Threats v. Bessemer, City of et al

Filing 13

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 5/23/13. (SAC )

FILED
2013 May-23 PM 02:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHANTERIA THREATS,

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Plaintiff,
v.
CITY OF BESSEMER, et al.,
Defendants.

Case No. 2:13-cv-486-JEO

MEMORANDUM OPINION
On April 29, 2013, the magistrate judge entered his report and
recommendation (doc. 10), recommending that the court grant in part and deny in
part the Defendant City of Bessemer’s Motion to Dismiss (doc. 5). On May 13,
2013, the Defendant City of Bessemer filed objections to the magistrate judge’s
report and recommendation. (Doc. 11).
After careful consideration of the entire record in this case, including the
magistrate judge’s report and recommendation and the Defendant City of
Bessemer’s objections (doc. 11), the court hereby ADOPTS the report of the
magistrate judge. The court further ACCEPTS the recommendations of the
magistrate judge that the court GRANT IN PART and DENY IN PART the
Defendant City of Bessemer’s Motion to Dismiss. The court finds that the motion
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to dismiss is due to be DENIED to the extent that it seeks the dismissal of the
Plaintiff’s § 1983 claim against the City in its entirety. The court finds that the
Plaintiff sufficiently has pled enough in the Complaint for it to survive the
pleading stage.
The court finds that the motion is due to be GRANTED to the extent that
the law precludes the Plaintiff from recovering punitive damages from the City on
the § 1983 claim.
The court will enter a separate Order in conformity with this Memorandum
Opinion.
DONE and ORDERED this 23nd day of May, 2013.

______________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

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