Gray v. City of Evergreen, Alabama et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
IVAN KEITH GRAY, )
)
Plaintiff, )
)
v. ) Civil Action No. 24-00141-KD-B
)
CITY OF EVERGREEN, ALABAMA, )
et al., )
)
Defendants. )
ORDER
After due and proper consideration of the issues raised, and a de novo determination of those
portions of the recommendation to which objection is made, the report and recommendation of the
United States Magistrate Judge made under 28 U.S.C. § 636(b)(1) and S.D. Ala. GenLR
72(a)(2)(S) and dated September 20, 2024, (Doc. 23), is ADOPTED as the opinion of this Court.
It is ORDERED that Defendants’ motion to dismiss, (Doc. 3), is granted in part and denied in
part as follows:
The motion to dismiss Gray’s Title VII claims against Defendants Stallworth, Edwards,
and Caylor in their individual capacities as asserted in the first cause of action is GRANTED, and
Gray’s Title VII claims against Defendants Stallworth, Edwards, and Caylor in their individual
capacities are DISMISSED with prejudice.
The motion to dismiss Gray’s claims against Defendants Stallworth, Edwards, and Caylor
in their official capacities as asserted in his first, second, third, and fourth causes of action is
GRANTED, and all of Gray’s claims against Defendants Stallworth, Edwards, and Caylor in their
official capacities are DISMISSED with prejudice.
The motion to dismiss Gray’s claims against Defendants Stallworth, Edwards, and Caylor
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in their individual capacities as asserted in his second, third, and fourth causes of action based on
absolute legislative immunity is DENIED.
DONE and ORDERED this the 22nd day of October 2024.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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