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15-2173 - Underwood v. Polk et al

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15-2173 - Underwood v. Polk et al
August 19, 2016
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MEMORANDUM OPINION AND ORDER - Based on the foregoing, it is ORDERED: 1. The Citys motion to dismiss the BPD, (doc. 4), is GRANTED, and all claims against the BPD are DISMISSED as against an entity not subject to suit; 2. The Citys motion to dismiss certain counts of Underwoods complaint, (doc. 5), is GRANTED IN PART and DENIED IN PART. Specifically, Count II for malicious prosecution, Count IV for abuse of process, Count VI for wantonness, and Count VII to the extent it asserts wanton hiring, training, and supervision are DISMISSED as failing to state a claim under Ala. Code ยง 11-47-190. The remaining counts remain pending. Signed by Magistrate Judge John H England, III on 8/19/2016. (KEK)