FISHER v. THE WINSTON SALEM POLICE DEPT. et al
| WILLIAM RAY FISHER |
| THE WINSTON SALEM POLICE DEPT., TONY PERKINS, SCOTT CUNNINGHAM and CLIFF CRANFORD |
| 1:2012cv00868 |
| August 14, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| UNASSIGNED |
| L. PATRICK AULD |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
43
MEMORANDUM OPINION AND ORDER igned by JUDGE JAMES A. BEATY, JR. on 02/04/2015. For the reasons stated herein, the Court finds that Plaintiff has sufficiently pled an age discrimination claim. However, the Court further finds that Plaintiff h as abandoned his retaliation claim, and Plaintiff has insufficiently pled an intentional infliction of emotional distress claim. Accordingly, the Court will grant in part and deny in part Defendant's Motion to Dismiss [Doc. # 37 ]. Specificall y, the Court will deny Defendant's Motion as to Plaintiff's age discrimination claim and grant Defendant's Motion as to Plaintiff's intentional infliction emotional distress claim. Finally, the Court deems Plaintiff's retaliation claim as having been abandoned by Plaintiff's failure to assert this claim in his Amended Complaint. ORDERED that Defendant's Motion to Dismiss [Doc. # 37 ] is GRANTED IN PART and DENIED IN PART.(Taylor, Abby)
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Filing
31
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR on 06/27/2014, as set out herein. ORDERED that Individual Defendants' Motion to Dismiss [Doc. # 8 is GRANTED, pursuant to Federal Rule of Civil Procedure 12 (b)(1) and 12(b)(6). As such, Plaintiff's lawsuit against Sergeant Tony Perkins, Scott Cunningham, and Cliff Cranford, is hereby DISMISSED WITH PREJUDICE. FURTHER that Official Defendants' Motion to Dismiss [Doc. # 14 i s GRANTED IN PART, and that Plaintiff's action against the Winston- Salem Police Department is hereby DISMISSED WITH PREJUDICE. IT IS FINALLY ORDERED that Plaintiff is granted leave to amend his Complaint to cure the deficiencies discussed herein. If Plaintiff chooses to amend his Complaint, he must do so, consistent with the ruling of this Court, within 14 days of entry of this Order, or this action will be dismissed with prejudice.(Taylor, Abby)
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Filing
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 03/28/2014 as set out herein. RECOMMENDED that Plaintiff's Motion to Amend (Docket Entry 23 ) be DENIED and that Defendants' Motions to Dismiss (Docket Entries 8 and 14 ) be GRANTED.(Taylor, Abby)
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