Goksoy v. Arpaio et al
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|Date Filed||#||Document Text|
|July 22, 2014
ORDER re 6 Motion to Dismiss for Failure to State a Claim - Plaintiff concedes that his complaint fails to state plausible § 1983 claims against Arpaio in both his individual and official capacity and that his complaint fails to state a pl ausible § 1983 claim against Maricopa County. The motion to dismiss as to these claims is granted. However, these claims are dismissed without prejudice because it is possible that plaintiff may uncover facts to support these claims once disco very in this case is undertaken. The motion to dismiss as to plaintiff's state law claims for direct liability against Maricopa County and Arpaio is also granted because plaintiff did not dispute that he did not comply with A.R.S. § 12-821.01(A). However, these claims are dismissed with prejudice because any amendment would be futile. (See document for further details). Signed by Judge H Russel Holland on 7/21/14.(LAD)
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