Wardlow v. Whiten
Larry Wardlow |
Michael Whiten |
2:2015cv00367 |
February 27, 2015 |
US District Court for the Northern District of Alabama |
Southern Office |
Jefferson |
John H England |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 42 MEMORANDUM OPINION - Based upon the foregoing, the defendants motion for summary judgment is GRANTED IN PART and DENIED IN PART. There being no genuine issues of material fact as to the issue of municipal liability or qualified immunity as to Chief Roper, Chief Roper is entitled to summary judgment on all claims against him in his official capacity and on all claims against him in his individual capacity except Wardlows state law malicious prosecution claim in Count E. The remaining claims asserted against Whiten proceed because genuine issues of material fact preclude judgment as a matter of law. Signed by Magistrate Judge John H England, III on 3/29/2017. (KEK) |
Filing 28 MEMORANDUM OPINION AND ORDER - Because the claim against Black Mark in the Amended Complaint does not relate-back to the original complaint, it is barred by the statute of limitations. Black Marks motion to dismiss, (doc. 8 ), is GRANTED. Signed by Magistrate Judge John H England, III on 10/28/2015. (KEK) |
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Plaintiff: Larry Wardlow | |
Represented By: | Leroy Maxwell, Jr |
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Defendant: Michael Whiten | |
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