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MIMS v. STATE

No. 1:12-cv-887-MEF.

RICHARD MIMS, Plaintiff, v. STATE OF ALABAMA, and AGENT D. BOGAN, Defendants.

United States District Court, M.D. Alabama, Southern Division.

June 25, 2013.

Attorney(s) appearing for the Case

Richard Mims, Plaintiff, represented by Mark Andrew Overall , Mark Overall & Associates, LLC.

State of Alabama, Defendant, represented by Joseph Wallace Adams , Joe W. Adams Attorney at Law.

D. Bogan, Defendant, represented by Joseph Wallace Adams , Joe W. Adams Attorney at Law.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

This lawsuit arises from Plaintiff Richard Mims's ("Plaintiff" or "Mims") arrest on a public intoxication charge on October 7, 2011. Mims claims that he was arrested without probable cause and subjected to the use of unreasonable and excessive force in violation of his constitutional rights. Before the Court is the Motion to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction...

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