Mitchell v. Thomas et al

Filing 68

RULING AND ORDER granting 56 Second Motion to Dismiss for Failure to State a Claim, and Plaintiff's 42:1983 claims for retaliation, conspiracy, failure to protect, excessive/unnecessary force, and violation of prison regulations and/or state law constituting deliberate indifference, against Sgt. Clarence Roberts are DISMISSED WITH PREJUDICE. Plaintiff's state law negligence claim against Sgt. Clarence Roberts is DISMISSED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 9/24/2018. (LLH)

Sgt. Clarence Roberts’ Second Motion to Dismiss

Motion

Reply

Motion to Dismiss

Complaint for Damages
Second
Amended Complaint

Motion
Ruling and Order

Johnson v. City of Shelby, Miss.

does not impose a probability requirement

Ashcroft v. Iqbal

Twombly

Lormand, supra

Lormand

Twombly

Johnson v. City of Shelby, Miss.
Lormand v. U.S. Unwired, Inc.
Diamond Servs. Corp. v. Oceanografia, S.A De C.V

Bell Atlantic Corp. v. Twombly

Complaint
Second Amended Complaint

Second Amended Complaint

Thompson v. City of Waco, Tex
Id.

Complaint

Morris v. Powell
v. Sterling

See, Hunter

Woods v. Smith
Adams v. Rice

de minimis
Morris,
Hart v. Hairston
Jones v.
Greninger

Johnson v. Rodriguez

Woods

Report and Recommendation

Second Amended Complaint
Sgt. Thomas

Hanna v. Maxwell,

Second Amended Complaint

.

Johnson v. Rodriquez
Woods v. Smith
Reese v. Skinner
Leggett v. Williams,
Arsenaux v. Roberts
Id. quoting Hale v. Harney

citing Hale v. Townley

Second Amended Complaint

Brunson v. Nichols
Brunson

Opposition
Hale v. Harney
Brunson v. Nichols

Id.
Id.
Id.

Hay v. City of Irving, Tex

Brunson

Second Amended Complaint

Longoria v. Texas
Farmer v. Brennan
Adames v. Perez,

Adames
Id.
Farmer
Robertson
v. Gautreaux
Hare v. City of Corinth
Bell Atlantic v. Twombly

Robertson v. LeBlanc
Davidson v. Cannon

Report and Recommendation
Dismiss

First Motion to

Second Amended Complaint

Sgt. Thomas.63
Report and
Recommendation

Second Amended Complaint

citing Robertson

Second Amended Complaint

Robertson

Davidson

Granger v. Babin
Graham v. Callahan
supplemented

Farmer,

Wilkins v. Gaddy

de minimis

Second Amended Complaint

Second Amended Complaint

Report and Recommendation

Payne v. Parnell,

Woodard v. Andrus

citing Hudson v. McMillian

Second Amended Complaint

Complaints

Jenkins v. Livingston
See Payne v. Hammond City
Pierce v. Hearne Ind. Sch. Dist
Dist.
See Marucci Sports, L.L.C. v. National Collegiate Athletic Association

Calhoun v. Hargrove

Stover v. Hattiesburg Pub. Sch.

Defendant Sgt. Clarence Roberts’ Second Motion to
Dismiss84

See

S