Opinion
Civil Action 22-1155-KSM
11-04-2022
DOLLY E. FEREBEE, for herself and others similarly situated, Plaintiff, v. NYCOLE MACKLIN, et al., Defendants.
ORDER
KAREN SPENCER MARSTON J.
AND NOW, this 4th day of November, 2022, upon consideration of Defendants' Motions to Dismiss (Doc. Nos. 22, 23), Plaintiffs' response (Doc. No. 24) and Defendants' reply (Doc. No. 25), and for the reasons set forth in the accompanying Memorandum, it is ORDERED that the Defendants' Motions to Dismiss (Doc. Nos. 22, 23) are GRANTED in part and DENIED in part. It is further ORDERED as follows:
1. The claims against the Individual Defendants and the § 1983 Fourth Amendment claim are DISMISSED, with prejudice.
2. The § 1983 due process claim is DISMISSED against the City only, for failure to allege Monell liability, without prejudice.
3. Both Defendants' motions to dismiss the declaratory judgment claim are DENIED.
IT IS SO ORDERED.