James v. City of Mobile, AL et al

Filing 26

ORDER granting 8 Motion to Dismiss; granting 10 Motion to Dismiss; granting 13 Motion to Strike. Signed by Senior Judge Charles R. Butler, Jr on 4/25/2016. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

KHZEMAR SUVADUS
JAMES,

Plaintiff,

v.

CITY OF MOBILE, AL; CITY
OF MOBILE, AL POLICE
DEPARTMENT; CHIEF OF
POLICE JAMES H. BARBER,
in his official and individual
capacities; OFFICER KEVIN
KELLEY, in his official and
individual capacities,

Defendants.

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CIVIL ACTION NO.
15-00524-CB-M

ORDER
This matter is before the Court on the following motions: (1) a motion to

dismiss filed by the City of Mobile, AL Police Department (Doc. 8); (2) a motion to
strike claims for punitive damages filed by the City of Mobile; (Doc. 13); and (3) a
motion to dismiss or, alternatively, for summary judgment filed by Chief of Police
James H. Barber (Doc. 10). In his responses (Docs. 22, 23 & 24), Plaintiff concedes
that he is not entitled to recover punitive damages against the City of Mobile and
that the City of Mobile, AL Police Department and Chief of Police James H. Barber are
not proper defendants. Therefore, the motions to dismiss and the motion to strike
are hereby GRANTED.

DONE and ORDERED this the 25th day of April, 2016.

s/Charles R. Butler, Jr.

Senior United States District Judge