Doe v. Tuscaloosa County Board of Education et al

Filing 26

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 1/4/2013. (JLC)

FILED
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
WESTERN DIVISION
KARA OUSLEY, an individual,
Plaintiff,
v.
TUSCALOOSA COUNTY BOARD
OF EDUCATION, et al.,
Defendants.

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Civil Action No.: CV-12-RRA-0068-W

MEMORANDUM OPINION
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
DENIED.
An appropriate order will be entered separately.

DONE this 4th day of January, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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