Carter et al v. Diamond URS Huntsville, LLC et al
Melisa Carter and Chris Smith |
Diamond URS Huntsville, LLC, Asset Campus Housing, Inc., The City of Huntsville, Texas, Stacey Smith-Gallar and Christopher Myers |
4:2014cv02776 |
September 29, 2014 |
US District Court for the Southern District of Texas |
Houston Office |
Walker |
Melinda Harmon |
Other Civil Rights |
28 U.S.C. ยง 1441 |
Both |
Available Case Documents
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Filing 45 OPINION AND ORDER. The Court orders that Defendants Diamond URS Huntsville, LLC d/b/a the Connection at Huntsville and Asset Campus Housing Inc.s motion to join (#24) is MOOT. The Court furtherREAFFIRMS its earlier dismissal with prejudice of the s tate-law tort claims under the TTCA against Officers Stacey Smith and Christopher Myers in their individual capacities. In addition the Court ORDERS that Defendants motion to sever is DENIED. Finally, the CourtORDERS that Defendants motion to dismi ss Plaintiffs claims under § 1983 and the Fourth Amendment against the City and against the two police officers in their official capacities is GRANTED, but is DENIED with respect to § 1983/Fourth Amendment claims against Officers Christopher Myers and Stacey Smith in their individual capacities. (Signed by Judge Melinda Harmon) Parties notified.(jdav, 4) |
Filing 28 MEMORANDUM AND ORDER granting in part 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; denying 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , (Signed by Judge Melinda Harmon) Parties notified.(arrivera, 4) |
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