Al-Asadi v. Phoenix, City of, et al
Filing
8
ORDER granting 3 Motion to Dismiss Counts/Claims. Signed by Judge David G Campbell on 2/9/2009.(NVO)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
) ) ) Plaintiff, ) ) vs. ) ) City of Phoenix, a municipality; Clint Crockett, in his individual capacity as an ) officer with the City of Phoenix Police ) ) Department; Kane Kimble, in his individual capacity as an officer with the ) City of Phoenix Police Department; and ) ) Robert Metrick, in his individual ) capacity as an officer with the City of ) Phoenix Police Department, ) ) Defendants. ) ) Abdulamir Al-Asadi, an individual,
No. CV-09-0047-PHX-DGC ORDER
Defendants Kane Kimble and Robert Metrick have filed a partial motion to dismiss counts one, two, and four of Plaintiff's first amended complaint for failure to comply with A.R.S. § 12-821.01. Dkt. #3. Plaintiff's response (Dkt. #6) and Defendants' reply (Dkt. #7) have been filed. The Court will grant the motion. Defendants Kimble and Metrick argue that Plaintiff failed to file a timely notice of claim with them individually concerning Plaintiff's claims for negligence and/or gross negligence (count one), false arrest/imprisonment (count two), and intentional infliction of emotional distress (count four). Plaintiff does not dispute this assertion. Because Defendants' motion does not request relief beyond dismissal of the individual claims asserted against Kimble and
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Metrick, the Court does not address Plaintiff's arguments concerning the City's respondeat superior liability for Kimble and Metrick's actions. IT IS ORDERED that Defendants' partial motion to dismiss counts one, two, and four of Plaintiff's first amended complaint (Dkt. #3) is granted. Counts one, two, and four of Plaintiff's first amended complaint are dismissed as against Defendants Kane Kimble and Robert Metrick. DATED this 9th day of February, 2009.
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