McElroy v. Bessemer, Alabama, City of et al
||Bessemer, Alabama, City of and Gabriel Kinderknecht
||January 23, 2015
||US District Court for the Northern District of Alabama
||T Michael Putnam
|Nature of Suit:
||Other Personal Injury
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|March 20, 2017
MEMORANDUM OPINION - The sole remaining claim is Plaintiffs § 1983 excessive force against Officer Kinderknect. (Id.). Officer Kinderknecht has now moved for summary judgment. (Doc. 28). The motion is fully briefed and ripe for review. (D ocs. 29, 31, 36). For the reasons stated below, the motion for summary judgment is GRANTED. There being no genuine issue of material fact, Officer Kinderknect is entitled qualified immunity and to summary judgment on Plaintiffs excessive force claim. A separate order will be entered. Signed by Magistrate Judge John H England, III on 3/20/2017. (KEK)
|April 13, 2015
MEMORANDUM OPINION AND ORDER. Defendants removed this action to this Court and now move to dismiss the First Amended Complaint. The motion is fully briefed and ripe for review. For the reasons stated, the Motion to Dismiss 5 is granted in part and denied in part. The motion is GRANTED as to Plaintiffs' (1) §1983 claim against the City of Bessemer only, (2) wrongful death claim, and (3) intentional infliction of emotional distress claim. The motion is DENIED as to the sole remaining claim, Plaintiffs' §1983 claim against Officer Kinderknecht. The parties are reminded of their obligations under the Federal Rules of Civil Procedure, including local rule variations. The parties should pay particular attention to Rules 7.1, 26 and 16. Signed by Magistrate Judge John H England, III on 4/13/15. (CTS, )
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