Smith v. Turner et al

Filing 185

ORDER ADOPTING 170 Report and Recommendation as the opinion of this Court; granting in part and denying in part 138 motion to dismiss fourth amended complaint filed by Defendants Cochran and Oliver; granting in part and denying in part 141 motion to dismiss fourth amended complaint filed by the Mobile County Commission; and granting Defendant MCC's 141 motion to strike Plaintiff's demand for punitive damages. Signed by Senior Judge Callie V. S. Granade on 12/7/2017. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STEVEM C. SMITH, as Conservator
for B.J., a minor child,
Plaintiff,
vs.
TRAVIS TURNER, et al.,
Defendants.

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CIVIL ACTION NO. 15-0371-CG-C

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)(1)(B) dated
August 15, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that:
1. The motion to dismiss filed by Defendants Cochran and Oliver (Doc. 138) is
GRANTED; therefore, Counts XI and XII of Plaintiff’s fourth amended complaint (Doc.
134) brought against Defendants Cochran and Oliver are DISMISSED.
2. The motion to dismiss filed by the Mobile County Commission (“MCC”) (Doc.
141) is GRANTED in part and DENIED in part. MCC’s motion to dismiss Counts XIII
and XIV of Plaintiff’s fourth amended complaint is GRANTED; therefore, said Counts
are DISMISSED. MCC’s motion to dismiss Plaintiff’s claims of deliberate indifference
to serious medical needs, found in Count XI of the fourth amended complaint, is
DENIED.

3. Defendant MCC’s motion to strike (Doc. 141) is GRANTED; therefore,
Plaintiff’s demand for punitive damages is STRICKEN from the record.
DONE and ORDERED this 7th day of December, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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