Pugh v. Phenix City Police Department et al (MAG+)(JOINT ASSIGN), No. 3:2014cv00178 - Document 22 (M.D. Ala. 2015)

Court Description: JUDGMENT: it is ORDERED as follows: (1) The magistrate judge's 21 recommendation, to which no objection has been filed, is adopted; (2) The 8 motion to dismiss is granted to the extent that the Title VII claim against dfts Ray Smith and Robe rt Casteel in their individual capacities is dismissed; (3) The 8 motion to dismiss is denied to the extent that the Title VII claim against dfts Smith and Casteel in their official capacities is not dismissed; (4) The 8 motion to dismiss is gran ted to the extent that dft Phenix City Police Department is dismissed and terminated as a party; (5) The plf is allowed 14 days from the date of this order to file an amended complaint that names the proper dft or dfts, in place of dft Phenix City Po lice Department, and that contains a short and plain statement setting forth specific factual allegations from which it could be reasonably inferred that his employer discriminated against him on the basis of his race; DIRECTING the clerk to enter th is document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is referred back to the magistrate judge and is not closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )