From Casetext: Smarter Legal Research

McCall v. Peters

United States District Court, N.D. Texas
Aug 28, 2001
No. 3:00-CV-2247-D (N.D. Tex. Aug. 28, 2001)

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, Louisiana

Opinion

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.


Summaries of

McCall v. Peters

United States District Court, N.D. Texas
Aug 28, 2001
No. 3:00-CV-2247-D (N.D. Tex. Aug. 28, 2001)

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, Louisiana
Case details for

McCall v. Peters

Case Details

Full title:DAVID WAYNE McCALL, ID # 876980, Plaintiff, vs. SCOTT PETERS, et al.…

Court:United States District Court, N.D. Texas

Date published: Aug 28, 2001

Citations

No. 3:00-CV-2247-D (N.D. Tex. Aug. 28, 2001)

Citing Cases

Shanks v. Parish of Jefferson, Louisiana

256 F.3d 349, 355 (5th Cir. 2001). See also McCall v. Peters, 2001 WL 1082417 at *8 (N.D. Tx. Aug. 28, 2001)…

Scott v. Curry

Plaintiff did not state claims against the defendants in an individual capacity, but even if his claims were…