Waters v. Hughes
| Tammy Waters |
| The City of Geneva, Michael Hughes and Stephanie Smith |
| 1:2014cv00236 |
| April 2, 2014 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Geneva |
| William Keith Watkins |
| Wallace Capel |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
28
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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