Opinion
NO. 3-15-1077
03-08-2016
DAWN MICHELLE MEARS v. CROSS PLAINS, TENNESSEE
ORDER AND MEMORANDUM
Pending before the Court is Defendant's Motion to Dismiss Count I of Second Amended Complaint (Docket No. 16), to which Plaintiff has filed a Response (Docket No. 19). Defendant's Motion is GRANTED.
Defendant City of Cross Plains, Tennessee asks the Court to dismiss Count I, which is entitled Constitutional Violation, because, as a municipality, it cannot be liable for a constitutional violation by one of its employees (in this case, Officer Abernathy) unless Plaintiff shows a particular policy, practice or custom of Defendant which resulted in the alleged constitutional violation. Count I asserts no such policy, practice or custom.
Plaintiff does not disagree. See Docket No. 19. Accordingly, any claim by Plaintiff against Defendant for a constitutional violation is DISMISSED. The paragraphs headed Count I in Plaintiff's Second Amended Complaint shall be construed simply as facts alleged and not a separate basis for liability.
IT IS SO ORDERED.
/s/_________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE