Davis v. City of Montgomery, Alabama et al
| Jesse Davis |
| City of Montgomery, Alabama, G. J. Marshall and Officer Lizenby |
| 2:2016cv00346 |
| May 13, 2016 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Charles S. Coody |
| W. Harold Albritton |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
24
MEMORANDUM OPINION AND ORDER: For the reasons stated herein, Defendant' Motion to Dismiss is GRANTED in part and DENIED in part, as follows: 1. Defendant City of Montgomerys Motion to Dismiss the City from Counts I, II, III, and IV is GRANTED, a nd those claims against the City are DISMISSED. 2. The Individual Defendants Motion to Dismiss Count IV is DENIED with respect to injuries sustained to Daviss ribs and is GRANTED as to a claim based on a failure to treat Daviss diabetes. 3. Individual Defendants Motion to Dismiss Count I is DENIED as moot, since that claim is asserted only against the City. Signed by Honorable Judge W. Harold Albritton, III on 11/10/2016. (kh, )
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Filing
18
MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1. The Motion to Dismiss (Doc. # 12 ) is GRANTED as to all claims against the individual Defendants in their official capacities and those claims are DISMISSED with prejudice. 2. The Moti on to Dismiss (Doc. # 12 ) is GRANTED as to all federal law claims against the City and those claims are dismissed without prejudice to being repled. 3. The Motion to Dismiss (Doc. # 12 ) is GRANTED as to the federal deliberate indifference claim wit hout prejudice to the claim being repled. 4. The Motion to Dismiss (Doc. # 12 ) is DENIED as to the false arrest, false imprisonment, assault, and excessive force state law claims, and the state law claim for negligent failure to provide medical trea tment while Davis was in jail. 5. The Motion to Dismiss (Doc. # 12 ) as to the state law claim for negligent training, hiring, and supervision (Count IV) is GRANTED and that claim is DISMISSED with prejudice. 6. The Plaintiff is given until July 22, 2016 to file an Amended Complaint, complete unto itself, in accordance with M.D. Ala. Local Rule 15.1, which more specifically pleads his theory of municipal liability, and the facts which support it, and clarifies whether the failure to train is ass erted as a separate violation of federal law. A new Amended Complaint should also more specifically plead the deliberate indifference to medical needs claim, if Davis intends to proceed on that claim. 7. In view of this Order, the Plaintiffs Motions (Doc. # 16 , 17 ) are DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 7/14/2016. (kh, )
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