Pittman v. State Farm Fire and Casualty Insurance Company, et al. (JOINT ASSIGN)

Filing 93

OPINION. Signed by Honorable Judge Myron H. Thompson on 12/14/15. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WINDHAM TODD PITTMAN,

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Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY INSURANCE
COMPANY; et al.,
Defendants.

CIVIL ACTION NO.
2:14cv959-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit claiming that defendants--his former girlfriend, a
sheriff’s deputy, an insurance company, its employee, and
its

lawyers--conspired

against

him

to

violate

his

constitutional rights by subjecting him to a malicious
prosecution and presenting a false affidavit in support of
a search-warrant request.

Plaintiff also brought a number

of state-law claims based on the same allegations.
defendant, Teresa Spence, is pro se.
before

the

court

on

the

One

This lawsuit is now

recommendation

of

the

United

States Magistrate Judge that the motions to dismiss filed

by the represented defendants be granted, that the federal
claims against them be dismissed with prejudice, and that
the state-law claims against them be dismissed without
prejudice, and with leave to refile in state court.
before

the

court

recommendation.

are

the

parties’

objections

to

Also
the

Pro se defendant Teresa Spence’s motion

to dismiss is before the court as well.

(While her motion

to dismiss was made in answer to the original complaint,
the

allegations

against

her

in

both

the

original

and

amended complaints are essentially the same, and, in any
event, the plaintiff has not made an issue of the court’s
consideration of Spence’s motion to dismiss.)

After an

independent and de novo review of the record, the court
concludes that the objections should be overruled, the
magistrate judge’s recommendation adopted, and the motions
to dismiss granted.
An appropriate judgment will be entered.
DONE, this the 14th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE