Underwood v. Polk et al
| Alabama Northern District Court | |
| Judge: | John H England, III |
| Case #: | 2:15-cv-02173 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Nov 30, 2015 |
| Terminated: | Nov 14, 2016 |
| Last checked: Saturday May 28, 2016 5:50 AM CDT |
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Defendant
City of Birmingham
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Represented By
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Defendant
City of Birmingham Police Department
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Represented By
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Defendant
Tyrone Polk
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Represented By
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Plaintiff
Francheryl Latrice Underwood
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Represented By
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GPO
Aug 19 2016
MEMORANDUM OPINION AND ORDER - Based on the foregoing, it is ORDERED: 1. The Citys motion to dismiss the BPD, (doc. 4), is GRANTED, and all claims against the BPD are DISMISSED as against an entity not subject to suit; 2. The Citys motion to dismiss certain counts of Underwoods complaint, (doc. 5), is GRANTED IN PART and DENIED IN PART. Specifically, Count II for malicious prosecution, Count IV for abuse of process, Count VI for wantonness, and Count VII to the extent it asserts wanton hiring, training, and supervision are DISMISSED as failing to state a claim under Ala. Code § 11-47-190. The remaining counts remain pending. Signed by Magistrate Judge John H England, III on 8/19/2016. (KEK) |