Lewis v. McCall et al

Filing 28

ORDER: it is ORDERED as follows: 1. The 26 Recommendation of the Magistrate Judge is ADOPTED; and 2. The 8 Motion to Dismiss filed by Defendants Hugh McCall, Sergeant McWaters, Lieutenant Suzanne Capps, Captain Ron Short, and Major Kerry Chapman is GRANTED in part and DENIED in part. The Motion is GRANTED with respect to Plaintiffs' § 1983 claims for damages against Defendants in their official capacities. The Motion is DENIED in all other respects. Signed by Chief Judge William Keith Watkins on 3/3/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
MORRIS LEWIS, et al.,

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) CASE NO. 3:15-CV-112-WKW
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Plaintiffs,
v.
HUGH MCCALL, et al.,
Defendants.

ORDER
On February 5, 2016, the Magistrate Judge filed a Recommendation in this
case to which no timely objections have been filed.

(Doc. # 26.)

Upon an

independent review of the file in this case and upon consideration of the
Recommendation of the Magistrate Judge, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 26) is

ADOPTED; and
2.

The Motion to Dismiss filed by Defendants Hugh McCall, Sergeant

McWaters, Lieutenant Suzanne Capps, Captain Ron Short, and Major Kerry
Chapman (Doc. # 8) is GRANTED in part and DENIED in part. The Motion is
GRANTED with respect to Plaintiffs’ § 1983 claims for damages against
Defendants in their official capacities.
respects.

The Motion is DENIED in all other

DONE this 3rd day of March, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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