HEALTH ASSURANCE LLC v. JEFFERSON COUNTY, 2:12-cv-3634-RRA. (2013)
Court: District Court, N.D. Alabama
Number: infdco20130628848
Visitors: 19
Filed: Jun. 27, 2013
Latest Update: Jun. 27, 2013
Summary: MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. The plaintiff sued defendant Sheriff Mike Hale, in his individual capacity, for state law breach of contract. (Doc. 1). Defendant Hale filed a motion to dismiss (doc. 14), alleging that as sheriff of Jefferson County, he has absolute immunity for a claim of money damages against him in his individual capacity and that the complaint fails to allege that defendant Hale was a party to the contract in his individual capacity. The magistrate ju
Summary: MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. The plaintiff sued defendant Sheriff Mike Hale, in his individual capacity, for state law breach of contract. (Doc. 1). Defendant Hale filed a motion to dismiss (doc. 14), alleging that as sheriff of Jefferson County, he has absolute immunity for a claim of money damages against him in his individual capacity and that the complaint fails to allege that defendant Hale was a party to the contract in his individual capacity. The magistrate jud..
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MEMORANDUM OPINION
KARON OWEN BOWDRE, District Judge.
The plaintiff sued defendant Sheriff Mike Hale, in his individual capacity, for state law breach of contract. (Doc. 1). Defendant Hale filed a motion to dismiss (doc. 14), alleging that as sheriff of Jefferson County, he has absolute immunity for a claim of money damages against him in his individual capacity and that the complaint fails to allege that defendant Hale was a party to the contract in his individual capacity. The magistrate judge entered a report recommending that the court grant defendant Hale's motion to dismiss for the grounds alleged in the motion. (Doc. 22). Neither party has filed any objections.
Having carefully reviewed and considered de novo all materials in the court file, including the magistrate judge's report and recommendation (doc. 22), the court finds that the magistrate judge's report is due to be ADOPTED, and the court ACCEPTS his recommendation. The court finds that the motion to dismiss is due to be granted because defendant Hale has absolute immunity in this action in his individual capacity and because the plaintiff fails to allege that defendant Hale was a party to the contract in his individual capacity. The court will enter a separate Order in conformity with this Memorandum Opinion.
DONE and ORDERED.
Source: Leagle
