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)

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