Wiggins v. Metropolitan Government of Nashville-Davidson County, Tennessee et al

Filing 126

ORDER: Wiggins' Objections (Doc. No. 101 ) are SUSTAINED IN PART AND OVERRULED IN PART. Granting 59 Partial Motion to Dismiss for Failure to State a Claim.; Granting 68 Partial Motion to Dismiss for Failure to State a Claim.; Gra nting 71 Motion to Dismiss for Failure to State a Claim.; Granting 75 Motion to Dismiss for Failure to State a Claim.; Granting 79 Motion to Dismiss for Failure to State a Claim.; Adopting 99 Report and Recommendation. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/14/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JERALD WIGGINS,
Plaintiff,
v.
METROPOLITAN GOVERNMENT OF
NASHVILLE-DAVIDSON COUNTY,
TENNESSEE, et al.,
Defendants.

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NO. 3:14-cv-01950
CHIEF JUDGE CRENSHAW

ORDER
For the reasons stated in the accompanying Memorandum Opinion:
1.

Wiggins’ Objections (Doc. No. 101) are SUSTAINED IN PART AND OVERRULED
IN PART.

2.

The Magistrate Judge’s Report and Recommendation (Doc. No. 99) is ADOPTED.

3.

Norris’ Partial Motion to Dismiss (Doc. No. 59) is GRANTED.

4.

Crotts’ Partial Motion to Dismiss (Doc. No. 68) is GRANTED. 1

5.

Brewer, Hampton, and Dunaway’s Motion to Dismiss (Doc. No. 71) is GRANTED. The
Court declines to exercise supplemental jurisdiction over the claim under Tenn. Code Ann.
§ 40-7-121.

6.

Metro’s Motion to Dismiss (Doc. No. 75) is GRANTED. The Court declines to exercise
supplemental jurisdiction over the claim under Tenn. Code Ann. § 40-7-121.

7.

McNamara’s Motion to Dismiss (Doc. No. 79) is GRANTED. The Court declines to
exercise supplemental jurisdiction over the claim under Tenn. Code Ann. § 40-7-121.

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Crotts’ request to dismiss claims not directed at him is denied as moot.

8.

Defendants Brewer, Hampton, Dunaway, McNamara, and Metro are TERMINATED
from this action.

9.

Plaintiff has the following remaining claims:
a.
b.

state law assault and battery claim against Crotts and Norris; and

c.
10.

§ 1983 claims against Crotts and Norris;

Tenn. Code Ann. § 40-7-121 claim against Crotts and Norris.

This case is RETURNED to the Magistrate Judge for further case management.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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