Avery v. Hoover, Alabama, City of et al
||Hoover, Alabama, City of, Hoover Police Department, Christopher Bryant, Hoover City Board of Education, Don Hulin and Joshua Whited
||May 2, 2013
||Alabama Northern District Court
||Madeline H Haikala
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:1983 Civil Rights Act
|Jury Demanded By:
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|July 17, 2015
MEMORANDUM OPINION - For the reasons discussed above, the Court GRANTS the defendants motions to dismisses for failure to state a claim the deliberate indifference to medical needs claim in Count III of the second amended complaint and the claims und er the ADA in Counts IV and V of the second amended complaint. The Court DENIES the motions to dismiss Ms. Averys § 1983 excessive force claim against Officer Bryant and the City of Hoover and the assault and battery claim against Officer Bryant . The Court GRANTS in part and DENIES in part Mr. Whiteds motion to dismiss. The Court DISMISSES Ms. Averys official-capacity claim against Mr. Whited, but her assault and battery claim against him in his individual capacity shall proceed. The Court DISMISSES all claims against Mr. Hulin. The Court directs the clerk to please term docs 42, 44, 46, 48, and 49. Signed by Judge Madeline Hughes Haikala on 7/17/2015. (KEK)
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