SIMMONS et al v. CORIZON HEALTH, LLC et al
| GLENDA S. SIMMONS, CALVIN C. SIMMONS, BRYAN O'NEIL SIMMONS and TIFFANY SIMMONS |
| CORIZON HEALTH, INC., CORIZON, LLC, B. J. BARNES, GUILFORD COUNTY SHERIFF'S DEPARTMENT, GUILFORD COUNTY and THE LOCAL GOVERNMENT EXCESS LIABILITY FUND, INC. |
| 1:2014cv00730 |
| August 26, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| L. PATRICK AULD |
| THOMAS D. SCHROEDER |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
97
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 8/29/2016, that the Extension Motion (Docket Entry 83 ) is DENIED. (Butler, Carol)
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Filing
52
MEMORANDUM OPINION signed by JUDGE THOMAS D. SCHROEDER on 10/6/2015, that for the reasons stated, Plaintiffs have failed to plausibly allege a § 1983 claim against Sheriff Barnes in his official capacity. ORDERED that Defendants' motion for reconsideration (Doc. 36 ) is GRANTED and Defendants motion to dismiss Plaintiffs' § 1983 claim against Sheriff Barnes in his official capacity (Doc. 15 ) is GRANTED. (Butler, Carol)
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Filing
35
MEMORANDUM OPINION and ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/4/2015. ORDERED that Corizon's motion to dismiss (Doc. 25 ) is GRANTED as to Plaintiffs' negligence per se claim (Count IV); and 33 DENIED as to Plaintiffs' &# 167; 1983 claim (Count II) and request for punitive damages (Count VI). FURTHER ORDERED that Guilford Defendants' motion to dismiss (Doc. 28 ) is GRANTED as to Plaintiffs' Fourteenth Amendment claim under § 1983 against Guilford C ounty and Sheriff Barnes (Count I), Plaintiffs' State law claims against Guilford County (Counts III and V); and Plaintiffs State law claims against Sheriff Barnes (Counts III and V) to the extent those claims will be limited to recovery up to and including $25,000; and DENIED as to Plaintiffs' Eighth Amendment claims under § 1983 against Guilford County and Sheriff Barnes in his official capacity (Count I). (Butler, Carol)
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