Kleinschnitz v. Phares, et al

Plaintiff: Jacob Kleinschnitz
Defendant: William Phares, Gregory J. Benton and City of Dothan, Alabama
Case Number: 1:2013cv00209
Filed: April 3, 2013
Court: Alabama Middle District Court
Office: Dothan Office
County: Houston
Presiding Judge: Mark E. Fuller
Referring Judge: Susan Russ Walker
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 28, 2013 20 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER directing as follows: (1) Defendants' Motion to Dismiss (Doc. # 9 ) Kleinschnitz's § 1983 unlawful arrest claim (Count 1), state law false arrest/false imprisonment claim (Count 5), and state law assault an d battery claim (Count 6) is DENIED; (2) Defendants' Motion to Dismiss (Doc. # 9 ) Kleinschnitz's claims for § 1983 false imprisonment (Count 2), § 1983 malicious prosecution (Count 3), negligence (Count 8), state law municipal li ability (Count 9), and state law malicious prosecution as to Benton (Count 10) is GRANTED, and these claims are DISMISSED without prejudice; (3) Defendants' Motion to Dismiss (Doc. # 9 ) Kleinschnitz's claim for intentional infliction of emotional distress (Count 7) is GRANTED, and this claim is DISMISSED with prejudice. Signed by Honorable Judge Mark E. Fuller on 10/28/13. (scn, )
February 6, 2015 53 Opinion or Order of the Court JUDGMENT directing as follows: (1) The magistrate judge's recommendation (doc. no. 42 ) is adopted as to all claims and all defendants except plaintiff Jacob Kleinschnitz's state-law malicious-prosecution claim against defendant William Ph ares; (2) Defendants William Phares, Gregory J. Benton, and City of Dothan, Alabama's motion for summary judgment (doc. no. 25 ) is granted as to all claims and as to all defendants except plaintiff Kleinschnitz's state-law malicious-prose cution claim against defendant Phares; (3) Judgment is entered in favor of defendants Phares, Benton, and City of Dothan and against plaintiff Kleinschnitz as to all claims and all defendants except plaintiff Kleinschnitz's state-law malicious-p rosecution claim against defendant Phares.; Defendants Benton and City of Dothan are terminated as parties; (4) The magistrate judge's recommendation (doc. no. 42 ) is still pending as to plaintiff Kleinschnitz's state-law malicious-prosecution claim against defendant Phares; this case is not closed. Signed by Honorable Judge Myron H. Thompson on February 6, 2015. (Attachments: # 1 Civil Appeals Checklist)(scn, )
February 24, 2015 67 Opinion or Order of the Court OPINION. Signed by Honorable Judge Myron H. Thompson on February 24, 2015. (scn, )
February 24, 2015 68 Opinion or Order of the Court JUDGMENT directing that, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The magistrate judge's recommendation (doc. no. 42 ) is not adopted in the remaining respect; (2) Plaintif f Jacob Kleinschnitz's state-law malicious-prosecution claim is dismissed without prejudice and with leave to refile in state court; (3) All pending motions are denied as moot; further ORDERED that costs are taxed against plaintiff Kleinschnitz, for which execution may issue, with regard to the claims resolved on the merits; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on February 24, 2015. (Term'd: Jury Trial 03/09/2015)(Furnished to Calendar/AG/WR) (Attachments: # 1 Civil Appeals Checklist)(scn, )

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Plaintiff: Jacob Kleinschnitz
Represented By: Anthony B. Bush
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Defendant: William Phares
Represented By: Derel Kevan Kelly
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Defendant: Gregory J. Benton
Represented By: Derel Kevan Kelly
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Defendant: City of Dothan, Alabama
Represented By: Derel Kevan Kelly
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