Robinson v. City of Tupelo, Mississippi et al

Filing 65

ORDER TERMINATING MOTION. Signed by District Judge Sharion Aycock on 2/6/2018. (adm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION CAMERON ROBINSON PLAINTIFF V. CIVIL ACTION NO.: 1:17-cv-55-SA-DAS CITY OF TUPELO, MISSISSIPPI, LEE COUNTY, MISSISSIPPI, OFFICER KAITLYN WEEKS, in her individual capacity, and CAPTAIN TIM BELL, in his individual and official capacities for injunctive and declaratory relief only DEFENDANTS ORDER TERMINATING MOTION Plaintiff filed suit on April 12, 2017 asserting that he was arrested without probable cause and that the policies of the City of Tupelo had contributed to his arrest. Days after the case management conference, Defendant Weeks moved for summary judgment, asserting that she was entitled to qualified immunity. After briefing was completed, Plaintiff moved the Court to amend his Complaint, alleging additional legal theories to support his claims against Defendant Weeks. The Court granted leave to amend, and Plaintiff added claims and legal theories under the Fourth and First Amendment. Therefore, given the additional claims against Defendant Weeks that were not fully briefed in the Parties’ filings, the Court terminates Defendants’ Motion for Summary Judgment [20] without prejudice. Defendant Weeks is given two weeks within which to file a Motion for Summary Judgment addressing Plaintiff’s claims and legal theories as alleged by the Amended Complaint or refile the original Motion for Summary Judgment as it sees appropriate. SO ORDERED this the 6th day of February, 2018. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE

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