Shortz v. City of Phenix City, Alabama et al (MAG+)

Filing 50

ORDER directing that, after an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of that the United States Magistrate Judge's recommendation (doc. no. 46 ) is adopted as follows: (1) Defendants Ray Smith and Mi chele Kilday's motion to dismiss (doc. no. 38 ) is granted to the extent they have been sued in their official capacities; (2) Defendants Smith and Kilday's motion to dismiss (doc. no. 38 ) is denied to the extent they have been sued in their individual capacities for a First Amendment violation; (3) This case is referred back to the magistrate judge for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on March 16, 2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
JAMES H. SHORTZ,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
RAY SMITH AND MICHELE
KILDAY,
Defendants.

CIVIL ACTION NO.
3:14cv612-MHT
(WO)

ORDER
After an independent and de novo review

of the

record, it is the ORDER, JUDGMENT, and DECREE of that
the

United

States

Magistrate

Judge's

recommendation

(doc. no. 46) is adopted as follows:
(1) Defendants
motion

to

extent

dismiss

they

have

Ray

Smith

(doc.

no.

been

and
38)

sued

Michele
is

in

Kilday’s

granted
their

to

the

official

capacities.
(2) Defendants Smith and Kilday’s motion to dismiss
(doc. no. 38) is denied to the extent they have been
sued

in

their

individual

Amendment violation.

capacities

for

a

First

(3) This case is referred back to the magistrate
judge for further appropriate proceedings.
DONE, this the 16th day of March, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE