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15-2638 - Dyer et al v. City of Mesquite Texas et al


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15-2638 - Dyer et al v. City of Mesquite Texas et al
May 3, 2016
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MEMORANDUM OPINION AND ORDER: The Court GRANTS (1) the City of Mesquite's 12(b)(6) Motion to Dismiss (Doc. 24); (2) the 12(b)(6) Motion to Dismiss By Defendants Fyall, Houston, Gafford, Scott, Polish and Baker (Doc. 26); and (3) the 12(b)(6) Motion to Dismiss by Defendants Hedgpeth and Heidelberg (Doc. 31), and ORDERS that the Dyers' claims be DISMISSED without prejudice. The Court DENIES Plaintiffs' Motion for Limited Discovery (Doc. 38), but GRANTS them leave to amend their Complaint on or before 5/18/2016. (Ordered by Judge Jane J Boyle on 5/3/2016) (bdb)
January 12, 2017
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MEMORANDUM OPINION AND ORDER: The Court GRANTS the Paramedic Defendants' portion of the Motion to Dismiss (Doc. 49) and DISMISSES all of the claims against them with prejudice. With regard to the Officer Defendants, the Court DEFERS RULING on their portion of the Motion to Dismiss (Doc. 49) as to the excessive force claims, denial of medical care claims, and their corresponding assertions of qualified immunity as to those claims, pending limited discovery and later reconsideration on summary judgment. The Court GRANTS Officer Defendants' portion of the Motion to Dismiss (Doc. 49) with regard to the Dyers' claim for interference with a parent-child relationship. Lastly, the Court GRANTS Mesquite's Motion to Dismiss (Doc. 47) in its entirety and DISMISSES all of the Plaintiffs' claims against Mesquite with prejudice. (Ordered by Judge Jane J. Boyle on 1/12/2017) (axm)