McCall, et al. v. Houston County, et al.

Filing 183

JUDGMENT directing that it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The motion for partial summary judgment (Doc. No. 83 ), filed by plaintiff Tracey McCall, as administratrix of the estate of Jonathan McCall, is denied; (2) T he motion for summary judgment (Doc. No. 88 ) filed by defendants Houston County, Ashley Kennedy, Keith Reed, James West is granted in part and denied in part; (3) As to defendant Houston County, summary judgment is entered in favor of defendant Ho uston County and against plaintiff McCall on the following claims, with plaintiff McCall taking nothing against defendant Houston County as to these claims: the claims under the Fourteenth Amendment, as enforced through 42 U.S.C. § 1983; Title I I of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq.; and § 504 of the Rehabilitation Act, 29 U.S.C. § 794. Because judgment has been entered in favor of defendant Houston County on all the claims against it, defendant H ouston County is terminated as a party; (4) As to defendant James West, (A) summary judgment is entered in favor of defendant West and against plaintiff McCall on the following claim, with plaintiff McCall taking nothing from defendant West as to th is claim: the claim under the Fourteenth Amendment, as enforced through 42 U.S.C. § 1983; and (B) summary judgment is denied on the following claim against defendant West, and this claim will go to trial: the claim under the State of Alabama 9;s wrongful-death statute, 1975 Ala. Code § 6-5-410; (5) As to defendant Ashley Kennedy, summary judgment is denied on the following claims against defendant Kennedy, and these claims will go to trial: the claim under the Fourteenth Amendment, as enforced through 42 U.S.C. § 1983, and the claim under the State of Alabama's wrongful-death statute, 1975 Ala. Code § 6-5-410;(6) As to defendant Keith Reed, (A) summary judgment is entered in favor of defendant Reed and against pl aintiff McCall on the following claim, with plaintiff McCall taking nothing from defendant Reed as to this claim: the claim under the Fourteenth Amendment, as enforced through 42 U.S.C. § 1983; and (B) summary judgment is denied on the following claim against defendant Reed, and this claim will go to trial: the claim under the State of Alabama's wrongful-death statute, 1975 Ala. Code § 6-5-410;The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/3/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

TRACEY MCCALL, as
)
administratrix of the
)
estate of Jonathan McCall, )
)
Plaintiff,
)
)
v.
)
)
HOUSTON COUNTY, et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
1:11cv559-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it
is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1)
No.

83),

The motion for partial summary judgment (Doc.
filed

administratrix

of

by

plaintiff

Tracey

the

estate

Jonathan

of

McCall,
McCall,

as
is

denied.
(2) The motion for summary judgment (Doc. No. 88)
filed by defendants Houston County, Ashley Kennedy, Keith
Reed, James West is granted in part and denied in part.

(3) As to defendant Houston County, summary judgment
is entered in favor of defendant Houston County and
against plaintiff McCall on the following claims, with
plaintiff McCall taking nothing against defendant Houston
County

as

Fourteenth

to

these

claims:

Amendment,

as

the

enforced

claims

under

through

42

the

U.S.C.

§ 1983; Title II of the Americans with Disabilities Act,
42

U.S.C.

§

12131

et

seq.;

and

§

504

of

the

Rehabilitation Act, 29 U.S.C. § 794. Because judgment has
been entered in favor of defendant Houston County on all
the

claims

against

it,

defendant

Houston

County

is

terminated as a party.
(4)
is

As to defendant James West, (A) summary judgment

entered

in

favor

of

defendant

West

and

against

plaintiff McCall on the following claim, with plaintiff
McCall taking nothing from defendant West as to this
claim:

the

claim

enforced

through

judgment

is

under
42

denied

the

U.S.C.
on

the

2

Fourteenth
§

1983;

Amendment,

and

following

as

(B)

summary

claim

against

defendant West, and this claim will go to trial:
claim

under

the

State

of

Alabama’s

the

wrongful-death

statute, 1975 Ala. Code § 6-5-410.
(5)
is

As to defendant Ashley Kennedy, summary judgment

denied

on

the

following

claims

against

Kennedy, and these claims will go to trial:

defendant
the claim

under the Fourteenth Amendment, as enforced through 42
U.S.C. § 1983, and the claim under the State of Alabama’s
wrongful-death statute, 1975 Ala. Code § 6-5-410.
(6)
is

As to defendant Keith Reed, (A) summary judgment

entered

in

favor

of

defendant

Reed

and

against

plaintiff McCall on the following claim, with plaintiff
McCall taking nothing from defendant Reed as to this
claim:

the

claim

enforced

through

judgment

is

under
42

denied

the

U.S.C.
on

the

Fourteenth
§

1983;

Amendment,

and

following

(B)

summary

claim

against

defendant Reed, and this claim will go to trial:
claim

under

the

State

of

Alabama’s

statute, 1975 Ala. Code § 6-5-410.

3

as

the

wrongful-death

The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 3rd day of July, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE