Savage et al v. Pocomoke City Maryland et al

Filing 60

ORDER granting in part and denying in part 43 Motion to Dismiss. Signed by Judge J. Frederick Motz on 6/21/2016. (bmhs, Deputy Clerk)

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND CHAMBERS OF 101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0782 (410) 962-2698 FAX J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE June 21, 2016 MEMO TO COUNSEL RE: Franklin Savage, et al. v. Pocomoke City, et al. Civil No. JFM-16-201 Dear Counsel: I have reviewed the memoranda submitted in connection with defendants Mason, Smack, Passwaters, and Wells motion to dismiss first amended complaint. The motion (document 43) is granted in part and denied in part. It is granted as to plaintiff’s claims against the defendants in their official capacities under Section 1981 and Section 1983. The motion is also granted as to plaintiff’s retaliation claim against defendant Wells. Otherwise the motion is denied. This denial is without prejudice to defendants rearising the arguments they have made after the conclusion of discovery. Despite the informal nature of this letter, it should be flagged as an opinion and docketed as an order. Very truly yours, /s/ J. Frederick Motz United States District Judge

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