White et al v. City of Holliday, Texas et al
| David White and Michael White |
| Dwayne Jackson and City of Holliday, Texas |
| 7:2013cv00050 |
| April 19, 2013 |
| US District Court for the Northern District of Texas |
| Wichita Falls Office |
| Archer |
| Reed C O'Connor |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Defendant |
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Filing
29
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 Defendant s' 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 J ackson 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)
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