Almond et al v. Randolph County, Alabama et al
| Teresa Roberts Almond and Gregory Jack Almond |
| Randy Moore, Donnie Strain, Jody McDaniel, Kevin Walker, Nathaniel Morrow, Randolph County, Alabama, Jean Dot, Larry Clark, Jr., Bernard Sheppard, David Cofield, Jimmy Johnson, The Randolph County Commission and Greg Johnson |
| 3:2019cv00175 |
| March 11, 2019 |
| US District Court for the Middle District of Alabama |
| Susan Russ Walker |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
183
MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1. The 158 Partial Motion for Summary Judgment filed by Plaintiffs Gregory Jack Almond and Teresa Roberts Almond is DENIED; 2. The 152 Motion for Summary Judgment filed by Defenda nts Randolph County and the Randolph County Commission is GRANTED; DIRECTING the Clerk to dismiss Randolph County and the Randolph County Commission as defendants in this action; 3. The 144 Motion for Summary Judgment filed by Defendant Larry Clar k, Jr. is granted in part and denied in part; It is GRANTED as to Count II, Count III, Count IV, Count VI, and Count VII; It is DENIED as to Count V; 4. The 147 Motion for Summary Judgment filed by Defendant Kevin Walker is granted in part and den ied in part; It is GRANTED as to Count III, Count IV, and Count VII; It is DENIED as to Count VI; 5. The 149 Motion for Summary Judgment filed by Defendant Randy Moore is GRANTED; DIRECTING the Clerk to dismiss Randy Moore as a Defendant in this action; 6. The claim for an illegal search in violation of the Fourth Amendment contained in Count VI shall proceed against Defendant Kevin Walker in his individual capacity; 7. The claim for excessive force contained in Count V related to the use of the flashbang device shall proceed against Defendant Larry Clark, Jr. in his individual capacity; 8. All other claims are dismissed, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/7/2022. (am, )
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Filing
85
MEMORANDUM OPINION AND ORDER directin that the Defs motions to dismiss (Docs. 69 , 71 ) will be granted in part; To the extent that the motions to dismiss are granted, Plfs claims are dismissed with prejudice; The motions are GRANTED only to th e following extent: (1) The Court will grant the County's 71 motion to dismiss as to Count 1 and Counts 3-8 of the Second Amended Complaint; (2) The Court will grant the Sheriffs' and Deputy Sheriffs' 69 motion to dismiss as to C ounts 12 and 15 of the Second Amended Complaint; The remainder of the motions to dismiss are DENIED without prejudice to renewal in connection with a summary judgment motion, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 6/8/2020. (Attachments: # 1 civil appeals checklist)(djy, )
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