 are SUSTAINED, subject to the documents being offered at any such time as they may become relevant to a disputed issue. Signed by Judge W. Harold Albritton III on 2/28/2008. (wcl, )