Roy et al v. Town of Barnet, The et al
| Debra Roy and Arthur Roy, Jr. |
| Lisa Bowden, William Graves, Town of Barnet, The and Gary Bunnell |
| 1:2013cv00032 |
| February 13, 2013 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| Caledonia |
| J. Garvan Murtha |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Both |
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Filing
11
RULING: Defendants' 8 motion to dismiss defendants Lisa Bowden, William Graves, and Gary Bunnell in their official capacities from the action is GRANTED. The Town of Barnet's motion to dismiss all counts is GRANTED in part and DENIED in p art: The due process claim of Count 1 is DISMISSED because Plaintiffs have no property interest in a tax abatement; the Court declines to exercise jurisdiction over Count 2 on the basis of comity; and the § 1983 claim asserted in Count 4 is DISM ISSED because Plaintiffs have not alleged an official municipal policy that caused a constitutional tort. Count 3, however, is sufficient to state a claim for a Fourth Amendment violation. Signed by District Judge J. Garvan Murtha on 6/26/2013. (wjf)
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