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17-1400 - Gallaher v. City of Maypearl Texas et al


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17-1400 - Gallaher v. City of Maypearl Texas et al
February 2, 2018
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capacity are DISMISSED WITH PREJUDICE. (Ordered by Chief Judge Barbara M.G. Lynn on 2/2/2018) (ykp)MEMORANDUM OPINION AND ORDER: The City's Motion to Dismiss (ECF No. 8) is GRANTED. Plaintiff's municipal liability claim under § 1983 against the City is DISMISSED WITHOUT PREJUDICE. Plaintiff may replead within twenty days of the date of this Order in an effort to correct the noted pleading deficiencies for these claims. Plaintiff's claims for intentional infliction of emotional distress and assault and battery against Officer Mohamad in his official capacity are DISMISSED WITH PREJUDICE. Officer Mohamad's Motion to Dismiss claims against him in his official capacity (ECF No. 9) is GRANTED. Plaintiff's § 1983 claims for excessive force and false arrest against Officer Mohamad in his official