Flanagan et al v. City of Dallas, Texas et al, No. 3:2013cv04231 - Document 42 (N.D. Tex. 2014)
Court Description: Order Accepting 38 Findings and Recommendations on Case. Defendant City of Dallas's 19 Motion to Dismiss for Failure to State a Claim is granted in part. (Ordered by Judge Barbara M.G. Lynn on 9/23/2014) (jrr)
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Flanagan et al v. City of Dallas, Texas et al Doc. 42 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COLLETTE L. FLANAGAN and RONDERALINE S. ALLEN, Plaintiffs, V. CITY OF DALLAS, TEXAS and CLARK STALLER, Defendants. § § § § § § § § § § § § 3:13-CV-4231-M-BK ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made Findings, Conclusions and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Defendant City of Dallas’s motion to dismiss is GRANTED in part. Plaintiffs’ racial profiling and excessive force claims based on a policy of racial profiling are DISMISSED WITHOUT PREJUDICE. Plaintiffs may replead such claims in an effort to state a claim by October 6, 2014. Defendants’ claims under the Fourteenth Amendment, not the Fourth Amendment, are DISMISSED WITHOUT PREJUDICE. The balance of Defendants’ Motion to Dismiss is DENIED. SO ORDERED this 23rd day of September, 2014. _________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS Dockets.Justia.com
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