Johnson et al v. Metropolitan Government of Nashville and Davidson County et al

Filing 47

ORDER: For the reasons explained in the accompanying Memorandum, the Court rules as follows: (1) The Metropolitan Government's Motion To Dismiss Second Amended Complaint 34 is hereby GRANTED; (2) Defendant Joe Shelton's Motion To Dismiss Plaintiffs' Second Amended Complaint (R.33) For Failure To State A Claim 38 is hereby GRANTED; (3) Quiana Johnson, as parent and next friend of Reginald Dewayne Wallace II, a minor, Waynnesia Brooks, and William Wallace are hereby DISMISSED as plaintiffs from the § 1983 claims (Counts 1 through 3) for lack of standing; (4) Plaintiff Karissa Sweat's § 1983 claims for municipal liability against the Metropolitan Government of Nashville and Davidson County (Count 3) are hereby DISMISSED WITH PREJUDICE for failure to state a claim; and (5) All state-law tort claims (Counts 4 through 8) are hereby DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. (6) The only claims remaining for litigation are Plaintiff Sweat's &# 167; 1983 claims brought against Officer Shelton and the John Doe police officers in their individual capacities for the alleged violation of Reginald Wallace's Fourth Amendment rights (Counts 1 and 2). (7) This case is returned to the Magistrate Judge for customized case management under Local Rule 16.01 and the Court's Order of Referral entered on June 15, 2010 3 . IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 9/13/10. (tmw)

Johnson et al v. Metropolitan Government of Nashville and Davidson County et al

Doc. 47

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION QUIANA JOHNSON, as parent and next friend of REGINALD DEWAYNE WALLACE II, a minor; KARISSA SWEAT, WAYNNESIA BROOKS, and WILLIAM WALLACE ) ) ) ) ) ) v. ) ) METROPOLITAN GOVERNMENT OF ) NASHVILLE AND DAVIDSON COUNTY; ) JOE SHELTON, in his official and ) individual capacities; JOHN DOE POLICE ) OFFICERS #1-#20, in their official and ) individual capacities )

No. 3:10-0589 JUDGE CAMPBELL

ORDER For the reasons explained in the accompanying Memorandum, the Court rules as follows: (1) The Metropolitan Government's Motion To Dismiss Second Amended Complaint (Docket No. 34) is hereby GRANTED; (2) Defendant Joe Shelton's Motion To Dismiss Plaintiffs' Second Amended Complaint (R.33) For Failure To State A Claim (Docket No. 38) is hereby GRANTED; (3) Quiana Johnson, as parent and next friend of Reginald Dewayne Wallace II, a minor, Waynnesia Brooks, and William Wallace are hereby DISMISSED as plaintiffs from the § 1983 claims (Counts 1 through 3) for lack of standing; (4) Plaintiff Karissa Sweat's § 1983 claims for municipal liability against the Metropolitan Government of Nashville and Davidson County (Count 3) are hereby DISMISSED WITH PREJUDICE for failure to state a claim; and (5) All state-law tort claims (Counts 4 through 8) are hereby DISMISSED WITHOUT 1

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PREJUDICE for lack of jurisdiction. (6) The only claims remaining for litigation are Plaintiff Sweat's § 1983 claims brought against Officer Shelton and the John Doe police officers in their individual capacities for the alleged violation of Reginald Wallace's Fourth Amendment rights (Counts 1 and 2). (7) This case is returned to the Magistrate Judge for customized case management under Local Rule 16.01 and the Court's Order of Referral entered on June 15, 2010. (Docket No. 3.) IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

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