Terry, et al. v. Russell County Board of Education, et al. (JOINT ASSIGN)(MAG+)

Filing 101

ORDERED as follows: 1) Plfs' 98 Objection is OVERRULED; 2) The 92 Recommendation and the 97 Supplemental Recommendation are ADOPTED; 3) Dfts' 96 Objection is moot; 4) Dft Ken Davis's 60 Motion to Dismiss First Amended Complai nt is GRANTED and all claims against Ken Davis are DISMISSED; 5) Dft Russell County Department of Human Resources' 63 Motion to Dismiss Amended Complaint is GRANTED and all claims against Russell County Department of Human Resources are DISMIS SED; 6) Dft Lizzie Thomas's 66 Motion to Dismiss Amended Complaint is GRANTED and all claims against Lizzie Thomas are DISMISSED; 7) The 68 Motion to Dismiss Plfs' Amended Complaint, filed by Dfts Heath Taylor and Bob Atkin, is GRANTED and all claims against Dfts Heath Taylor and Bob Atkin are DISMISSED; 8) The 90 Amended Motion to Dismiss is DENIED as to the claims under Count One (excessive force/corporal punishment), Count Five (failure to protect), and Count Twelve (denial of procedural due process) against Dft Russell County Board of Education and against Dfts Keith Mitchell, Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliot, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy Pugh, Shawn Taylor, and Mike Green in th eir individual capacities; 9) Dft Shawn Taylor's 90 Amended Motion to Dismiss Counts Two and Three (Assault and Battery) is DENIED; 10) The 90 Amended Motion to Dismiss is otherwise GRANTED as to the claims against Dft Russell County Board o f Education and the remaining individual-capacity claims against Dfts Keith Mitchell, Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliot, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy Pugh, Charles Johnson, Shawn Taylor, Mike Green, Vantreise Davis, Barry Kirby, Vivian Relf, Ricky Martin, and Jacqueline Grant; 11) The 90 Amended Motion to Dismiss the official-capacity claims against Dfts Keith Mitchell, Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliot, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy Pugh, Shawn Taylor, and Mike Green is GRANTED; 12) Plfs Edward J. Terry, Sr., and Dymphia M. Terry are DISMISSED as Plfs in this action; 13) Dfts Ken Davis, Russell County Department of Human Resources, Lizzie Thomas, Vivian Re lf, Ricky Martin, Jacqueline Grant, Heath Taylor, and Bob Atkin are DISMISSED as Dfts in this action; 14) Dfts' 70 Motion to Dismiss is DENIED as moot; 15) This action is REFERRED back to the Magistrate Judge on Plf Edward J. Terry, Jr.'s remaining claims against the Russell County Board of Education and the remaining individual-capacity claims against the Russell County Board members (i.e., Keith Mitchell, Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliott, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy Pugh, and Charles Johnson), Shawn Taylor, Mike Green, Vantreise Davis, and Barry Kirby. Signed by Chief Judge William Keith Watkins on 12/9/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
EDWARD J. TERRY, SR., et al.,
Plaintiffs,
v.
RUSSELL COUNTY BOARD OF
EDUCATION, et al.,
Defendants.

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CASE NO. 3:14-CV-953-WKW
[WO]

ORDER
On September 28, 2015, the Magistrate Judge filed a Recommendation
(Doc. # 92), and on November 2, 2015, the Magistrate Judge filed a Supplemental
Recommendation in response to the objection filed by Defendants Heath Taylor
and Bob Atkin (incorrectly designated in the governing complaint as “Adkins”).
On November 16, 2015, Plaintiffs filed an Objection to the Magistrate Judge’s
Recommendation and Supplemental Recommendation. (Doc. # 98.) The court has
conducted an independent and de novo review of those portions of the
Recommendations to which Plaintiffs object. See 28 U.S.C. § 636(b). Plaintiffs
present no arguments that cure the deficiencies of fact and law that the Magistrate
Judge elaborated upon in the Recommendation, as later supplemented.

Accordingly, it is ORDERED as follows:
1.

Plaintiffs’ Objection (Doc. # 98) is OVERRULED.

2.

The

Recommendation

(Doc.

#

92)

and

the

Supplemental

Recommendation (Doc. # 97) are ADOPTED.
3.

Defendants’ Objection (Doc. # 96) is moot.

4.

Defendant Ken Davis’s Motion to Dismiss First Amended Complaint

(Doc. # 60) is GRANTED and all claims against Ken Davis are DISMISSED;
5.

Defendant Russell County Department of Human Resources’ Motion

to Dismiss Amended Complaint (Doc. # 63) is GRANTED and all claims against
Russell County Department of Human Resources are DISMISSED;
6.

Defendant Lizzie Thomas’s Motion to Dismiss Amended Complaint

(Doc. # 66) is GRANTED and all claims against Lizzie Thomas are DISMISSED;
7.

The Motion to Dismiss Plaintiffs’ Amended Complaint (Doc. # 68),

filed by Defendants Heath Taylor and Bob Atkin, is GRANTED and all claims
against Defendants Heath Taylor and Bob Atkin are DISMISSED.
8.

The Amended Motion to Dismiss (Doc. # 90) is DENIED as to the

claims under Count One (excessive force/corporal punishment), Count Five
(failure to protect), and Count Twelve (denial of procedural due process) against
Defendant Russell County Board of Education and against Defendants Keith
Mitchell, Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliot, Larry Laney,
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Eugenia Upshaw, Joseph Williams, Tommy Pugh, Shawn Taylor, and Mike Green
in their individual capacities (Doc. # 90).
9.

Defendant Shawn Taylor’s Amended Motion to Dismiss (Doc. # 90)

Counts Two and Three (Assault and Battery) is DENIED.
10.

The Amended Motion to Dismiss (Doc. # 90) is otherwise

GRANTED as to the claims against Defendant Russell County Board of Education
and the remaining individual-capacity claims against Defendants Keith Mitchell,
Kenneth Barnes, Jerry Wayne Carpenter, Dillie Elliot, Larry Laney, Eugenia
Upshaw, Joseph Williams, Tommy Pugh, Charles Johnson, Shawn Taylor, Mike
Green, Vantreise Davis, Barry Kirby, Vivian Relf, Ricky Martin, and Jacqueline
Grant.
11.

The Amended Motion to Dismiss (Doc. # 90) the official-capacity

claims against Defendants Keith Mitchell, Kenneth Barnes, Jerry Wayne
Carpenter, Dillie Elliot, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy
Pugh, Shawn Taylor, and Mike Green is GRANTED.
12.

Plaintiffs Edward J. Terry, Sr., and Dymphia M. Terry are

DISMISSED as Plaintiffs in this action.
13.

Defendants Ken Davis, Russell County Department of Human

Resources, Lizzie Thomas, Vivian Relf, Ricky Martin, Jacqueline Grant, Heath
Taylor, and Bob Atkin are DISMISSED as Defendants in this action.
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14.

Defendants’ Motion to Dismiss (Doc. # 70) is DENIED as moot.

15.

This action is REFERRED back to the Magistrate Judge on Plaintiff

Edward J. Terry, Jr.’s remaining claims against the Russell County Board of
Education and the remaining individual-capacity claims against the Russell County
Board members (i.e., Keith Mitchell, Kenneth Barnes, Jerry Wayne Carpenter,
Dillie Elliott, Larry Laney, Eugenia Upshaw, Joseph Williams, Tommy Pugh, and
Charles Johnson), Shawn Taylor, Mike Green, Vantreise Davis, and Barry Kirby.
DONE this 9th day of December, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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