Waters v. Hughes

Plaintiff: Tammy Waters
Defendant: The City of Geneva, Michael Hughes and Stephanie Smith
Case Number: 1:2014cv00236
Filed: April 2, 2014
Court: Alabama Middle District Court
Office: Dothan Office
County: Geneva
Presiding Judge: William Keith Watkins
Referring Judge: Wallace Capel
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 19, 2014 28 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: All claims against the City and Magistrate Smith are due to be dismissed pursuant to Rule 12(b)(1) and (6) on the grounds explained in this opinion. It is ORDERED that Defendants' 15 Motion to Dismiss is GRANTED a s follows: (1) the 42 U.S.C. § 1983 official-capacity claims against Magistrate Smith, the fictitious-party claims, and the claims that request punitive damages from the City under both federal- and state-law are DISMISSED; (2) The § 1983 c laims in Counts III, VII, and IX are DISMISSED pursuant to Rule 12(b)(1) for lack of Article III standing; (3) The § 1983 claims in Counts I, II, VIII and IX are DISMISSED pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted; (4) The state-law claims in Counts IV, V, VI, VII, X, XI, and XIII. against the City are DISMISSED pursuant to § 11-47-190 of the Alabama Code; and (5) The state-law claim in Count IX against the City is DISMISSED for failure to state a claim upon which relief can be granted. The Clerk of the Court is DIRECTED to terminate The City of Geneva and Magistrate Smith as Defendants. This action proceeds with respect to Plaintiffs claims against Officer Hughes, which have been stayed. Signed by Chief Judge William Keith Watkins on 9/19/2014. (dmn, )

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Plaintiff: Tammy Waters
Represented By: David Jerome Harrison
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Defendant: The City of Geneva
Represented By: James Hillary Pike
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Defendant: Michael Hughes
Represented By: Ricky Allen Howard
Represented By: April Willis McKay
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Defendant: Stephanie Smith
Represented By: James Hillary Pike
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