Givens et al v. State of Oklahoma et al
Maurice Givens and Demika Jones Givens |
John Doe and Shadow Mountain Behavioral Health System |
4:2009cv00430 |
July 6, 2009 |
US District Court for the Northern District of Oklahoma |
Tulsa Office |
Tulsa |
Claire V Eagan |
T Lane Wilson |
Plaintiff |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
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Document Text |
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Filing 14 OPINION AND ORDER by Chief Judge Claire V Eagan that Defendant Shadow Mountain Behavioral Health System's Motion to Dismiss and Brief in Support (Dkt. # 10) is granted in part and denied in part: it is granted as to the Givenses' fi rst claim for relief as to § 1983 and denied as to the Givenses' third claim for relief as to negligence. The first claim for relief is dismissed with leave to amend. If the Givenses can, consistent with the Federal Rules of Civil Procedu re, allege a policy or custom of Shadow Mountain sufficient to state a claim under § 1983, they may file a second amended complaint within ten days of this order. Defendant must answer the amended petition (Dkt. # 2-4) within ten days of this order. ; setting/resetting deadline(s)/hearing(s): ( Status Report due by 11/19/2009); granting in part and denying in part 10 Motion to Dismiss (Re: 2 Notice of Removal ) (RGG, Chambers) |
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