Gordon v. Neugebauer et al
| Larry Russell Gordon |
| John Dale Crowley, Duane C Miller, Daniel Ryan Freshour, Brent Turner, David M Duckworth, Christopher L Howard, Joey A. Jacobs, Abilene Behavioral Health, LLC, Stan Standridge, Callahan County, Texas, Stephens County, TX, Shackelford County, Texas, Jones County Texas, TX - Taylor County, Abilene Police Department, Randy Neugebauer, Acadia Healthcare Company, Inc., Abilene Psychiatric Center Associates, LLC, Tori Hicks, William Zimmerman, Betty Hardwick Center and City of Abilene, Texas |
| 1:2014cv00093 |
| June 9, 2014 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Taylor |
| Mary Lou Robinson |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
164
Memorandum Opinion and Order. Plaintiffs Motion to Strike 143 and 162 is DENIED. Defendants' Motion to Dismiss is GRANTED. The following claims in Plaintiffs First Amended Complaint against Abilene Behavioral Health, LLC, Acadia Healthcare Company, Inc., Daniel Ryan Freshour, Tori Hicks, and Duane C. Miller are hereby DISMISSED WITH PREJUDICE: (1) Plaintiffs 42 U.S.C. §1983 claim, and (2) Plaintiffs civil RICO claim under 18 U.S.C. §1964(c). The following claims against Abi lene Behavioral Health, LLC, Acadia Healthcare Company, Inc., Daniel Ryan Freshour, Tori Hicks, and Duane C. Miller are hereby DISMISSED WITHOUT PREJUDICE: (1) false imprisonment; (2) intentional infliction of emotional distress (3) violation of Tex. Bus. & Com. Code § 17.12; (4) violation of Tex. Bus. & Com. Code §17.46(b)(2) & (3); (5) violation of Tex. Health & Safety Code § 573.025 & 576.006, and (6) violation of Tex. Health & Safety Code § 576.025. Plaintiff is free to refile these state law claims in Texas state court. Parties Daniel Ryan Freshour, Tori Hicks, Duane C Miller, Abilene Behavioral Health, LLC and Acadia Healthcare Company, Inc. terminated. (Ordered by Judge Mary Lou Robinson on 11/21/2014) (mmg)
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Filing
163
Memorandum Opinion and Order. The Court finds that Plaintiff's claims against Congressman Robert Randolph Neugebauer are ripe for dismissal because Plaintiff has failed to perfect service on the Congressman within 120 days of the filing of his complaint. However, based on a close review of the pleadings, the Court has sua sponte decided to dismiss Plaintiff's claims against the Congressman, with prejudice, because they fail to state a claim upon which relief upon which relief can be granted. Accordingly, Plaintiff's claims against Defendant Robert Randolph Neugebauer are DISMISSED WITH PREJUDICE. Party Robert Randolph Naeugebauer terminated. (Ordered by Judge Mary Lou Robinson on 11/17/2014) (mmg)
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Filing
157
Memorandum Opinion and Order. The Motion to Dismiss filed by Defendant Betty Hardwick Center is GRANTED. Plaintiff's claims against the Defendant Betty Hardwick Center are DISMISSED WITH PREJUDICE. Party Betty Hardwick Center (local governm ental unit representing Taylor, Jones, Shackelford, Callahan and Stephens counties) terminated. re: 49 Motion to Dismiss for Failure to State a Claim, 118 MOTION to Dismiss Plaintiff's First Amended Complaint (Ordered by Judge Mary Lou Robinson on 10/31/2014) (mmg)
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