Moss et al v. Mackey et al

Filing 61

JUDGMENT in favor of Town of Maggie Valley, Jeffrey N. Mackey, R. Thomas Alexander, Scott Sutton against James David Moss, James Lloyd Moss. Signed by Magistrate Judge Dennis Howell on 10/1/08. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07cv135 JAMES DAVID MOSS; MARTHA GEAN MOSS; and JAMES LLOYD MO S S , ) ) ) ) Plaintiffs, ) ) Vs. ) ) JEFFREY N. MACKEY, Individually ) and as an Officer of the Maggie Valley ) Police Department, SCOTT SUTTON, ) Individually and as Chief of the Maggie ) Valley Police Department, MAGGIE ) VALLEY POLICE DEPARTMENT, ) TOWN OF MAGGIE VALLEY, ) BRIAN E. SIZEMORE, Individually ) and as a Deputy of the Haywood ) County Sheriff's Department, R. TOM ) ALEXANDER, as Sheriff of the ) Haywood County Sheriff's ) Department; and HAYWOOD COUNTY ) SHERIFF'S DEPARTMENT, ) HAYWOOD COUNTY, ) ) Defendants. ) _______________________________ )

JUDGMENT

THIS MATTER having come before the court on the defendants' Motion for Summary Judgment, the supporting and opposing memoranda of law, the defendants' Reply, and exhibits, and the court having determined that no genuine issue of material fact remains for trial and that defendants are entitled to judgment on all claims as a matter of law,

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IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that defendants' Motion for Summary Judgment is GRANTED, plaintiffs' Complaint is DISMISSED with prejudice in its entirety, and JUDGMENT is entered providing that plaintiffs have and take nothing of these defendants.

Signed: October 1, 2008

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