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)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] 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