McGraw et al v. Mejia et al
Jesse William McGraw and Paul Marone |
Eddie Mejia, Barbara Blankensee, NFN Gentry, NFN Shannon, NFN Wigginton, NFN Smith, Patricia Anthony, NFN Hoffman, NFN Thurnston, NFN Wilson and Maureen Cruz |
3:2013cv00740 |
February 14, 2013 |
US District Court for the Northern District of Texas |
Dallas Office |
Dallas |
Sam A Lindsay |
Civil Rights: Other |
28 U.S.C. ยง 1331 Federal Question: Bivens Act |
Plaintiff |
Available Case Documents
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Filing 74 MEMORANDUM OPINION AND ORDER: The court determines that the Individual Defendant established that Plaintiffs failed to exhaust their administrative remedies, and that no genuine dispute of material fact exists as to Plaintiffs' claims for (1) Fi fth Amendment "due process" violations; (2) Eighth Amendment rights violations; and (3) conspiracy to violate Plaintiffs' Fifth and Eighth Amendment rights. Accordingly, the court grants the Individual Federal Defendants' Motion f or Summary Judgment on Exhaustion of Administrative Remedies (doc. 47 ) and dismisses with prejudice this action for failure to exhaust administrative remedies. The court denies as moot the Individual Defendants' Motion to Dismiss on Qualified Immunity. Judgment will issue by separate document as required by Rule 58 of the Federal Rules of Civil Procedure. (Ordered by Judge Sam A Lindsay on 2/12/2015) (ctf) |
Filing 73 MEMORANDUM OPINION AND ORDER: The court grants Defendant United States of America's Motion to Dismiss Plaintiffs' Fourth Claim for Relief and Fifth Claim for Relief in Plaintiffs' Amended Complaint for Lack of Subject Matter Jurisdiction (doc. 50 ) and dismisses without prejudice Counts IV and V of Plaintiffs' Amended Complaint for false imprisonment and intentional infliction of emotional distress. (Ordered by Judge Sam A Lindsay on 2/11/2015) (ctf) |
Filing 38 Memorandum Opinion and Order: The court grants the 21 Individual Federal Defendants' Motion to Dismiss Counts I-IV; however, Plaintiffs have until 5/1/2014 to file an amended complaint that addresses the issues that the court previously discussed. Further, the court denies the 25 United States of America's Motion to Dismiss Count V and Count VI. (Ordered by Judge Sam A Lindsay on 4/3/2014) (axm) |
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