Underwood v. Polk et al
||Francheryl Latrice Underwood
||Tyrone Polk, City of Birmingham and City of Birmingham Police Department
||November 30, 2015
||US District Court for the Northern District of Alabama
||John H England
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||28 U.S.C. § 1983
|Jury Demanded By:
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|August 19, 2016
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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