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13-050 - White et al v. City of Holliday, Texas et al


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13-050 - White et al v. City of Holliday, Texas et al
January 10, 2014
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MEMORANDUM OPINION AND ORDER: Based on the foregoing, the Court grants in part and denies in part Defendants' Second Motion to Dismiss for Failure to State a Claim. In particular, pursuant to Fed. R. Civ. P. 12(b)(6), the Court grants Defendants' motion to dismiss Plaintiffs Michael White's and David White's § 1983 claims against the City of Holliday, and grants Defendants' motion to dismiss Plaintiff David White's § 1983 claims against Defendant Dwayne Jackson based on qualified immunity. The Court dismisses these claims with prejudice. The Court denies Defendants' motion to dismiss Plaintiff Michael White's § 1983 claims against Defendant Dwayne Jackson, and denies as moot Defendants' Alternative Request for Rule 7(a) Reply to Immunity. An order requiring a scheduling conference and report for contents of scheduling order under Fed. R. Civ. P. 16(b) and 26 will issue separately. (Ordered by Judge Reed C O'Connor on 1/10/2014) (apy)