Underwood v. Polk et al

Plaintiff: Francheryl Latrice Underwood
Defendant: Tyrone Polk, City of Birmingham and City of Birmingham Police Department
Case Number: 2:2015cv02173
Filed: November 30, 2015
Court: Alabama Northern District Court
Office: Southern Office
County: Jefferson
Presiding Judge: John H England
Nature of Suit: Other Civil Rights
Cause of Action: 28:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 19, 2016 37 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER - Based on the foregoing, it is ORDERED: 1. The Citys motion to dismiss the BPD, (doc. 4), is GRANTED, and all claims against the BPD are DISMISSED as against an entity not subject to suit; 2. The Citys motion to dismiss certain counts of Underwoods complaint, (doc. 5), is GRANTED IN PART and DENIED IN PART. Specifically, Count II for malicious prosecution, Count IV for abuse of process, Count VI for wantonness, and Count VII to the extent it asserts wanton hiring, training, and supervision are DISMISSED as failing to state a claim under Ala. Code § 11-47-190. The remaining counts remain pending. Signed by Magistrate Judge John H England, III on 8/19/2016. (KEK)

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Plaintiff: Francheryl Latrice Underwood
Represented By: Steven M Mezrano
Represented By: Bruce W Romeo, Jr.
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Defendant: Tyrone Polk
Represented By: Frederic L Fullerton, II
Represented By: Kayla Shardae Lawrence
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Defendant: City of Birmingham
Represented By: Frederic L Fullerton, II
Represented By: Kayla Shardae Lawrence
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Defendant: City of Birmingham Police Department
Represented By: Frederic L Fullerton, II
Represented By: Kayla Shardae Lawrence
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