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, )
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