Lyons et al v. Jacobs et al
ORDER denying 10 Motion to Dismiss. Signed by Judge Algenon L. Marbley on 9/20/2017. (cw)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
RANDALL LYONS, et al.,
KIM JACOBS, et al.,
Case No. 2:16-cv-813
JUDGE ALGENON L. MARBLEY
Magistrate Judge Vascura
OPINION & ORDER
This matter is before the Court on Defendants’ Motion to Dismiss Plaintiffs’ First
Amended Complaint for failure to state a claim. (Doc. 10.) For the reasons detailed below,
Defendants’ Motion is DENIED.
I. FACTUAL & PROCEDURAL BACKGROUND
Plaintiffs Randall Lyons, Anthony Johnson, and Douglas Jones are all currently
employed as officers with the Columbus Division of Police (the “Division”). (Am. Compl., Doc.
9, ¶ 8.)
All three Plaintiffs have been subject to administrative investigations for alleged
(See id. ¶¶ 16–19.)
During the course of those administrative investigations,
Plaintiffs were placed on restricted duty and required to report to “580” (the site at police
headquarters where officers under internal investigation are stationed). (See id. ¶¶ 9, 21.)
According to Plaintiffs, “[n]o reasonable officer would want to be assigned to 580.”
(Id. ¶ 13.) Not only are officers assigned to “580” required to report “to a large room surrounded
by glass walls and hallways subject to heavy foot traffic” so that they will feel “humiliated by the
experience,” but officers on restricted duty are also “functionally demoted” in that they are
“prevented from doing their normal jobs, deprived of their badges and guns, and denied
significant opportunities for overtime and special duty pay.” (See id. ¶¶ 12–13.)
While Plaintiffs acknowledge that there is nothing “unconstitutional in and of itself about
temporarily assigning officers to restricted duty during the course of an internal investigation
related to the officers” (id. ¶ 10), they allege that the Division has adopted an “unconstitutional
policy” of punishing officers through the use of assignment to “580.” (Id. ¶ 9.) Rather than
using assignment to “580” as a “reasonable, short-term assignment while the Division undertakes
an internal investigation,” it allegedly uses assignment to “580” as a punishment, subjecting
officers to restricted duty “for needless and unjustifiable durations” while denying those officers
any “due process prior to imposing such punishment.” (Id. ¶¶ 11, 14.) Specifically, Plaintiffs
and other Columbus police officers purportedly are not “given sufficient explanation of the
charges against them, the evidence in support, or an opportunity to be heard prior to assignment
to 580.” (Id. ¶ 15.) Essentially, Plaintiffs argue that the Division and the City of Columbus (the
“City”) are using assignment to “580” as an end-run around due process, because the City knows
that, “before inflicting any punishment beyond the de minimis on its officers, it must provide
them with due process.” (Id. ¶ 14.)
With regard to Plaintiffs: (1) in total, the administrative investigation of Lyons lasted for
over two years; (2) the administrative investigation of Johnson lasted for two and a half years;
and (3) the investigation of Jones lasted nearly two years. (See id. ¶ 24.) Ultimately, each
Plaintiff received a less than 250-hour suspension. (See id.) During these lengthy administrative
investigations, Plaintiffs were placed on restricted duty and assigned to “580,” but claim that
they did not know or have reason to know that it was designed to be punishment, or that it would
last for such a long period of time. (See id. ¶¶ 25–26.) While on restricted duty, Plaintiffs were
not permitted to perform their standard job duties; instead, they worked desk jobs but had very
little meaningful work to do. (See id. ¶¶ 27–28.) Additionally, Plaintiffs were ineligible for
overtime and prevented from working special duty, which significantly impacted their financial
well-being—as a “substantial portion” of Plaintiffs’ annual income came from overtime and
special duty pay.1 (See id. ¶¶ 29–35.)
Plaintiffs are members of the union that has entered into a collective bargaining
agreement (“CBA”) with the City. (Id. ¶ 37.) Under the CBA, “good cause” is required to
punish a union employee. (See id.) Plaintiffs claim, however, that assignment to “580” is “not
considered punishment under the agreement,” and thus “it cannot be grieved through the [CBA]
grievance process.” (Id.) According to Plaintiffs, as members of the union that has entered into
the CBA with the City, which requires good cause prior to punishment, they have a
“constitutionally protected property interest in their continued employment, compensation, and
job benefits.” (Id.)
Plaintiffs filed suit against the City, the Division, and various individual supervising
officers2 in August 2016. (Compl., Doc. 1.) Defendants originally moved to dismiss Plaintiffs’
claims in November 2016 (Doc. 3), and Plaintiffs amended their Complaint. (Doc. 9.) In their
Amended Complaint, Plaintiffs bring procedural due process and First Amendment retaliation
It is the “custom and practice” of the Division to allow officers to “work significant overtime hours and
special duty hours.” (Doc. 9 ¶ 35.) Overtime duty involves officers “performing their normal job duties
as police officers for anything over forty hours per week.” (Id. ¶ 32.) Special duty assignments are those
“outside the work normally performed by police officers, and are assigned when a particular need in the
community arises.” (Id. ¶ 33.) The only circumstances under which officers are denied overtime or
special duty work are when they are formally punished or placed on restricted duty during an internal
administrative investigation. (See id. ¶ 36.)
The individual defendants named in the Amended Complaint are: Chief Kim Jacobs, Deputy Chief Ron
Gray, Deputy Chief Ken Kuebler, Deputy Chief Michael Woods, Commander Mark Lang, Commander
Gary Cameron, Commander Jennifer Knight, Commander Robert Meader, Commander Michael Springer,
Commander Mark Gardner, Lieutenant Wade Spears, Lieutenant Joseph Echenrode, Sergeant Eric
Babcock, Sergeant Dan Weaver, Sergeant Richard Brooks, Sergeant Jeff Knight, Sergeant Ken Decker,
and Officers John and Jane Doe.
claims under 42 U.S.C. § 1983 against Defendants. (See id. at 10–14.) Defendants again move
to dismiss Plaintiffs’ claims in their entirety. (Doc. 10.) Defendants’ motion is now ripe for
II. STANDARD OF REVIEW
Federal Rule of Civil Procedure 12(b)(6) allows for a case to be dismissed for “failure to
state a claim upon which relief can be granted.” Such a motion “is a test of the plaintiff’s cause
of action as stated in the complaint, not a challenge to the plaintiff’s factual allegations.” Golden
v. City of Columbus, 404 F.3d 950, 958–59 (6th Cir. 2005). Thus, the Court must construe the
complaint in the light most favorable to the non-moving party. Total Ben. Planning Agency, Inc.
v. Anthem Blue Cross & Blue Shield, 552 F.3d 430, 434 (6th Cir. 2008). The Court is not
required, however, to accept as true mere legal conclusions unsupported by factual
Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009).
Although liberal, Rule
12(b)(6) requires more than bare assertions of legal conclusions. Allard v. Weitzman, 991 F.2d
1236, 1240 (6th Cir. 1993) (citation omitted). Generally, a complaint must contain a “short and
plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P.
8(a)(2). But the complaint must “give the defendant fair notice of what the claim is, and the
grounds upon which it rests.” Nader v. Blackwell, 545 F.3d 459, 470 (6th Cir. 2008) (internal
quotation marks and citation omitted). In short, a complaint’s factual allegations “must be
enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007). It must contain “enough facts to state a claim to relief that is plausible on
its face.” Id. at 570.
In ruling on a motion to dismiss, a court may consider matters outside the pleadings
without converting the motion into one for summary judgment if those matters “simply fill in
the contours and details of the plaintiff’s complaint, and add nothing new.” Yeary v. Goodwill
Indus.–Knoxville, Inc., 107 F.3d 443, 445 (6th Cir. 1997).
III. LAW AND ANALYSIS
Defendants argue that Plaintiffs’ claims should be dismissed because: (1) they are barred
by the applicable statute of limitations; (2) the Court lacks jurisdiction to hear them because
Plaintiffs’ exclusive remedy is the grievance process delineated in the CBA; (3) the individual
Defendants are entitled to qualified immunity; and (4) Plaintiffs did not properly plead claims
against the City. The Court will address each argument in turn.
A. Plaintiffs’ Claims Are Not Time-Barred.
The parties agree that the applicable statute of limitations for a § 1983 claim in Ohio is
two years, and begins to run “when the plaintiff knows or has reason to know of the injury which
is the basis of the action.” Del Rosario v. Tabor, No. 2:09-cv-457, 2010 WL 1416721, at *2
(S.D. Ohio Apr. 8, 2010) (internal citation omitted). In determining when the cause of action
accrues in § 1983 actions, courts look to “what event should have alerted the average lay person
to protect his rights.” Conlin v. Blanchard, 890 F.2d 811, 815 (6th Cir. 1989) (citation omitted).
Plaintiffs allege that they were placed on restricted duty as punishment, in retaliation for
engaging in First Amendment-protected speech, and without pre-deprivation due process. (See
Doc. 9 at 11–12; Doc. 10 at 5.) All three Plaintiffs were first placed on restricted duty and
assigned to “580” in 2013. (See Doc. 9 ¶ 24.) Because Plaintiffs did not file this lawsuit until
2016, Defendants argue, their claims are time-barred.
(Doc. 10 at 6.)
however, that: (1) their claims are saved by the continuing violation doctrine; (2) their claims did
not necessarily ripen at the moment they were assigned to restricted duty; and (3) they did not
know (nor should they have known) that their constitutional rights had been violated when they
were first assigned to restricted duty. (See Doc. 11 at 3.)
1. The Continuing Violation Doctrine
It is well settled that the continuing violation doctrine operates to preserve claims that
would otherwise be time-barred in certain cases involving ongoing discrimination or ongoing
violations of civil rights. Dixon v. Anderson, 928 F.2d 212, 216 (6th Cir. 1991). The continuing
violation doctrine applies where: (1) the defendant’s wrongful conduct continues after the
precipitating event that began the pattern; (2) injury to the plaintiff continues to accrue after that
event; and (3) further injury to the plaintiff was avoidable if the defendant had at any time ceased
its wrongful conduct. Tolbert v. State of Ohio Dep’t of Transp., 172 F.3d 934, 940 (6th Cir.
According to Plaintiffs, “[a]ll three components of the continuing violations doctrine
exist here.” (Doc. 11 at 4.) First, by keeping Plaintiffs on restricted duty throughout the
pendency of an unlawfully prolonged administrative investigation, Defendants continued their
wrongful conduct after the precipitating event of placing them there. Second, because Plaintiffs
were denied additional job opportunities, experience, overtime, and special duty work while they
were on restricted duty, the injury they suffered continued to accrue. Finally, if Defendants had
“stopped punishing Plaintiffs by needlessly prolonging their administrative investigations and
assignments to restricted duty, Plaintiffs would have avoided further injury, including lost pay
and job opportunities.” (Id.)
Plaintiffs liken their case to Kuhnle Bros., Inc. v. County of Geauga, 103 F.3d 516 (6th
Cir. 1997). In Kuhnle, the plaintiff claimed that a local resolution banning through traffic denied
him of his liberty interests created by a fundamental constitutional right to intrastate travel.
Kuhnle, 103 F.3d at 521. The Sixth Circuit held that plaintiff’s due process claim for deprivation
of liberty was not time-barred, because under the continuing violation doctrine, “the
resolution . . . barred Kuhnle from using the roads in question on an ongoing basis,” and
therefore “actively deprived Kuhnle of its asserted constitutional rights every day that it
remained in effect.” Id. at 522. Each day that the law remained in effect, it inflicted “continuing
and accumulating harm” on Kuhnle. Id.
According to Defendants, the continuing violation doctrine is inapplicable.
continuing violation in a § 1983 action occurs when there are continued unlawful acts, not by
continued ill effects from the original violation.” Kovacic v. Cuyahoga Cty. Dep’t of Children &
Family Servs., 606 F.3d 301, 308 (6th Cir. 2010) (citation omitted). Defendants argue that
because Plaintiffs’ claims amount to “nothing more than an objection to the continuing ill effects
of being placed on restricted duty,” they do not support a claim for a continuing violation. (See
Doc. 14 at 3.) Further, Defendants claim that Kuhnle is inapposite because, unlike the plaintiff in
that case, Plaintiffs’ claims do not implicate due process rights. (See id. at 4.)
The Court agrees with Defendants—Kovacic rules here. Plaintiffs’ inability to take
advantage of overtime and special duty opportunities was a continuing ill effect of their initial
assignment to “580,” not a continuing violation. The continuing violation doctrine does not
apply to Plaintiffs’ claims.3
“A fundamental requirement of due process is the opportunity to be heard. It is an
opportunity which must be granted at a meaningful time and in a meaningful manner.” Guba v.
While agreeing with Defendants’ position on the continuing violation doctrine, Court does not accept
Defendants’ position that Plaintiffs’ claims fail to implicate due process rights. The Sixth Circuit has
noted that the loss of pay and benefits, and unwanted job transfers constitute deprivations of protected
property interests. See Gunasekera v. Irwin, 551 F.3d 461, 468 (6th Cir. 2009); see also Ridpath v. Bd. of
Governors, Marshall Univ., 447 F.3d 292, 310 (4th Cir. 2006).
Huron Cty., 600 F. App’x 374, 382 (6th Cir. 2015) (quoting Armstrong v. Manzo, 380 U.S. 545,
552 (1965)). Part and parcel of the right to be heard at a “meaningful time” is the notion that
process should not be unduly delayed. “[A]t some point delay must ripen into deprivation,
because otherwise a suit alleging deprivation would be forever premature.” Schroeder v. City of
Chicago, 927 F.2d 957, 960 (7th Cir. 1991).
Thus, while Plaintiffs acknowledge that “an initial assignment to restricted duty during
the pendency of an administrative investigation may not be a deprivation of their property
interests in continued employment sufficient to trigger due process protection,” they argue that
when the “administrative investigation and concomitant restricted duty assignment are needlessly
dragged out for unreasonable lengths, the assignment becomes a meaningful property
deprivation, such that it violates the due process clause to have imposed it without first providing
appropriate process.” (See Doc. 11 at 6.) Defendants claim that Plaintiffs have not alleged facts
from which one could infer that the administrative investigations were unreasonably lengthy, or
that they were placed or remained on restricted duty as punishment. (Doc. 14 at 5.) To the
contrary, Plaintiffs alleged that the outcomes of the administrative investigations into their
purported conduct resulted in suspensions of less than 250 hours, but the investigations
themselves lasted close to two years—which seems to the Court to be disproportionate. (See
Doc. 9 ¶ 24.) Construing these facts in a light most favorable to the non-moving Plaintiffs, as is
required on a motion to dismiss, one could infer that the administrative investigations were
unduly lengthy, and Plaintiffs were on restricted duty for the duration of these investigations
without receiving due process.
Because the delay “ripen[ed] into deprivation” at some point after Plaintiffs were initially
placed on restricted duty, Defendants’ argument that Plaintiffs’ claims are time-barred because
they were filed more than two years after their original assignment to restricted duty is without
merit. Schroeder, 927 F.2d at 960.
Similarly, in determining when the cause of action accrues in § 1983 actions, courts look
to “what event should have alerted the average lay person to protect his rights.” Conlin v.
Blanchard, 890 F.2d 811, 815 (6th Cir. 1989) (citation omitted). Here, the Court agrees with
Plaintiffs that, at a minimum, the allegations of the Amended Complaint make clear the
possibility that Plaintiffs neither knew nor had reason to know that their rights had been violated
at the time that they were placed on restricted duty, and that discovery is necessary to determine
when Plaintiffs’ cause of action accrued. (See Doc. 11 at 7.)
For all of these reasons, Plaintiffs’ claims are not barred by the statute of limitations.
B. The CBA Does Not Provide Plaintiffs’ Exclusive Remedy.
Defendants also assert that this Court lacks jurisdiction to consider Plaintiffs’ claims,
because the CBA “governs the terms and conditions of Plaintiffs’ employment and provides for
final and binding arbitration of grievances before a neutral arbitrator.” (Doc. 10 at 6–7; Ex. A to
Defs.’ Mot. to Dismiss, Doc. 10-1, at 12.5(E)(3) (“The decision of the arbitrator shall be final
and binding on all parties.”).) In support, Defendants rely on Ohio Revised Code Section
4117.10(A), which states that a CBA between a public employer and bargaining unit “governs
the wages, hours, and terms and conditions of employment covered by the agreement,” and if the
CBA “provides for a final and binding arbitration of grievances, public employers, employees,
and employee organizations are subject solely to that grievance procedure.”
Code § 4117.10(A). Defendants argue that Plaintiffs’ complaints about being assigned to “580”
are “grievance[s]”4 that are subject to the CBA’s grievance and arbitration procedure. (See Doc.
A “grievance” is defined in the CBA as “any unresolved question or dispute regarding the City’s
interpretation and application of the terms of [the CBA].” (Doc. 10-1 at 12.1.)
10 at 7–8.) In other words, Defendants assert that Plaintiffs’ “claim that at some unspecified
time their assignments to restricted duty went from reasonable to unreasonable is nothing more
than a contract dispute disguised as a procedural due process claim.” (Id. at 8.)
But Plaintiffs’ claims are brought under federal law.
And Ohio law “expressly
recognizes” that laws “pertaining to civil rights will prevail over conflicting provisions of
agreements between employee organizations and public employers when the agreement does not
make a specification about a matter.” Short v. Mary, No. 1:13-CV-704, 2014 WL 4377828, at *5
(S.D. Ohio Sept. 4, 2014) (citing Ohio Rev. Code § 4117.10).
With regard to arbitration
agreements specifically, in Wright v. Universal Maritime Service Corp., the Supreme Court held
that a CBA’s general arbitration clause did not require a plaintiff to utilize the CBA’s arbitration
procedure for an alleged violation of the Americans with Disabilities Act, because the arbitration
clause did not contain a “clear and unmistakable” waiver of the plaintiff’s statutory right to a
judicial forum for employment discrimination claims. 525 U.S. 70, 82 (1998). According to the
Sixth Circuit, to “even approach” Wright’s requirement that a waiver of a plaintiff’s federal
forum rights be “clear and unmistakable,” the statute pursuant to which a plaintiff brings a claim
“must specifically be mentioned in a CBA.” Bratten v. SSI Servs., Inc., 185 F.3d 625, 631 (6th
Cir. 1999). As Plaintiffs properly point out, not only does the CBA fail to specifically reference
42 U.S.C. § 1983, as required under Bratten, it also “does not even purport to be the exclusive
remedy for an aggrieved” union member. (Doc. 11 at 8.) In fact, the CBA explicitly states that
“[n]othing in this Grievance Procedure shall deny members any rights available at law to achieve
redress of their legal rights, including the right to appeal to another forum.” (Doc. 10-1, at 12.3.)
Short v. Mary is instructive here. In Short, the defendants argued that the district court
lacked jurisdiction over plaintiff’s claims, as they were “nothing more than a claim for breach of
the CBA disguised as a claim brought under 42 U.S.C. § 1983 and the Equal Protection Clause.”
Short, 2014 WL 4377828, at *4. This Court held that, although the plaintiff’s claim was
“factually grounded in the CBA,” it was based on rights derived from the Equal Protection
Clause, which are “distinct from the contractual rights to which [plaintiff] was entitled under the
CBA.” Id. Despite the “close connection” between the grievance asserted by the plaintiff and
the constitutional claim, the Court, taking the facts in a light most favorable to the plaintiff, held
that the plaintiff’s claim was a “constitutional one under section 1983 that may be raised in
federal court.” Id. In addition, the Court found the defendants’ argument that the CBA was the
exclusive remedy for plaintiff’s grievances unavailing, because the CBA made no reference to
§ 1983. See id. at *5.
Defendants argue that Short is distinguishable because in that case, the plaintiff “utilized
the grievance and arbitration procedures provided in [the CBA] to resolve [his] contractual
claims,” and also asserted rights that were distinct from his rights under the CBA. (See Doc. 14
at 9–10.) Here, Plaintiffs do not purport to be asserting contract-based claims; they are bringing
only constitutional claims. Like the Short plaintiff, they are asserting rights that are distinct from
their contractual rights under the CBA. Further, the CBA wholly fails to reference § 1983 and
explicitly states that it is not an aggrieved union member’s sole remedy. Accordingly, the CBA
does not provide Plaintiffs’ exclusive remedy, and this Court has jurisdiction to consider
C. Defendants’ Qualified Immunity Defense Is Premature.
Even if Plaintiffs’ claims are timely and the Court has jurisdiction, Defendants argue,
“Plaintiffs cannot overcome Defendants[’] entitlement to qualified immunity.” (Doc. 10 at 8.)
The doctrine of qualified immunity provides that “government officials performing discretionary
functions are generally shielded from liability for civil damages insofar as their conduct does not
violate clearly established statutory or constitutional rights of which a reasonable person would
have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
While a court may consider the issue of qualified immunity on a Rule 12(b)(6) motion,
see Hardy v. Jefferson Cmty. Coll., 260 F.3d 671, 677 (6th Cir. 2001), “it is generally
inappropriate for a district court to grant a 12(b)(6) motion to dismiss on the basis of qualified
immunity.” Wesley v. Campbell, 779 F.3d 421, 433 (6th Cir. 2015). An officer’s “entitlement to
qualified immunity is a threshold question to be resolved at the earliest possible point” of a
lawsuit, but “that point is usually summary judgment and not dismissal under Rule 12.” Id.
(internal citation omitted).
Defendants argue that Plaintiffs have failed to state a plausible constitutional violation
against the individual Defendants in their Amended Complaint because they merely “includ[e]
the names of all the Defendants and lump them together in conclusory fashion.” (Doc. 10 at 9.)
Plaintiffs correctly note that, in a recent excessive force case, the Eastern District of Kentucky
held that all that is required at the pleading stage is for plaintiffs to name the officers at the scene,
describe the type of force used, and allege that the officers collectively used that force. See Horn
v. City of Covington, No. 14-73, 2015 WL 4042154, at *6 (E.D. Ky. July 1, 2015). Plaintiffs
have done just that in their Amended Complaint—naming the individual officers responsible for
each Plaintiff’s assignment to “580,” referencing the officers’ supervisory position over the
Plaintiffs, and alleging that each of these officers played a role in using assignment to “580” as a
punishment, rather than as a legitimate temporary assignment associated with a legitimate
administrative investigation. (See Doc. 9 ¶¶ 43–45.) At this juncture, Plaintiffs “need not make
detailed factual allegations about which officer committed which act . . . . That burden is
reserved for later stages of the litigation.” Horn, 2015 WL 4042154, at *6 (internal citation
Accordingly, Defendants’ qualified immunity defense is premature at the motion-todismiss stage.
D. Plaintiffs’ Monell Claim Against the City May Proceed.
Defendants argue that Plaintiffs’ claims against the City must be dismissed because: (1)
none of the individual Defendants has violated Plaintiffs’ constitutional rights; and (2) Plaintiffs
have failed to plead adequate facts to support a claim for relief under a failure to train theory.
(Doc. 10 at 9–10.) Both arguments are unavailing.
First, the Court declines to dismiss the claims against the individual Defendants at this
time. Additionally, as a matter of law, a municipality can be sued directly under § 1983 and held
liable even when individual defendants have not committed a constitutional violation. See, e.g.,
Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978). While a municipality cannot be held
liable solely on a respondeat superior theory, it can be held directly liable where constitutional
deprivations are “visited pursuant to governmental custom” or policy. Id. at 690–91. Here,
Plaintiffs allege in their Amended Complaint that the violations of their constitutional and civil
rights were a direct result of the City’s “custom, practice and/or policy.”
(Doc. 9 ¶ 52.)
Accordingly, Plaintiffs’ claim under Monell against the City may proceed.
With regard to the supposed failure-to-train claim, it is unclear to the Court whether
Plaintiffs intend to bring such a claim. As Defendants correctly note, Plaintiffs broadly allege
that the individual Defendants were “inadequately trained” and “have been led by the City to
believe that they can, with impunity, subject individual officers” to discipline without due
process (Doc. 9 ¶ 53), but make no specific allegations about the City’s training regime or
policies. See Scrap Yard, LLC v. City of Cleveland, 513 F. App’x 500, 505 (6th Cir. 2013)
(dismissing failure-to-train claim where plaintiffs failed to specify how training was lacking);
Pariscoff v. Columbus City Police Dep’t, No. 2:14-cv-855, 2015 WL 1476651, at *3 (S.D. Ohio
Mar. 31, 2015) (same). Moreover, Plaintiffs fail to address Defendants’ arguments about their
failure-to-train claim in their opposition to Defendants’ motion to dismiss.
At this stage, the Court is led to believe that there is no failure-to-train claim. However,
if Plaintiffs intended to raise such a claim, because it was pleaded inadequately in the Amended
Complaint and because Plaintiffs failed to address Defendants’ arguments about a failure-to-train
claim in opposing the motion to dismiss, Defendants’ motion is GRANTED as to this claim.
For all of these reasons, Defendants’ Motion is DENIED.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: September 20, 2017
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