Lomanack v. Boutwell et al

Filing 96

AMENDED JUDGMENT: it is ORDERED that the 43 Judgment entered on 3/22/2016, is revised to the extent that subparagraphs (a) and (b) of paragraph 3 are replaced with the following language: (a) The motion to dismiss is granted with prejudice only as to plf's claims against unnamed, fictitious parties, and plf's claims under Alabama law for punitive damages and wantonness against dft City of Ozark; (b) The motion to dismiss is granted without prejudice, and with leave to amend, as to pl f's Fourteenth Amendment claims against dft Gregory Boutwell; plf's claims against dft City of Ozark in Counts I-IV; and plf's claims against dft City of Ozark for negligent supervision, training, and evaluation. Signed by Honorable Judge Myron H. Thompson on 4/17/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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)

AMENDED JUDGMENT
In accordance with Federal Rule of Civil Procedure
54(b), it is ORDERED that the judgment (doc. no. 43)
entered on March 22, 2016, is revised to the extent
that

subparagraphs

(a)

and

(b)

of

paragraph

3

are

replaced with the following language:
(a)
prejudice
unnamed,

The

only

motion
as

fictitious

to

to

dismiss

plaintiff’s

parties,

and

is

granted

claims

plaintiff’s

with

against
claims

under Alabama law for punitive damages and wantonness
against defendant City of Ozark.
(b) The motion to dismiss is granted without
prejudice, and with leave to amend, as to plaintiff’s
Fourteenth Amendment claims against defendant Gregory
Boutwell; plaintiff’s claims against defendant City of
Ozark in Counts I-IV; and plaintiff’s claims against
defendant

City

of

Ozark

for

negligent

supervision,

training, and evaluation.
DONE, this the 17th day of April, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE