Golden et al v. City of Montgomery et al (MAG+)

Filing 46

ORDER ADOPTING 45 REPORT AND RECOMMENDATION of the Magistrate Judge; defs' 22 Motion to Dismiss is GRANTED in part and DENIED in part as follows: (1) The 22 Motion to Dismiss is DENIED as to Plfs 42 U.S.C. 1983 claims against the City o f Montgomery; (2) the 22 Motion to Dismiss is GRANTED as to all Plfs' official-capacity claims against the individual Defs ; (3) The 22 Motion to Dismiss is DENIED as to Plfs 42 U.S.C. 1983 claims against Officers Ramson and Roberson in the ir individual capacities; (4) The 22 Motion to Dismiss is GRANTED as to Plfs' 42 U.S.C. 1983 claims against Mayor Strange, Public Safety Director Murphy, and Police Chief Murphy in their individual capacities; (5) The 22 Motion to Dismiss is DENIED as to all Plf's state-law claims against the individual Defs in their individual capacities; further ORDERING that this case is referred back to the Mag Judge for further proceedings on the remaining claims in accordance with 28 USC 636. Signed by Chief Judge William Keith Watkins on 7/24/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MICHAEL DWANE GOLDEN
and CATHLEEN ELIZABETH
GOLDEN,
Plaintiffs,
v.
CITY OF MONTGOMERY, et al.,
Defendants.

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CASE NO. 2:14-CV-663-WKW

ORDER
On July 15, 2014, the Magistrate Judge filed a Recommendation (Doc. #
45), to which no timely objections have been filed. Upon an independent review
of the file and upon consideration of the Recommendation, it is ORDERED that
the Recommendation is ADOPTED and Defendants’ Motion to Dismiss (Doc. #
22) is GRANTED in part and DENIED in part as follows:
1.

The Motion to Dismiss (Doc. # 22) is DENIED as to Plaintiffs’ 42

U.S.C. § 1983 claims against the City of Montgomery.
2.

The Motion to Dismiss (Doc. # 22) is GRANTED as to all Plaintiffs’

official-capacity claims against the individual Defendants.

3.

The Motion to Dismiss (Doc. # 22) is DENIED as to Plaintiffs’ 42

U.S.C. § 1983 claims against Officers Ramson and Roberson in their individual
capacities.
4.

The Motion to Dismiss (Doc. # 22) is GRANTED as to Plaintiffs’ 42

U.S.C. § 1983 claims against Mayor Strange, Public Safety Director Murphy, and
Police Chief Murphy in their individual capacities.
5.

The Motion to Dismiss (Doc. # 22) is DENIED as to all Plaintiff’s

state-law claims against the individual Defendants in their individual capacities.
It is further ORDERED that this case is REFERRED back to the Magistrate
Judge for further proceedings on the remaining claims in accordance with 28
U.S.C. § 636.
DONE this 24th day of July, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE