Opinion
CIVIL NO. 1:03CV00150
April 29, 2003
ORDER
On March 3, 2003, Defendants moved to dismiss Plaintiffs' First Cause of Action seeking punitive damages against Defendant Lippa in his individual capacity and Defendant City of Greensboro on the grounds that punitive damages cannot be recovered against Defendant Lippa in his official capacity and against the City of Greensboro, and to dismiss plaintiffs' Fourth Cause of Action alleging a violation of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. § 1983 against the City of Greensboro on the grounds that a municipality is not liable under 42 U.S.C. § 1983 for constitutional violations by employees on the basis of respondeat superior. On March 25, 2003, Plaintiffs filed a response to Defendants' motion to dismiss consenting to the dismissal of these portions of the lawsuit.
NOW, THEREFORE, IT IS ORDERED that Plaintiffs' First Cause of Action is DISMISSED with prejudice;
IT IS FURTHER ORDERED that plaintiffs' Fourth Cause of Action against Defendant City of Greensboro under 42 U.S.C. § 1983 on the basis ofrespondeat superior is DISMISSED with prejudice.