Lomanack v. Boutwell et al

Filing 112

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that: 1) The parties' 100 , 101 , 102 , and 103 objections are sustained in part and overruled in part; 2) The magistrate judge's 99 recommendation is rejected in part a nd adopted in part; 3) Dft City of Ozark, Alabama's, dft Jessica Cauthen's, and dft Ozark-Dale County E-911 Board's 67 , 73 , and 78 motions to dismiss are granted and said dfts are dismissed and terminated; 4) Dft Gregory Boutwell 's 70 motion to dismiss is granted as the federal claim against him; the federal claim against him is dismissed; and said motion is denied as to state claims against him; The case will proceed as the state claims against dft Boutwell; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 11/25/2019. (Attachments: # 1 Civil Appeals Checklist)(amf, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
VICKY SANDERS, as
Guardian of Brian
Lomanack, an Incapacitated
Person,
Plaintiff,
v.
GREGORY BOUTWELL, et al.,
Defendants.

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CIVIL ACTION NO.
1:15cv122-MHT
(WO)

JUDGMENT
In accordance with the opinion entered today, it is
the ORDER, JUDGMENT, and DECREE of the court that:
(1) The parties’ objections (doc. nos. 100, 101, 102,
and 103) are sustained in part and overruled in part.
(2) The magistrate judge’s recommendation (doc. no.
99) is rejected in part and adopted in part.
(3) Defendant City of Ozark, Alabama’s, defendant
Jessica Cauthen’s, and defendant Ozark-Dale County E-911
Board’s motions to dismiss (doc. nos. 67, 73, and 78) are
granted and said defendants are dismissed and terminated.

(4) Defendant Gregory Boutwell’s motion to dismiss
(doc. no. 70) is granted as the federal claim against
him; the federal claim against him is dismissed; and said
motion is denied as to state claims against him.

The

case will proceed as the state claims against defendant
Boutwell.
This case is not closed.
DONE, this the 25th day of November, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE