Clayton v. Columbia Casualty Company et al
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|Date Filed||#||Document Text|
|November 16, 2012
ORDER AND REASONS granting 43 MOTION for Partial Summary Judgment filed by Willie Graves, and 42 MOTION for Partial Summary Judgment filed by David Johnson. Plaintiffs' 1983 claims against all defendants are DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiffs' remaining state law claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Lance M. Africk on 11/16/2012. (BLG)
|July 19, 2012
ORDER AND REASONS granting in part, denying in part 9 MOTION to Dismiss for Failure to State a Claim Or in the Alternative, Motion for Rule 7 Reply filed by Columbia Casualty Company, Willie Graves, David Johnson. FURTHER ORDERED that plain tiffs' 1983 claims against Sheriff Graves are DISMISSED WITH PREJUDICE to the extent they rely on a theory of respondeat superior. FURTHER ORDERED that plaintiffs' 1983 claims against Sheriff Graves for denial of access to the courts are DI SMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiffs will file a Rule 7 reply by Monday, 7/30/2012, tailored to Sheriff Graves' defense of qualified immunity with respect to the allegations that he acted with deliberate indifference when hiri ng, training, and supervising Deputy Johnson. FURTHER ORDERED that plaintiffs will file an amended complaint, if they can do so, with respect to their claims against Sheriff Graves in his official capacity by Tuesday, 7/24/2012. FURTHER ORDERED that plaintiffs' 1983 claims for punitive damages against Sheriff Graves in his official capacity are DISMISSED WITH PREJUDICE. FURTHER ORDERED that the motion to dismiss is DENIED in all other respects. Signed by Judge Lance M. Africk on 7/17/2012. (BLG)
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