Gordon v. Neugebauer et al, No. 1:2014cv00093 - Document 164 (N.D. Tex. 2014)

Court Description: Memorandum Opinion and Order. Plaintiffs Motion to Strike 143 and 162 is DENIED. Defendants' Motion to Dismiss is GRANTED. The following claims in Plaintiffs First Amended Complaint against Abilene Behavioral Health, LLC, Acadia Healthcare Company, Inc., Daniel Ryan Freshour, Tori Hicks, and Duane C. Miller are hereby DISMISSED WITH PREJUDICE: (1) Plaintiffs 42 U.S.C. §1983 claim, and (2) Plaintiffs civil RICO claim under 18 U.S.C. §1964(c). The following claims against Abi lene Behavioral Health, LLC, Acadia Healthcare Company, Inc., Daniel Ryan Freshour, Tori Hicks, and Duane C. Miller are hereby DISMISSED WITHOUT PREJUDICE: (1) false imprisonment; (2) intentional infliction of emotional distress (3) violation of Tex. Bus. & Com. Code § 17.12; (4) violation of Tex. Bus. & Com. Code §17.46(b)(2) & (3); (5) violation of Tex. Health & Safety Code § 573.025 & 576.006, and (6) violation of Tex. Health & Safety Code § 576.025. Plaintiff is free to refile these state law claims in Texas state court. Parties Daniel Ryan Freshour, Tori Hicks, Duane C Miller, Abilene Behavioral Health, LLC and Acadia Healthcare Company, Inc. terminated. (Ordered by Judge Mary Lou Robinson on 11/21/2014) (mmg)