Lee v. Yazoo County, Mississippi et al

Filing 34

ORDER denying without prejudice 9 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 9/17/2012 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
TRACY LEE AS THE ADMINISTRATRIX OF
THE ESTATE OF KEITH LEE AND ON BEHALF
OF ALL WRONGFUL DEATH BENEFICIARIES
OF KEITH LEE, DECEASED
VS.

PLAINTIFFS

CIVIL ACTION NO. 5:11-cv-165(DCB)(JMR)

YAZOO COUNTY, MISSISSIPPI; TOMMY
VAUGHN, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS SHERIFF OF
YAZOO COUNTY, MISSISSIPPI, AND
JOHN AND JANE DOES 1-10

DEFENDANTS

ORDER
This cause is before the Court on defendant Yazoo County,
Mississippi’s motion to dismiss state law claims (docket entry 9).
Having carefully considered the motion, and the record in this
case, the Court finds as follows:
Defendant Yazoo County moves for dismissal of all state claims
against

it

on

grounds

of

state

governmental

entity

immunity

pursuant to the Mississippi Tort Claims Act, Miss. Code Ann. § 1146-9(1)(m).

After Yazoo County filed its motion, the plaintiffs

sought and were granted leave to amend their complaint.

Because

the complaint was amended, the Court finds that the motion to
dismiss should be denied without prejudice so that Yazoo County can
re-urge its motion specifically as to the Amended Complaint.
Accordingly,
IT

IS

HEREBY

ORDERED

that

defendant

Yazoo

County,

Mississippi’s motion to dismiss state law claims (docket entry 9)

is DENIED WITHOUT PREJUDICE.
SO ORDERED, this the 17th day of September, 2012.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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