Kirkpatrick v. Geneva County Board of Education et al
| Donna Kirkpatrick |
| Geneva County Board of Education, William David Snell and Becky Birdsong |
| 1:2014cv00171 |
| March 14, 2014 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Geneva |
| Wallace Capel |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
41
ORDER: Based on the representations made in plaintiff Donna Kirkpatricks brief (Doc. No. 35 ) in response to the courts order (Doc. No. 34 ) and defendants motions to dismiss (Doc. Nos. 7 , 10 , and 12 ), it is ORDERED that Count 1 of plaintiff Donna Kirkpatricks complaint, alleging a violation of her First Amendment right to free speech, is dismissed as to defendants William David Snell and Becky Birdsong, with plaintiff Kirkpatrick taking nothing on that claim against those defendants. Count 1 remains pending against defendant Geneva County Board of Education. Signed by Honorable Judge Myron H. Thompson on 7/25/2014. (dmn, )
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Filing
34
ORDER that: (1) The defendants' motions to dismiss (doc. nos. 7 , 10 , 12 ) are set for submission without oral argument on 7/21/2014. (2) The parties are allowed until 7/21/2014, to file briefs addressing Lane v. Franks, --- S.Ct. ----, 2014 WL 2765285 (2014). (3) Plaintiff Donna Kirkpatrick is ordered to show cause, if there be any, why defendants Becky Birdsong and William David Snell should not be dismissed in their individual capacities under the clearly established prong of the doc trine of qualified immunity. Kirkpatrick shall file her response, including citations to any relevant caselaw, on or before 7/21/2014. (4) Insofar as they rely on the doctrine of res judicata, the defendants motions to dismiss (doc. nos. 7 , 10 , a nd 12 ) are hereby converted into motions for summary judgment pursuant to Fed. R. Civ. P. 12(d) and set for submission without oral argument on 7/21/2014. The parties are allowed until 7/21/2014 to submit additional briefing and evidence if they so desire. Signed by Honorable Judge Myron H. Thompson on 7/10/2014. (dmn, )
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