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Allen v. Montgomery County

November 19, 2009

LONNELL S. ALLEN, SR., PLAINTIFF
v.
MONTGOMERY COUNTY, ET AL., DEFENDANTS



The opinion of the court was delivered by: Gene E.K. Pratter United States District Judge

ORDER

AND NOW, this 19th day of November 2009, upon consideration of Defendants' Motion to Dismiss the Amended Complaint (Docket No. 5), and Plaintiff's Response (Docket No. 7), it is hereby ORDERED that the Motion is GRANTED in part and DENIEDin part for the reasons set forth in the accompanying Memorandum as follows:

1. Montgomery County Correctional Facility is DISMISSED from this case.

2. Warden Julio M. Algarin is DISMISSED from this case.

3. With regard to Count IV of the Amended Complaint, Plaintiff's punitive damages claim against the Montgomery County Correctional Facility Board of Prison Inspectors is DISMISSED.

4. In all other respects, Defendants' Motion to Dismiss is DENIED.

20091119

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