Shorter et al v. Boswell et al
||Eddrick Shorter, Latoya McMillan and A.M.
||Jarred Barr, Thomas Boswell, Kirby Dollar, Mike Loyless, Rachel Houser, City of Phenix City, Ray Smith and Daniel Davis
||July 1, 2011
||US District Court for the Middle District of Alabama
||Terry F. Moorer
||W. Harold Albritton
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|February 24, 2012
MEMORANDUM OPINION AND ORDER: 1. Defendants' 50 Motion for Summary Judgment is DENIED. 2. Plaintiffs' 57 Motion for Leave to File First Amended Complaint is GRANTED. 3. Defendants' 52 Motion to Stay Discovery and 62 Motion for Reconsideration are both DENIED as MOOT. 4. The case will proceed at this time on Count II and Count III against Dollar and Loyless in their individual capacity as per the 48 Scheduling Order. Signed by Honorable Judge W. Harold Albritton, III on 2/24/2012. (dmn, )
|November 7, 2011
MEMORANDUM OPINION AND ORDER directing that (1) The 28 Motion to Dismiss of Defendants Dollar and Loyless is GRANTED to the following extent: a. Counts I, II, III, V, and VII are dismissed with prejudice as to Dollar and Loyless in their official c apacity; b. Count I is dismissed without prejudice as to Dollar and Loyless in their individual capacity, with leave to amend, if appropriate; c. Count V is dismissed with prejudice as to Dollar and Loyless in their individual capacity; d. Count VII is dismissed with prejudice as to Dollar and Loyless in their individual capacity; (2) The Defendants' 28 Motion to Dismiss is DENIED in all other respects; (3) The case will proceed at this time on Count II and Count III against Dollar and Loyless in their individual Capacity. Signed by Honorable Judge W. Harold Albritton, III on 11/7/11. (scn, )
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