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

Filing 67

OPINION AND ORDER directing as follows: (1) The 53 motion to dismiss is granted as to defendant Andy Hughes and said defendant is terminated as a party, as further set out; (2) Said motion is denied as to defendant Keith Reed, as further set out. Signed by Honorable Judge Myron H. Thompson on 3/29/13. (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
and as Guardian Ad Litem
of the minor child of
Jonathan McCall,
Plaintiff,
v.
HOUSTON COUNTY, et al.,
Defendants.

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

OPINION AND ORDER
It is ORDERED as follows:
(1) The motion to dismiss (Doc. No. 53) is granted as
to defendant Andy Hughes and said defendant is terminated
as a party.
Houston

Even if Sheriff Hughes’s failed to run the

County

Sheriff’s

Department

as

alleged,

the

complaint’s conclusory allegations are insufficient to show
that

these

claimed.

failings

were

responsible

for

the

damages

(2) Said motion is denied as to defendant Keith Reed.
The complaint alleges that Jailer Reed was on duty, heard
the decedent’s calls for medical help, and was deliberately
and intentionally indifferent. The complaint is sufficient
to allege federal and state claims of failure to provide
medical

needs

or

services.

Reed

is

not

entitled

to

‘qualified immunity,’ for “the state of the law ... gave
[them] fair warning that their alleged treatment of [the
Porters] was unconstitutional.”

Hope v. Pelzer, 536 U.S.

730, 740 (2002); nor is he entitled to ‘absolute immunity’
under state law, for “jailers are not entitled to absolute
immunity under Art. I, § 14 of the Alabama Constitution,”
LeFrere v. Quezada, 588 F.3d 1317 (11th Cir. 2009); nor is
he

entitled

to

state-agent

immunity

in

light

of

the

allegations that his conduct was wilful and in bad faith.
Ex parte Cranman, 792 So.2d 392 (Ala. 2000).
assumes

that

Reed

has

been

sued

in

his

The court
‘individual

capacity’ only.
DONE, this the 29th day of March, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE