Opinion
CIVIL ACTION NO. 5:11-cv-165(DCB)(JMR)
09-17-2012
TRACY LEE AS THE ADMINISTRATRIX OF THE ESTATE OF KEITH LEE AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES OF KEITH LEE, DECEASED PLAINTIFFS v. YAZOO COUNTY, MISSISSIPPI; TOMMY VAUGHN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SHERIFF OF YAZOO COUNTY, MISSISSIPPI, AND JOHN AND JANE DOES 1-10 DEFENDANTS
ORDER
This cause is before the Court on defendant Yazoo County, Mississippi's motion to dismiss state law claims (docket entry 9). Having carefully considered the motion, and the record in this case, the Court finds as follows:
Defendant Yazoo County moves for dismissal of all state claims against it on grounds of state governmental entity immunity pursuant to the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-9(1)(m). After Yazoo County filed its motion, the plaintiffs sought and were granted leave to amend their complaint. Because the complaint was amended, the Court finds that the motion to dismiss shoul be ddenied without prejudice so that Yazoo County can re-urge its motion specifically as to the Amended Complaint. Accordingly,
IT IS HEREBY ORDERED that defendant Yazoo County, Mississippi's motion to dismiss state law claims (docket entry 9) is DENIED WITHOUT PREJUDICE.
David Bramlette
UNITED STATES DISTRICT JUDGE