Estate of Phillip James Binn v. Adamsville, Alabama, City of et al
||Estate of Phillip James Binn
||Adamsville, Alabama, City of, Warren Cotton, RW Carter, Rick Whitfield, William Dougherty and Lewy Stewart
||November 29, 2017
||Alabama Northern District Court
||Staci G Cornelius
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|August 24, 2018
MEMORANDUM OPINION - Because Plaintiff lacks Article III standing to assert its § 1983 state-created danger claim, the court is without jurisdiction to adjudicate it. The claim is thus due to be dismissed. Plaintiffs allegations do however suffi ciently allege injury in fact, causation, and redressability with respect to its remaining claims, and the court is satisfied it has jurisdiction to adjudicate them. The court will thus permit the defendants to refile their motions to dismiss the remaining claims. An Order consistent with this Memorandum Opinion will be entered. Signed by Judge R David Proctor on 8/24/2018. (KEK)
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