Lomanack v. Boutwell et al

Filing 42

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/22/2016. (kh, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION BRIAN LOMANACK, an individual, Plaintiff, v. GREGORY BOUTWELL, in his official capacity as Fire Chief for the City of Ozark, Alabama and in his individual capacity, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:15cv122-MHT (WO) OPINION This case stems from an ATV accident. Pursuant to 42 U.S.C. § 1983 and Alabama law, plaintiff filed this lawsuit contending that his injuries in the accident were worsened by delay emergency helicopter defendant fire valid reason chief because in the dispatching transport; he cancelled the he was claims that dispatch intoxicated, of for that an the no the defendant emergency dispatcher wrongfully granted the fire chief’s request, and liable for their acts. court on the that their employers are This lawsuit is now before the recommendation of the United States Magistrate Judge that the motions to dismiss filed by defendant City of Ozark, Alabama and defendant Ozark-Dale County E-911 Board, Inc. each be granted in part and denied in part. city’s objections to Also before the court are the the recommendation. After an independent and de novo review of the record, the court concludes that city’s objections should be overruled and the magistrate judge’s recommendation adopted. An appropriate judgment will be entered. DONE, this the 22nd day of March, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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