Thomas v. Bivens et al

Filing 52

MEMORANDUM AND ORDER granting in part under FRCvP 56 (22) [(10) in case 3:09-cv-00093] defendant Monroe County's Motion for Summary Judgment as follows: All of plaintiff's federal civil rights claims brought against Monroe County, and John Doe and Jane Doe officers of Monroe County under § 1983 are hereby DISMISSED WITH PREJUDICE. Plaintiff's state law claim for conversion is REMANDED to the Circuit Court for Monroe County, Tennessee. Defendant James Bivens and the City of Madisonville's motion for summary judgment (25) [(13) in case 3:09-cv-00093] is GRANTED IN PART as follows: All of plaintiff's federal civil rights claims brought against the City of Madisonville, and John and Jane Doe offic ers of the City of Madisonville under § 1983 are hereby DISMISSED WITH PREJUDICE. The motion is DENIED as to the § 1983 claims against James Bivens, in his individual capacity. Plaintiff's state law claim for negligence is REMANDED to the Circuit Court for Monroe County, Tennessee. Signed by District Judge Thomas W Phillips on January 5, 2011. Associated Cases: 3:09-cv-00062, 3:09-cv-00093 (AYB)

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