Hughes v. The City of Montgomery, Alabama et al, No. 2:2012cv01007 - Document 23 (M.D. Ala. 2013)
Court Description: OPINION AND ORDER as follows: (1) Defendants Kevin Murphy and R. C. Daniels's motion to dismiss 4 is granted. (2) Defendants Murphy and Daniels are dismissed without prejudice and terminated as parties. Signed by Honorable Judge Myron H. Thompson on 1/10/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )
Download PDF
<![CDATA[
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TERRY HUGHES, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. THE CITY OF MONTGOMERY, ALABAMA, a municipality, et al., Defendants. CIVIL ACTION NO. 2:12cv1007-MHT OPINION AND ORDER It is ORDERED as follows: (1) Defendants Kevin Murphy and R. C. Daniels s motion to dismiss (doc. no. 4) is granted. (2) Defendants Murphy and Daniels are dismissed without prejudice and terminated as parties. *** Plaintiff Murphy and capacities. Terry R. C. Hughes Daniels has in sued only defendants their Kevin official Damages suits against governmental officials in their official capacities are essentially the same as suits against the government itself. lawsuits are, in all respects Official capacities other than treated as a suit against the entity. name, ... Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105 (1985). Because damages are recovered from the government entity itself, and not the officials personal assets, the real party in interest is the entity and not the official personally. Id. Therefore, because Hughes has sued defendant City of Montgomery, Murphy and Daniels are unnecessary. DONE, this the 10th day of January, 2013. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
