Wilson v. Montano et al

Filing 162

DISMISSAL OF COUNT IX OF SARRETT PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT (DOC. 5), FILED IN CIV. NO. 11-1021 KG/SCY by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL WILSON, SR., et al.,
Plaintiffs,
vs.
DEPUTY LAWRENCE MONTANO, et al.,

Civ. No. 11-658 KG/SCY
Consolidated with
Civ. No. 11-951 KG/SCY
Civ. No. 11-1021 KG/SCY

Defendants.
DISMISSAL OF COUNT IX OF SARRETT PLAINTIFFS’
FIRST AMENDED CLASS ACTION COMPLAINT (DOC. 5),
FILED IN CIV. NO. 11-1021 KG/SCY
Having granted Defendant Joseph Vaughn’s Motion to Dismiss for Failure to State a
Claim Upon Which Relief Can be Granted and for Summary Judgment on Grounds of Qualified
Immunity and Memorandum of Law in Support Thereof (Doc. 125), filed in Civ. No. 11-658
KG/SCY, by a Memorandum Opinion and Order filed contemporaneously with this Dismissal of
Count IX of Sarrett Plaintiffs’ First Amended Class Action Complaint (Doc. 5), Filed in Civ. No.
11-1021 KG/SCY,
IT IS ORDERED that
1. the 42 U.S.C. § 1983 official capacity claims against Defendant Joe Stidham/Joseph
Vaughn raised in Count IX of Sarrett Plaintiffs’ First Amended Class Action Complaint are
dismissed without prejudice;
2. summary judgment is granted in favor of Defendant Joe Stidham/Joseph Vaughn on
the Section 1983 individual capacity claims raised in Count IX of Sarrett Plaintiffs’ First
Amended Class Action Complaint;
3. those Section 1983 individual capacity claims are dismissed with prejudice; and

4. Defendant Joe Stidham/Joseph Vaughn is terminated as a Defendant in Civ. No. 111021 KG/SCY.

_______________________________
UNITED STATES DISTRICT JUDGE