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Date: 01-26-2023
Case Style:
Case Number: 5:22-cv-320
Judge: Liles C. Burke
Court: United States District Court for the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney:
Defendant's Attorney: Allison B. Chandler, David J. Canupp
Description: Birmingham, Alabama civil rights lawyer represented Plaintiff who sued Defendants claiming wrongful arrest, retaliation and excessive for violations of the First and Fourth Amendments.
Outcome: Penn pleads facially plausible claims against Officer Rippen under 42 U.S.C. § 1983. Penn does not plead a facially plausible § 1983 claim against the City. For these reasons, the Court DENIES Officer Rippen's motion to dismiss (Doc. 8), GRANTS the City's motion to dismiss (Doc. 10), DISMISSES Penn's claim against the City with prejudice, and TERMINATES the City as a party to this suit.
The Court also LIFTS the stay of this case (Doc. 24) and ORDERS Penn and Officer Rippen to file a Rule 26(f) Report by February 10, 2023.
Finally, the Court would be remiss if it did not acknowledge that Officer Rippen's bodycam footage tells a largely different story of the incident than Penn's complaint.[8] As explained in a separately-filed order, the Court declines to consider the bodycam footage at this procedural posture because Penn did not mention the footage in his complaint. (Doc. 26 at 3-4). That said, the Court may consider the footage at later time should Officer Rippen move for summary judgment and make the footage part of the evidentiary record.
Plaintiff's Experts:
Defendant's Experts:
Comments: