Byrd v. City of Daphne, Alabama et al

Filing 32

JUDGMENT that Dfts' 12 , 14 Motions to Dismiss are GRANTED. Claims are DISMISSED as set out. Signed by Judge Callie V. S. Granade on 3/27/2012. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAWRENCE RAGEL BYRD, : Plaintiff, : vs. : CITY OF DAPHNE, et al., : Defendants. CIVIL ACTION NO. 11-0468-CG-C : JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the Court GRANT the defendants’ motions to dismiss (Docs. 12 & 14; see also Docs. 28 & 29). To the extent Byrd’s complaint asserts a false imprisonment/arrest claim, it is due to be DISMISSED WITH PREJUDICE because it was not filed within two years of the accrual date of this claim. To the extent the complaint, along with plaintiff’s response in opposition to the motions to dismiss, should be read by the Court as asserting a malicious prosecution claim, such claim is due to be DISMISSED WITHOUT PREJUDICE due to Byrd’s failure to state a claim upon which relief can be granted. DONE and ORDERED this 27th day of March, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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