Summary
recognizing that not all circuits have reached the same conclusion as the Eleventh Circuit on the liability of public officials in their individual capacities for FMLA violations, but recognizing and applying Wascura as binding precedent
Summary of this case from Spurrier v. Bd. of Trs. of the Univ. of Ala.Opinion
Case No. 4:14-cv-00595-VEH-HGD
03-11-2015
SUSAN CASEY, Plaintiff v. CITY OF GLENCOE, ALABAMA, Defendant
MEMORANDUM OPINION AND PARTIAL DISMISSAL ORDER
On February 23, 2015, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. No objections to the magistrate judge's report and recommendation have been filed by plaintiff or defendants.
After careful consideration of the record in this case and the magistrate judge's report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge. It is, therefore, ORDERED, ADJUDGED, and DECREED that the Motion for Judgment on the Pleadings filed by defendant Charles Gilchrist is due to be and hereby is GRANTED, and Charles Gilchrist hereby is DISMISSED WITH PREJUDICE as a defendant from this action. This action shall proceed against the City of Glencoe, Alabama.
The parties shall use the case style set out above in all future pleadings.
This action is REFERRED BACK to Magistrate Judge Davis for further proceedings.
DONE and ORDERED this 11th day of March, 2015.
/s/_________
VIRGINIA EMERSON HOPKINS
United States District Judge