Kleinschnitz v. Phares, et al
| Jacob Kleinschnitz |
| William Phares, Gregory J. Benton and City of Dothan, Alabama |
| 1:2013cv00209 |
| April 3, 2013 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| Mark E. Fuller |
| Susan Russ Walker |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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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, )
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