Perks v. County of Shelby et al
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|Date Filed||#||Document Text|
|September 15, 2009
OPINION: The Cross-Defendants' motion to dismiss the cross-claim foracontribution filed by the Defendant/Cross-Plaintiff [d/e 34] is ALLOWED. This case is referred to United States Magistrate Judge Charles H. Evans for the purpose of scheduling a discovery conference. Entered by Judge Richard Mills on 9/15/09. (ME, ilcd)
|August 31, 2009
OPINION entered by Judge Richard Mills on 08/31/2009. SEE WRITTEN OPINION. The Defendant's motion to dismiss Count I [d/e 25] is DENIED. The Defendants' motion to dismiss Counts I, II, IV, V and VI [d/e 29] is DENIED IN PART and ALLO WED IN PART. The motion is DENIED as to Counts I and II. The motion is ALLOWED to the extent that the complaint asserts claims against the individual Defendants in their official capacities. The motion as to Counts III and IV is DENIED. The motion as to Count V is DENIED. The motion as to Count VI is ALLOWED, though the Plaintiff may pursue her negligent spoliation claim as derivative of the negligence claim. (DM, ilcd)
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