S. v. Talladega County Board of Education et al
| T. S. |
| Talladega County Board of Education, Childersburg Middle School, Suzanne Lacey, Jena Jones, Michael Bynum and Anita Foy |
| 2:2017cv01876 |
| November 8, 2017 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Talladega |
| R David Proctor |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
53
MEMORANDUM OPINION AND ORDER GRANTING Defendants' 36 37 MOTIONS for Summary Judgment on Plaintiff T.S.'s § 1983 claims and ENTERS JUDGMENT in favor Defendants on those claims. The Court DISMISSES T.S.'s § 1983 claims WIT H PREJUDICE. The only remaining claims are T.S.'s state law assault, battery, and intentional infliction of emotional distress claims against Mr. Bynum. In the absence of an independent basis for jurisdiction over T.S.'s state law claims ag ainst Mr. Bynum, the Court will dismiss the claims without prejudice pursuant to 28 U.S.C. § 1367(c). Within 7 days of entry of this Order, T.S. shall SHOW CAUSE why the Court has original jurisdiction over his state law claims. Signed by Judge Annemarie Carney Axon on 8/6/2019. (JLC)
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Filing
33
MEMORANDUM OPINION AND ORDER the court GRANTS Ms. Foys motion for partial dismissal. (Doc. 28). The court DISMISSES WITH PREJUDICE T.S.s claims against Ms. Foy for § 1983 due process violations, assault and battery, and intentional infliction of emotional distress. Ms. Foy shall answer T.S.s amended complaint within the time prescribed by Rule 12(a)(4)(A) of the Federal Rules of Civil Procedure. Signed by Judge Annemarie Carney Axon on 7/24/2018. (TLM, )
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Filing
23
MEMORANDUM OPINION AND ORDER GRANTING 5 MOTION for Judgment on the Pleadings to the extent that it sought dismissal of all official capacity claims brought against her, and all claims against her for injunctive and declaratory relief. Those claims are DISMISSED WITH PREJUDICE. In all other respects, the Motion is DENIED, GRANTING 7 MOTION to Dismiss, and Counts Three and Four, to the extent that they are brought against the Board, are DISMISSED WITH PREJUDICE, GRANTING 8 MOTION to Dismiss and Childersburg Middle School is DISMISSED WITH PREJUDICE, GRANTING 16 MOTION for Judgment on the Pleadings to the extent that it sought dismissal of all official capacity claims brought against them, and all claims against them for injunctive and declaratory relief. Those claims are DISMISSED WITH PREJUDICE. No later than May 11, 2018, the Plaintiff SHALL file an Amended Complaint as set out herein. Signed by Judge Virginia Emerson Hopkins on 4/27/2018. (JLC)
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