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Civil Rights: Other | Alabama Middle
Judgment
FINAL JUDGMENT: In accordance with the Order of the Court entered on this day, it is the ORDER, JUDGMENT, and DECREE of the Court that this action is DISMISSED without prejudice. Costs, if any, are taxed against the Plaintiff. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/21/2024. (DMN)
Order
MEMORANDUM OPINION AND ORDER: Pending before the Court are the Defendants' motions to dismiss. Accordingly, it is ORDERED as follows: (1) Defendant City of Auburn and Defendant Stephanie Johns's Motion to Dismiss Plaintiff's First A mended Complaint (doc. 35 ) is GRANTED in part. Count II (substantive and procedural due process claim against Defendant Auburn) and Count III (false arrest claim against Defendant Johns) are DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Count I (declaratory judgment claim against Defendant Auburn), Count IV (wantonness claim against Defendant Johns), Count VI (negligent hiring, training, supervision, or retention claim against Defendant Auburn), Cou nt VII (tortious interference with business or contractural relations claim against Defendant Auburn), and Count VIII (libel and libel per se claim against Defendant Auburn) are DISMISSED without prejudice. (2) Defendant Kimberly Costen's Motion to Dismiss Plaintiff's First Amended Complaint (doc. 34 ) is DENIED as moot. (3) Defendant Kimberly Costen's Counterclaim (doc. 41 ) is DISMISSED without prejudice. (4) The Clerk of Court is DIRECTED to close the case. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/21/2024. (DMN)
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