Smith v. City of Chattanooga et al
||Michael - Smith
||City of Chattanooga, Z Moody, Bruce, Freeman Cooper, John Doe, Richard Roe and Unknown Police Officers
||April 15, 2008
||US District Court for the Eastern District of Tennessee
||Civil Rights: Other Office
||William B Carter
||R Allan Edgar
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||42:1983 Civil Rights Act
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|November 4, 2009
MEMORANDUM AND ORDER: the defendants' motions for summary judgment [Doc. Nos. 22 , 28 ] are GRANTED IN PART under Fed. R. Civ. P. 56 as follows. All of plaintiff Smith's federal civil rights claims brought against the defendants under 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE. Pursuant to 28 U.S.C. § 1367(c)(3) the Court declines to exercise supplemental jurisdiction over the plaintiff's Tennessee state common law claim of assault and battery. The state law assault and battery claim is DISMISSED WITHOUT PREJUDICE. Each party shall bear their own costs of this action. The Clerk of Court shall enter a separate judgment. Signed by District Judge R Allan Edgar on 11/4/2009. (BJL ) Modified on 11/5/2009 (BJL, ).
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