United States District Court, M. Alabama , Southern Division. Bobbie S. Crook , Bobbie S. Crook, P. Harrell , Dusty L. Collier H. Espy, Jr. Gilliland, Jr. Holstsford , Rick A.
As amended, the complaint contains thirteen counts. Counts One and Two allege Defendants violated McCray's Fourteenth Amendment equal protection rights by discriminating against him on the basis of race African-American and disability. Count Three states a claim for a violation of the Fifth Amendment privilege against selfincrimination. Count Four is a claim which states Defendants violated the Fourth Amendment protection against unlawful seizure. Count Five alleges Defendants used excessive force in violation of the Fourth Amendment.
Count Six states a Fifth Amendment claim for deliberate indifference to serious medical needs. Count Seven is a Fourth Amendment malicious prosecution claim. In Count Ten, the remaining federal cause of action, McCray alleges that Defendants conspired to deprive him of equal protection rights under 42 U.
In Counts Eleven through Thirteen McCray asserts state law claims against police defendants for assault and battery, false imprisonment, malicious prosecution and intentional infliction of emotional distress.
After careful consideration of the arguments of counsel , the relevant law, and the record as a whole, the court concludes that Defendants ' Motions are due to be granted in part and denied in part. The court exercises subject matter over this action pursuant to 28 U. The Parties do not contest personal jurisdiction or venue. After McCray and the children entered the restaurant, Hart approached them. Police defendant Woodruff was dispatched to what she described as "a private property traffic incident" at a Quincy's restaurant in Dothan, Alabama.
