Biggerstaff v. Constable et al

Plaintiff: Jerry Biggerstaff
Defendant: Will Payne, Kevin Mulack, Wal Mart Stores Inc, City of Athens, Alabama and Brett Constable
Case Number: 5:2011cv01510
Filed: May 5, 2011
Court: Alabama Northern District Court
Office: Northeastern Office
County: Limestone
Presiding Judge: Abdul K Kallon
Nature of Suit: Other Civil Rights
Cause of Action: 28:1441
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
July 12, 2012 38 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: Re: Motions for Summary Judgment ( 18 -Officer Constable and the City, 21 -Wal-Mart and Mulak, and 33 -Payne): As further set out in order, this court GRANTS Officer Constable and the City's motion for summary jud gment and GRANTS summary judgment for Mulack and for Wal-Mart on all claims based on alleged conduct by Mulack. As it relates to Payne, the court GRANTS Payne's motion for the false arrest and false imprisonment claim and GRANTS Wal-Mart's motion on this claim as well. Finally, the court GRANTS Wal-Mart's motion on the negligent hiring, training, and supervision claim. In all other respects, the motions for summary judgment are DENIED. Therefore, the claims remaining for trial are the negligence claim against Payne and the assault and battery claim against Payne and Wal-Mart. 14 , MOTION to Dismiss, filed by Will Payne is DENIED. 29 , MOTION to Compel is DENIED. Signed by Judge Abdul K Kallon on 07/12/12. (CVA)

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Defendant: Will Payne
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Defendant: Kevin Mulack
Represented By: Marda W Sydnor
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Defendant: Wal Mart Stores Inc
Represented By: Marda W Sydnor
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Defendant: City of Athens, Alabama
Represented By: William W Sanderson, Jr
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Defendant: Brett Constable
Represented By: William W Sanderson, Jr
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Plaintiff: Jerry Biggerstaff
Represented By: Donald A Chapman
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