Lomanack v. Boutwell et al

Filing 42

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

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.

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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