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CHALMERS v. CLEMONS

No. 04-2694-DP.

359 F.Supp.2d 700 (2005)

David CHALMERS, Plaintiff, v. David CLEMONS, Individually and in his official capacity; and City of Memphis, Defendants.

United States District Court, W.D. Tennessee, Western Division.

February 15, 2005.

Attorney(s) appearing for the Case

Jimmy Moore, Circuit Court, 30th Judicial District Shelby County Courthouse Memphis, TN, pro se.

David A. McLaughlin, Cochran Cherry Givens Smith & Bolton, Memphis, TN, for Plaintiff.

Henry L. Klein, Apperson Crump & Maxwell, PLC, Memphis, TN, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CITY OF MEMPHIS' MOTION TO DISMISS

DONALD, District Judge.

This matter is before the Court on the motion of Defendant City of Memphis ("Defendant") to dismiss the complaint of Plaintiff, David Chalmers ("Plaintiff"), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The complaint, brought inter alia pursuant to the Tennessee Governmental Tort Liability Act ("GTLA") and...

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