Allen v. Gantt et al

Filing 21

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS re 10 MOTION to Dismiss filed by The City of Marion. It is recommended that the motion to dismiss filed by the City of Marion be granted with respect to the claims asserted against it in Counts Three, Four, Six, Seven and Eight but denied as to the claims asserted in Counts One, Two and Five. Signed by Judge Kristi K. DuBose on 12/21/10. copies to parties. (sdb)

Allen v. Gantt et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TAMELA ALLEN, Plaintiff, vs. THE CITY OF MARION, ALABAMA, and DONALD GANTT, Defendants. ) ) ) ) ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that the City of Marion's motion to dismiss is GRANTED, in part, and DENIED, in part. Accordingly, Count Three for assault and battery, Count Four for battery, Count Six for negligent training, Count Seven for intentional infliction of emotional distress and Court Eight for outrage against the City of Marion are dismissed. The motion to dismiss is denied as to Count One for false arrest, Count Two for unreasonable search, and Count Five for negligent supervision against the City of Marion. DONE this 21st day of December, 2010. s / Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE Civil Action No. 10-00474-KD-N

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