SAFFORD v. BARNES et al
| WILLIAM JOSEPH SAFFORD |
| B. J. BARNES and M. B. STEWART |
| 1:2014cv00267 |
| March 28, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| THOMAS D. SCHROEDER |
| JOE L. WEBSTER |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
58
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/28/2016. For the reasons stated, Defendants' motion for summary judgment is denied. This conclusion reflects no judgment on any party (indeed Deputy Stewart denies many of the facts central to Safford's narrative) but reflects a record with materially conflicting versions of events that cannot be reconciled by objective evidence4 or without weighing credibility, which this court is precluded from doing at this stage. Accordingly, it will be for the jury to determine whose version of the facts to credit. IT IS THEREFORE ORDERED that Defendants' motion for summary judgment (Doc. 28 ) is DENIED to the extent that it was not previously granted in this court's prior order (Doc. 46 ), with the caveat that the viability of any federal official capacity claim will be addressed after Plaintiff responds to Defendants' motion to strike (Doc. 48 ).(Taylor, Abby)
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Filing
11
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/10/2014; that the motion to dismiss (Doc. 6 ) is GRANTED and that the following claims are DISMISSED: the Fourteenth Amendment claims against Sheriff Barnes and Deputy Stewart (first and second causes of action); the failure-to-train claim against Sheriff Barnes in his official capacity (second cause of action); the claim for supervisory liability against Sheriff Barnes in his individual capacity (second cause of actio n); the State-law claims against Sheriff Barnes in his individual capacity (third and fourth causes of action); the vicarious liability claims under § 1983 against Sheriff Barnes (fifth cause of action); and the claim against Deputy Stewart brought under N.C. Gen. Stat. §§ 1-311 and 1-410 (sixth cause of action). (Garland, Leah)
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