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15-832 - Johnson et al v. City of Ferguson et al


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15-832 - Johnson et al v. City of Ferguson et al
March 15, 2016
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the joint motion (Doc. No. 4) of Defendants City of Ferguson, Missouri, Police Chief Thomas Jackson, and Officer Darren Wilson (Doc. No. 4) to dismiss Plaintiff Dorian Jacksons complaint is DENIED in part and GRANTED in part, as follows: The motion is denied with respect to Counts I, II, and III of the complaint, except that the claims against Defendants Thomas Jackson and Darren Wilson in their official capacities, in Count I, are dismissed as redundant. The motion is granted with respect to Count IV of the complaint. The motion is granted with respect to Plaintiffs request for injunctive relief. Plaintiffs request for attorneys fees is stricken with respect to Counts II. Plaintiffs request for punitive damages is stricken with respect to Defendant the City of Ferguson. IT IS FURTHER ORDERED that on or before March 29, 2016, Plaintiff may amend his complaint to plead relevant facts, as appropriate, alleging that the City of Fergusons insurance policy covers Plaintiffs state law tort claims. Failure to do so may result in the dismissal of Counts II and IV of the complaint against the City of Ferguson on the basis of sovereign immunity. Signed by District Judge Audrey G. Fleissig on 3/15/2016. (NEB)