Summary
affirming dismissal of Section 1983 claims against city officials in their official capacities because they duplicated the claims against the city
Summary of this case from Shanks v. Parish of Jefferson, LouisianaOpinion
No. 3:00-CV-2247-D
August 28, 2001
ORDER
Pursuant to the provisions of 28 U.S.C. § 1915, permission was previously granted for the above named plaintiff to proceed in forma pauperis in this Court until judgment is entered herein. The Court has accepted the Findings and Recommendation of Magistrate Judge Boyle. Consistent with such acceptance and due consideration by the Court,
It is ORDERED, ADJUDGED and DECREED that:
1. The following claims survive summary dismissal: (1) false arrest, false imprisonment, and civil conspiracy against defendants Scott Peters, Randall Johnson, and Michael D. Scott; (2) perjury against defendant Scott Peters; (3) failure to hire, train, and supervise against defendants City of Coppell and City of Irving; and (4) civil conspiracy against defendant Andy Sheppard. All other claims are summarily DISMISSED with prejudice for the reasons stated in the Findings and Recommendation of the United States Magistrate Judge.
2. The Clerk of the Court shall terminate the referral to Magistrate Judge Boyle and issue summons for defendants Scott Peters, Randall Johnson, Michael D. Scott, City of Coppell, City of Irving, and Andy Sheppard.
3. The United States Marshal's Service shall serve process on defendants Scott Peters, Randall Johnson, Michael D. Scott, City of Coppell, City of Irving, and Andy Sheppard.
4. The Clerk of the Court shall transmit a copy of this Order to plaintiff and all defendants who remain in the case.