Smith v. The Metropolitan Government of Nashville and Davidson County, Tennessee et al

Filing 69

ORDER: The Motions for Summary Judgment 37 and 43 are Granted, and all claims against Correct Care Solutions, LLC and the Metropolitan Government of Nashville/Davidson County are DISMISSED. Defendants Hines and Collen's Motion for Summary Ju dgment as to Plaintiffs state law claims 34 is GRANTED, and those claims are DISMISSED. For the reasons stated in the accompanying Memorandum, the Motion for Summary Judgment of Defendants Hines and Collen with regard to Plaintiffs federal claims is DENIED. This action remains set for trial on 2/16/2010. Signed by Chief Judge Todd J. Campbell on 10/20/09. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CAPREACE E. SMITH, next of kin of BYRON L. SMITH, deceased v. METROPOLITAN GOVERNMENT OF NASHVILLE/DAVIDSON COUNTY, et al. ) ) ) ) NO. 3:08-0465 ) JUDGE CAMPBELL ) ) )

ORDER Pending before the Court are a Motion for Summary Judgment filed by Defendants Hines and Collen (Docket No. 34), a Motion for Summary Judgment filed by Defendant Correct Care Solutions, LLC (Docket No. 37) and a Motion for Summary Judgment filed by Defendant Metropolitan Government of Nashville/Davidson County, Tennessee (Docket No. 43). Plaintiff has conceded that the Motion for Summary Judgment filed by Defendant Correct Care Solutions, LLC (Docket No. 37), and the Motion for Summary Judgment filed by Defendant Metropolitan Government of Nashville/Davidson County, Tennessee (Docket No. 43) should be granted. See Docket No. 48. Accordingly, those Motions are GRANTED, and all claims against Correct Care Solutions, LLC and the Metropolitan Government of Nashville/Davidson County are DISMISSED. In addition, Plaintiff has conceded that Defendants Hines and Collen's Motion should be granted with respect to her state law claims against them. See Docket No. 48. Accordingly, Defendants Hines and Collen's Motion for Summary Judgment as to Plaintiff's state law claims is GRANTED, and those claims are DISMISSED.

For the reasons stated in the accompanying Memorandum, the Motion for Summary Judgment of Defendants Hines and Collen with regard to Plaintiff's federal claims is DENIED. This action remains set for trial on February 16, 2010. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE