KD v. Wooten et al

Filing 32

ORDER-re: R&R 29 . No objections have been filed by either Pltf or Dfts. The court hereby ADOPTS the Report of the Magistrate Judge. The court futher ACCEPTS the Recommendations of the Magistrate Judge. It is therefore, ORDERED, ADJUDGED, and DEC REED that the Motion for Partial Judgment on the Pleadings 23 is due to be and hereby is GRANTED. The claims set out in this order are hereby DISMISSED WITH PREJUDICE. This dismissal shall not affect any other right, claim or cause of action which Pltf has, or may have, against any of the remaining Dfts. Signed by Judge R David Proctor on 2/5/2013. (AVC)

FILED
2013 Feb-05 AM 09:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KD, a minor child, by and through her
parents and guardians, JD and SD,
Plaintiff,
v.
MICHAEL WAYNE WOOTEN, et al.,
Defendants.

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) Case No. 2:12-cv-02734-HGD
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ORDER
On January 2, 2013, the Magistrate Judge’s Report and Recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the Magistrate Judge. No objections
have been filed by either Plaintiff or Defendants.
After careful consideration of the record in this case and the Magistrate Judge’s
Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate
Judge. The court further ACCEPTS the Recommendations of the Magistrate Judge,
and it is, therefore,
ORDERED, ADJUDGED and DECREED that the Motion for Partial
Judgment on the Pleadings filed by Defendants Birmingham Board of Education and
Aaron Moyana (Doc. #23) is due to be and hereby is GRANTED as to:
(1)

all state law claims against the Board for negligent, wanton and/or
reckless hiring, training, supervision and retention, outrage and
defamation, based on immunity;

(2)

all claims for punitive damages pursuant to 42 U.S.C. § 1983 against the
Board; and

(3)

all official capacity claims against Moyana, including all claims for
punitive damages against Moyana in his official capacity.

The claims listed above hereby are DISMISSED WITH PREJUDICE.
This dismissal shall not affect any other right, claim or cause of action which
Plaintiff has, or may have, against any of the remaining Defendants.
DONE and ORDERED this

5th

day of February, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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