Doe v. Tuscaloosa County Board of Education et al
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 1/4/2013. (JLC)
2013 Jan-04 PM 12:54
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
KARA OUSLEY, an individual,
TUSCALOOSA COUNTY BOARD
OF EDUCATION, et al.,
Civil Action No.: CV-12-RRA-0068-W
The case comes before the court on Dr. Butch Young’s motion to dismiss pursuant to
Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 23.) On November 20, 2012,
the magistrate recommended that “the motion to dismiss be GRANTED as to all claims
against Dr. Young except the Section 1983 claims against him in his individual capacity.”
(Doc. 25, pp. 9-10.) No objection to that recommendation has been filed.
Having carefully reviewed de novo all the materials in the court file, including the
report and recommendation, the court is of the opinion that the recommendation ought to
be, and is, ACCEPTED and ADOPTED as the opinion of this court. The court specifically
finds that, except as to the Section 1983 claims made against Dr. Young in his individual
capacity, the Second Amended Complaint fails to state a claim upon which relief may be
granted. As to those claims, the motion is due to be GRANTED. Otherwise, it is due to be
An appropriate order will be entered separately.
DONE this 4th day of January, 2013.
VIRGINIA EMERSON HOPKINS
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?