Smith v. Popish et al, No. 5:2017cv00129 - Document 11 (N.D.W. Va. 2017)

Court Description: MEMORANDUM ORDER AND OPINION GRANTING IN PART AND DENYING IN PART 4 CITY OF WEIRTON'S MOTION TO DISMISS: Counts I and IV of the plaintiffs Complaint, and any request for punitive (exemplary) damages, are hereby DISMISSED as to the defendant, City of Weirton. Signed by District Judge John Preston Bailey on 10/2/2017. (copy to counsel via CM/ECF) (nmm)