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14-059 - Cunningham v. City of Balch Springs et al

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14-059 - Cunningham v. City of Balch Springs et al
September 30, 2014
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Memorandum Opinion and Order: The court grants defendant City of Balch Springs' 12(b)(6) motion to dismiss and grants defendants Young, Haber & Morris' 12(b)(6) motion to dismiss 7 5. Plaintiff shall replead his federal claims against the City and the Individual Defendants; shall file his amended pleading by 10/21/14. Failure to replead as ordered will subject this action to dismissal under Rule 12(b)(6) or Rule 41(b). The state law claims of intentional infliction of emotional distress and false imprisonment are dismissed with prejudice against the City and the Individual Defendants. Plaintiff's claims for punitive damages against the City an the Individual Defendants on the federal and state law claims are dismissed with prejudice. The court denies the dismissal of malicious prosecution claim. The court denies as moot the alternative motion for Rule 7a Reply. (Ordered by Judge Sam A Lindsay on 9/30/2014) (gr)
June 19, 2015
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MEMORANDUM OPINION AND ORDER granting 21, 23 Motions to Dismiss for Failure to State a Claim. (Ordered by Judge Sam A Lindsay on 6/19/2015) (aaa)
January 20, 2016
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denies the motion in all other respects.Discovery due by 3/21/2016. Motions due by 5/2/2016. (Ordered by Judge Sam A Lindsay on 1/20/2016) (mem) Memorandum Opinion and Order grants in part and denies in part 35 Motion for New Trial filed by Michael Cunningham. Specifically, the court grants the motion with regard to Plaintiffs ยง 1983 claims against Officers Young and Haber, and
March 31, 2017
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Memorandum Opinion and Order denying 44 Motion for Summary Judgment. The court determines that Cunningham has raised a genuine dispute of material fact as to his constitutional claim to be free from illegal and unreasonable seizures and Haber's and Young's affirmative defense of qualified immunity. (Ordered by Judge Sam A Lindsay on 3/31/2017) (rekc)
April 3, 2017
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Supplemental Memorandum Opinion and Order: On 3/31/2017, the court issued a memorandum opinion and order in this case denying Defendants' Motion for Summary Judgment (Doc. 61). The court issues this supplemental memorandum opinion and order to expound on certain key points. (Ordered by Judge Sam A Lindsay on 4/3/2017) (axm)