ANDRE D. MONTGOMERY, BONITA ) MONTGOMERY, ALLARD J. NAYADLEY ) and JANET L. NAYADLEY ) ) Case No. 1:17-cv-00172 v. ) ) Mag. Judge Christopher H. Steger HAMILTON COUNTY DEPARTMENT OF ) EDUCATION, TENNESSEE DEPARTMENT ) OF CHILDREN'S SERVICES, HAMILTON ) COUNTY, TENNESSEE, HAMILTON ) COUNTY DISTRICT ATTORNEY'S OFFICE, ) MARSHALL N. PINKSTON and FRED R. ) SMITH, JR. )
JUDGMENT ORDER
This matter comes before the Court upon the motions to dismiss filed by Defendants. For
the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that:
1. The Tennessee Department of Children's Services' Motion to Dismiss [Doc. 135]
is GRANTED. The Court DISMISSES WITH PREJUDICE the claims brought against TDCS under 42 U.S.C. §§ 1981 and 1983, and the Court DISMISSES WITHOUT PREJUDICE all claims brought against TDCS under Tennessee state law.
2. The Hamilton County District Attorney General's Office's Motion to Dismiss
[Doc. 133] is GRANTED. The Court DISMISSES WITH PREJUDICE the claims against HCDAGO brought under 42 U.S.C. § 1983, and the Court DISMISSES WITHOUT PREJUDICE all claims against HCDAGO brought under Tennessee state law.
3. The Hamilton County Department of Education and Rick Smith's Motion to
Dismiss [Doc. 137] is GRANTED. The Court DISMISSES WITH PREJUDICE the claims against HCDE and Smith brought under 42 U.S.C. § 1981, and the Court DISMISSES WITHOUT PREJUDICE all claims against HCDE and Smith brought under Tennessee state law.
Case 1:17-cv-00172-CHS Document 152 Filed 03/26/19 Page 1 of 2 PageID #: 1785
4. Hamilton County District Attorney General Pinkston's Motion to Dismiss [Doc. 131] is GRANTED. The Court DISMISSES WITH PREJUDICE the claims against Pinkston in his official and individual capacities brought under 42 U.S.C. §§ 1981 and 1983, and the Court DISMISSES WITHOUT PREJUDICE all claims against Pinkston brought under Tennessee state law.
IT IS SO ORDERED.
/s/ Christopher H. Steger
UNITED STATES MAGISTRATE JUDGE
Case 1:17-cv-00172-CHS Document 152 Filed 03/26/19 Page 2 of 2 PageID #: 1786
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