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, )

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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

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