K.J.C. v. The City of Montgomery et al
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|Date Filed||#||Document Text|
|February 27, 2018
MEMORANDUM OPINION & ORDER: it is ORDERED as follows: 1. The Magistrate Judge's Recommendation (Doc. # 8 ) is ADOPTED as modified by this Order. 2. Plaintiff's objections (Doc. # 26 ) are OVERRULED. 3. Plaintiffs requests for leave to amend her Amended Complaint (Doc. # 26 , at 6, 7) are DENIED. 4. Defendants' first motion to dismiss (Doc. # 7 ) is DENIED AS MOOT. 5. Defendants' second motion to dismiss (Doc. # 17 ) is GRANTED IN PART AND DENIED IN PART. Specifically , the motion is: A. DENIED with respect to Plaintiff's 1983 claim against the City, Chief Finley, and Captain Gaskin based on a violation of the Fourth Amendment (Count I); B. GRANTED with respect to Plaintiffs claims against Chief Finley and C aptain Gaskin in their official capacities, which are DISMISSED as duplicative of the claims against the City; and C. GRANTED with respect to Plaintiff's 1983 claims based on violations of the Due Process and Equal Protection Clauses of the Fou rteenth Amendment (Counts Two and Three) and her state law claim of supervisory and municipal liability (Count VII), which are DISMISSED. 6. This case is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 2/27/2018. (kh, )
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