Galloway v. City of Abbeville, Alabama et al

Filing 37

ORDER that Galloway's Motion for Reconsideration 33 is DENIED. Signed by Honorable Judge Mark E. Fuller on 7/23/2012. (jg, )

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

BRYSON GALLOWAY,
Plaintiff,
v.

Case No. 1:11-cv-663-MEF
(WO)

JOHN K. BABINSKI, et al.,
Defendants.

O RDER
After the Court entered a Memorandum Opinion and Order dismissing some of
Bryson Galloway’s claims (ECF No. 32), Galloway filed a Motion for Reconsideration
(ECF No. 33). In his motion, Galloway argues that the Court improperly dismissed his
state law claims against one of the defendants, John Duhaime, because he only conceded
that the claims should have been dismissed against one of the other defendants, the City
of Abbeville. From there he asks the Court to reinstate the state law claims against
Duhaime.
Galloway is correct that he did not explicitly concede the state law claims against
Duhaime like he did with the City. But he failed to contest the sovereign immunity
arguments raised by Duhaime in his motion to dismiss. Thus he abandoned those claims.
And either way, Alabama’s Constitution grants Duhaime absolute immunity from suit
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under state law. Ala. Const. of 1901, art. 1, § 14; Ex parte Davis, 930 So. 2d 497, 500
(Ala. 2005) (dismissing state law claims against sheriff’s deputy based on absolute
immunity granted in Alabama Constitution). So even if the state law claims against
Duhaime were dismissed for the wrong reason (which is arguable since he implicitly
conceded the point by not addressing Duhaime’s arguments), they were still properly
dismissed. Accordingly, it is hereby ORDERED that Galloway’s Motion for
Reconsideration (ECF No. 33) is DENIED.
rd

Done this the 23 day of July, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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