Lancaster v. City of Biloxi et al

Filing 32

ORDER re 26 MOTION for Summary Judgment. Ordered that the City of Biloxi's Motion for Summary Judgment as to any and all claims asserted by the Plaintiff for municipal liability pursuant to 42 USC 1983 is granted and those claims are dism issed with prejudice. Ordered that the City of Biloxi's Motion for Summary Judgment as to any claims asserted by Plaintiff pursuant to 42 USC 1983 for alleged failure to train and supervise is granted and those claims are dismissed with prejudic e. Ordered that the City of Biloxi is entitled to summary judgment as to any claims asserted by Sean Lancaster pursuant to the Mississippi Tort Claims Act and those claims are hereby dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 2/17/21. (JCH)

Case 1:20-cv-00095-HSO-RPM Document 32 Filed 02/17/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSPPI
SOUTHERN DIVISION
SEAN LANCASTER
vs.

PLAINTIFF
No. 1:20-CV-0095-HSO-RPM

CITY OF BILOXI
PATRICK J. GOTTE, INDIVIDUALLY
AND IN HIS REPRESENTATIVE CAPACITY;
JOHN MILLER, CHIEF OF POLICE, CITY OF BILOXI

DEFENDANTS

ORDER GRANTING CITY OF BILOXI’S
MOTION FOR SUMMARY JUDGMENT
THIS MATTER came before the Court on a Motion for Summary Judgment
[ECF Dkt. #26] filed on behalf of the City of Biloxi pursuant to Rule 56 of the Federal
Rules of Civil Procedure, and the Court, having reviewed the Response submitted on
behalf of the Plaintiff, Sean Lancaster [ECF Dkt. #29] and noting that Lancaster
concedes that the City of Biloxi is entitled to judgment as a matter of law as to any
claim he has asserted for municipal liability or failure to adequately train and
supervise pursuant to 42 U.S.C. § 1983, and further that he has withdrawn and
dismissed any claims asserted as to the City of Biloxi under the Mississippi Tort
Claims Act, and the Court finds that the City of Biloxi is entitled to judgment as a
matter of law as to all claims in this cause.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the City of
Biloxi’s Motion for Summary Judgment as to any and all claims asserted by the
Plaintiff for municipal liability pursuant to 42 U.S.C. § 1983 is hereby granted and

Case 1:20-cv-00095-HSO-RPM Document 32 Filed 02/17/21 Page 2 of 2

those claims are hereby dismissed with prejudice.
IT IS, FURTHER, ORDERED AND ADJUDGED that the City of Biloxi’s
Motion for Summary Judgment as to any claims asserted by Sean Lancaster
pursuant to 42 U.S.C. § 1983 for alleged failure to train and supervise is hereby
granted and those claims are hereby dismissed with prejudice.
IT IS, FURTHER, ORDERED AND ADJUDGED that the City of Biloxi is
entitled to summary judgment as to any claims asserted by Sean Lancaster pursuant
to the Mississippi Tort Claims Act and those claims are hereby dismissed with
prejudice.
SO ORDERED this the 17th day of February, 2021.

s/ Halil Suleyman Ozerden

HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE
Prepared by:
J. HENRY ROS, ESQUIRE
Mississippi Bar Number 5668
CURRIE JOHNSON & MYERS, P.A.
Attorneys at Law
925 Tommy Munro Drive, Suite H
Biloxi, Mississippi 39532
[phone]
[phone] fax
[e-mail]

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