Opinion
Civil Action 22-cv-6136
09-18-2023
PATRICIA A ROBINSON v. CITY OF PINEVILLE ET AL
PEREZ-MONTES, MAGISTRATE JUDGE
JUDGMENT
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 11] previously filed herein, having thoroughly reviewed the record, and noting the lack of objection, and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED that the Motion to Dismiss filed by Defendants, Officer Elizabeth Cameron (“Cameron”), Officer Codiak Thompson (“Thompson”), and the City of Pineville (“Pineville”) [Doc. No. 6] is GRANTED IN PART AND DENIED IN PART.
IT IS ORDERED that the Motion to Dismiss [Doc. No. 6] is GRANTED because the official capacity claims against Cameron and Thompson are duplicative of those against the City of Pineville. Therefore, the official capacity claims are hereby DISMISSED.
Because Robinson states a plausible excessive force claim that was not addressed by Defendants' Motion to Dismiss, and it is unclear whether the federal claims are barred by Heck, IT IS ORDERED that the Motion to Dismiss [Doc. No. 6] is DENIED IN PART as to all other claims.