Lomanack v. Boutwell et al

Filing 43

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant City of Ozark, Alabama's 41 objections are overruled. (2) The United States Magistrate Judge's 39 recommendation is adopted. (3) Defendant City of Oz ark, Alabama's 11 motion to dismiss is granted in part and denied in part, as follows: (a) The motion to dismiss is granted with prejudice as to the plaintiff's claims against unnamed, fictitious parties; plaintiff's claims for punit ive damages and wantonness against defendant City of Ozark; and plaintiff's claims against defendant Gregory Boutwell in his official capacity. (b) The motion to dismiss is granted without prejudice as to plaintiff's claims against defendan t City of Ozark in Counts I-IV and as to his claims against defendant City of Ozark for negligent supervision, training, and evaluation. (c) The motion to dismiss is denied as to plaintiff's state-law negligence claims against the defendant City of Ozark based on the doctrine of respondeat superior. (4) Defendant Ozark-Dale County E-911 Board, Inc.'s 16 motion to dismiss is granted in part and denied in part, as follows: (a) The motion to dismiss is granted without prejudice as to pla intiff's claims against defendant Ozark-Dale County E-911 Board in Counts I-V. (b) The motion to dismiss is denied as to plaintiff's state-law claims against defendant Ozark-Dale County E-911 Board for punitive damages or damages in excess of $ 100,000.00. No parties are dismissed or terminated. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/22/2016. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant City of Ozark, Alabama’s objections
(doc. no. 41) are overruled.
(2) The

United

States

Magistrate

recommendation (doc. no. 39) is adopted.

Judge's

(3) Defendant City of Ozark, Alabama’s motion to
dismiss (doc. no. 11) is granted in part and denied in
part, as follows:
(a)

The

motion

to

dismiss

is

granted

with

prejudice as to the plaintiff’s claims against unnamed,
fictitious

parties;

plaintiff’s

claims

for

punitive

damages and wantonness against defendant City of Ozark;
and

plaintiff’s

claims

against

defendant

Gregory

Boutwell in his official capacity.
(b) The motion to dismiss is granted without
prejudice as to plaintiff’s claims against defendant
City

of

Ozark

against

in

Counts

defendant

I-IV

City

of

and

as

Ozark

to

his

for

claims

negligent

supervision, training, and evaluation.
(c) The
plaintiff’s
defendant

motion

state-law

City

of

to

dismiss

negligence

Ozark

based

respondeat superior.

2

is

claims
on

the

denied

as

against
doctrine

to
the
of

(4) Defendant Ozark-Dale County E-911 Board, Inc.’s
motion to dismiss (doc. no. 16) is granted in part and
denied in part, as follows:
(a) The motion to dismiss is granted without
prejudice as to plaintiff’s claims against defendant
Ozark-Dale County E-911 Board in Counts I-V.
(b) The

motion

to

dismiss

is

denied

as

to

plaintiff’s state-law claims against defendant OzarkDale County E-911 Board for punitive damages or damages
in excess of $ 100,000.00.
No parties are dismissed or terminated.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is referred back to the United States
Magistrate Judge for further proceedings.
DONE, this the 22nd day of March, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE