Salter v. Booker et al

Filing 105

ORDER ADOPTING 101 REPORT AND RECOMMENDATION as the opinion of this Court. It is ORDERED that (1) the 92 MOTION to Dismiss against United States & Monica Johnson is GRANTED & all claims against the United States & Monica Johnson are DISMISSE D; (2) the 89 MOTION to Dismiss filed by Edwin Booker is GRANTED to the extent that plaintiff's state law claim for wrongful death is DISMISSED, but the motion is DENIED w/respect to all other claims; and (3) the 90 MOTION to Dismiss filed by Jennifer Wright, Melissa Trannum, M. A. Mitchell, Greg Harrelson, Donna Cobb, Alisha Brown, Tyrone Boykin, Steve Messer, Shirley Trent is GRANTED to the extent that plaintiff's state law claim for wrongful death against Chief Deputy Boykin is DISMISSED, but that the motion is DENIED with respect to all other claims against Chief Deputy Boykin and all claims against M.A. Mitchell, Steve Messer, Alisha Brown, Greg Harrelson, Donna Cobb, Melissa Trannum, Shirley Trent & Jennifer Wright. Signed by Judge Callie V. S. Granade on 9/17/2013. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
BRENDA SALTER, as
administratrix for the Estate of
William Scott Salter,
Plaintiff,
v.
EDWIN BOOKER, et al.,
Defendants.

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) CIV. ACTION NO. 12-00174-CG-N
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ORDER
After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is
made, the recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated July 24, 2013, is ADOPTED as the opinion of this
Court. It is ORDERED that:
1.

The motion to dismiss filed by the United States and Monica

Johnson (doc. 92) is hereby GRANTED and all claims against the United
States and Monica Johnson are hereby DISMISSED pursuant to 42 U.S.C. §
233(a).
2.

The motion to dismiss filed by Defendant Sheriff Booker (doc.

89) is hereby GRANTED to the extent that plaintiff’s state law claim for
wrongful death is DISMISSED, but that the motion is hereby DENIED with
respect to all other claims.

3.

The motion to dismiss filed by Defendants Tyrone Boykin, M.A.

Mitchell, Steve Messer, Alisha Brown, Greg Harrelson, Donna Cobb, Melissa
Trannum, Shirley Trent and Jennifer Wright (doc. 90) is hereby GRANTED
to the extent that plaintiff’s state law claim for wrongful death against Chief
Deputy Tyrone Boykin is DISMISSED, but that the motion is hereby
DENIED with respect to all other claims against Chief Deputy Boykin and
all claims against M.A. Mitchell, Steve Messer, Alisha Brown, Greg
Harrelson, Donna Cobb, Melissa Trannum, Shirley Trent and Jennifer
Wright.
DONE and ORDERED this 17th day of September, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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