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17-044 - Conley v. Frye et al


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17-044 - Conley v. Frye et al
February 7, 2018
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MEMORANDUM OPINION & ORDER, IT IS HEREBY ORDERED that Defendant's Tim Wilson, Individually and in his Official Capacity as Chief of Police of Russell Police Dept and Shane Elkins Individually and in his Official Capacity as an Officer of the Russell Police Dept Motion to Dismiss 9 be SUSTAINED as it pertains to Tim Wilson and the Count II of the Amended Complaint and OVERRULED as to the claims alleged against Shane Elkins in Counts I, III and IV of the Amended Complaint; IT IS FURHTER ORDERED that all claims against Tim Wilson DISMISSED WITH PREJUDICE; This is an INTERLOCUTORY and NON-APPEALABLE ORDER.. Signed by Judge Henry R. Wilhoit, Jr on 2/7/18.(SMT)cc: COR