Jenkins v. Davis(MAG+)
||Arthur L. Jenkins
||April 21, 2011
||US District Court for the Middle District of Alabama
||Charles S. Coody
||W. Harold Albritton
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|October 3, 2011
ORDER that the 24 objection is hereby OVERRULED, the court ADOPTS the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. Defendant's motion to dismiss the claims against him in his official capacity is GRANTED. 2. To the extent the Plaintiff asserts that the Defendant violated his Fourth Amendment rights to be free from unreasonable seizures, the Defendant's Motion to Dismiss is DENIED. 3. The Defendant's motion to dismiss the conspiracy claims is GR ANTED. 4. The Defendant's motion to dismiss the state law claims of intentional infliction of emotional distress, negligence and false imprisonment is DENIED. 5. This case is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 10/3/2011. (jg, )
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