Kirkpatrick v. Geneva County Board of Education et al

Filing 34

ORDER that: (1) The defendants' motions to dismiss (doc. nos. 7 , 10 , 12 ) are set for submission without oral argument on 7/21/2014. (2) The parties are allowed until 7/21/2014, to file briefs addressing Lane v. Franks, --- S.Ct. ----, 2014 WL 2765285 (2014). (3) Plaintiff Donna Kirkpatrick is ordered to show cause, if there be any, why defendants Becky Birdsong and William David Snell should not be dismissed in their individual capacities under the clearly established prong of the doc trine of qualified immunity. Kirkpatrick shall file her response, including citations to any relevant caselaw, on or before 7/21/2014. (4) Insofar as they rely on the doctrine of res judicata, the defendants motions to dismiss (doc. nos. 7 , 10 , a nd 12 ) are hereby converted into motions for summary judgment pursuant to Fed. R. Civ. P. 12(d) and set for submission without oral argument on 7/21/2014. The parties are allowed until 7/21/2014 to submit additional briefing and evidence if they so desire. Signed by Honorable Judge Myron H. Thompson on 7/10/2014. (dmn, )

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

DONNA KIRKPATRICK,
Plaintiff,
v.
GENEVA COUNTY BOARD OF
EDUCATION, et al.
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
1:14cv171-MHT
(WO)

ORDER
It is ORDERED that:
(1) The defendants’ motions to dismiss (doc. nos. 7,
10, and 12) are set for submission without oral argument
on July 21, 2014.
(2) The parties are allowed until July 21, 2014, to
file briefs addressing Lane v. Franks, --- S.Ct. ----,
2014 WL 2765285 (2014).
(3) Plaintiff Donna Kirkpatrick is ordered to show
cause, if there be any, why defendants Becky Birdsong and
William David Snell should not be dismissed in their

individual capacities under the ‘clearly established’
prong of the doctrine of qualified immunity.
shall

file

her

response,

including

Kirkpatrick

citations

to

any

relevant caselaw, on or before July 21, 2014.
(4) Insofar as they rely on the doctrine of res
judicata, the defendants’ motions to dismiss (doc. nos.
7, 10, and 12) are hereby converted into motions for
summary judgment pursuant to Fed. R. Civ. P. 12(d) and
set for submission without oral argument on July 21,
2014.

The parties are allowed until July 21, 2014, to

submit

additional

desire.

briefing

and

evidence

if

they

so

See Herron v. Beck, 693 F.2d 125 (11th Cir.

1982).
DONE, this the 10th day of July, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE