POTTER v. DOOLY COUNTY GEORGIA et al
ORDER DENYING as moot 21 Motion for Judgment on the Pleadings; DENYING as moot 22 Motion for Judgment on the Pleadings. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/30/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
DOOLY COUNTY, et al.,
CIVIL ACTION NO. 5:14-CV-315(MTT)
After substantial discovery had been conducted, the Defendants moved for
judgment on the pleadings. (Docs. 21-22). Shortly thereafter, the Defendants moved
for summary judgment. (Doc. 37). Based on the summary judgment record, it is
apparent that some of the allegations of the Plaintiff’s amended complaint regarding her
First Amendment claim are no longer, well, operative. For example, the Plaintiff alleged
in the amended complaint that Don Williford told her she was “banned from the LEC as
a result of the support she and her husband gave to [Lucius Van] Peavy’s challenger”
and thus would not receive a fulltime position. (Doc. 35, ¶ 29). According to the
summary judgment record, the Plaintiff no longer contends that Williford made this
precise statement. Further, at her deposition, Defendants’ counsel directly asked the
Plaintiff on “what evidence” she based her conclusion that Van Peavy banned her out of
spite for her supporting his challenger. (Doc. 37-17 at 83:9-14). The Plaintiff simply
responded that “[t]here was no other reason to ban me from the LEC” and that “[i]t was
the particular time, series of events to get to that point, talking to [Williford].” (Id. at
83:15-18). But again, the summary judgment record does not support the Plaintiff’s
allegation that Williford ever said that Van Peavy banned her as a result of her political
support for his challenger.
It is not clear why the Defendants waited until they did to move for judgment on
the pleadings, but it makes little sense to rule on those motions when the summary
judgment record suggests that the facts have changed, to the Plaintiff’s detriment.
Accordingly, the Defendants’ motions for judgment on the pleadings are DENIED as
SO ORDERED, this 30th day of March, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?