Under Rule 56 c of the Federal Rules of Civil Procedure, summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Catrett, U. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the non-moving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof.
To avoid summary judgment, the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts. Zenith Radio Corp.
On the other hand, a court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the non-moving party's favor. Anderson v. Liberty Lobby, Inc. After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
On March 15, , Defendants removed the action to this Court invoking its subject matter jurisdiction over certain of the claims pursuant to 28 U. Although not specifically mentioned in the Notice of Removal, this Court has supplemental jurisdiction over the majority of the claims in this action pursuant to 28 U. Plaintiffs' Second Amended Complaint invokes that statute. See Doc. The claims currently brought in this lawsuit are set forth in Plaintiffs' Second Amended Complaint Doc.
Bentley "Bentley" and Ron Cook "Cook". Based on these claims McQuirter and her husband demand punitive damages, compensatory damages, costs, and attorney's fees from Cook, Bentley, and the City of Montgomery. In this Court's view, the Second Amended Complaint contains little in the way of an explanation of the factual predicate for the federal claims against the City of Montgomery.
There are no allegations in the Second Amended Complaint that identify any official policy or custom of the City of Montgomery as having caused the violations of the DPPA which form the predicate for all federal claims in this action. Defendants to this action have brought certain claims against two third party defendants for fraud. The Court has jurisdiction over these claims pursuant to 28 U. Neither third party defendant has elected to defend against the third party claims.
Consequently, the Defendants have had the Clerk of the Court enter default against the third party defendants and have a motion pending for default judgment. Also pending before the Court are cross motions for summary judgment on the claims of McQuirter and her husband against Defendants. The City of Montgomery, Bentley and Cook seek summary judgment on all of the claims against them. Bentley and Ron Cook Doc. During the sting, male undercover police officers picked up female prostitutes and took them into custody. As a result of the sting, MPD police officers arrested ten women for prostitution for allegedly offering sex for money.
One of the ten women arrested was Tiffany Riley "Riley".
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Photographs of each person arrested must accompany the paperwork. Bentley, an officer with the MPD, was assigned to the processing team responsible for booking the ten women arrested on September 15, and preparing the necessary paperwork documenting the arrest. Bentley processed the information on Riley. When Bentley asked Riley for her address and date of birth, Riley provided Gwendolyn McQuirter's address and date of birth. When Bentley asked Riley for her social security number, Riley did not provide one.
Riley has been friends with McQuirter for several years and may have occasionally lived at McQuirter's home. Consequently, she knew McQuirter's address and date of birth.
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As previously stated, Bentley was required to attach a copy of a photograph of each person arrested to the paperwork she submitted to her supervisors. Sometimes prior booking photographs from earlier arrests are used for this purpose, but there was no such photograph available of McQuirter. LETS permits law enforcement to access information contained on an individual's driver's license records, including the driver's license photograph. Lieutenant Crockett, the lieutenant supervising Bentley received the photographs and paperwork from Bentley, including McQuirter's driver's license photograph.
Lieutenant Crockett put copies of the photographs along with the daily activity report on the desk of the Major and the Captain. Lieutenant Crockett then contacted Cook, the on-call Public Information Officer for the MPD and told him they had had a prostitution sting which resulted in several arrests. Lieutenant Crockett told Cook where he could find copies of the photographs of the women arrested in the prostitution sting.
Cook immediately retrieved the photographs and took them to the MPD headquarters.cloudboyfriend.com/program-to-tracker-mobile-galaxy-m10.php
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The records office is open weekdays from 8 a. Only the victim or complainant may obtain a copy from the Records Office without a proper court order. A Protection Order is a court order issued under the Protection From Abuse Act PFA which provides limited protection for people who have been threatened, harassed, or physically abused plaintiff. It may also address issues regarding custody of children, distribution of personal property, and temporary possession of the family residence. A Protection Order is a civil matter and only applies to domestic violence cases. There is no filing fee for a petition for a Protection from Abuse Order.
You can file for a PFA if you are at least 18 years old and have one of the following intimate relationships with an abuser:. After a Petition for a Protection Order is filed, the judge may issue an ex parte emergency order which is only effective until your hearing. This final hearing date should be included on an emergency order.
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A hearing shall be held after the filing of a petition at the request of the defendant or within 10 days of service to the defendant. A final protection order is permanent unless otherwise specified by court order. Copies should be provided to each place listed on the order employment, schools, etc. Although a Protection Order can be an important tool in discouraging incidences of domestic violence, it is a judicial order and not a shield to protect you. The local domestic violence shelter, SafeHouse, is available hours a day for emergency shelter.
They can also assist in developing a safety plan and provide counseling. Calera Municipal Court has jurisdiction over prosecutions for violations of municipal ordinances and State misdemeanor offenses occurring within Calera city limits and police jurisdiction. Note: These companies may ask you to fill out a notarized Affidavit of Forgery or provide a written statement and copies of a police report or other documents to them.
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Victim Assistance Department P. Box Fullerton, CA. Experian Attn. Box Allen, TX. Equifax Attn. Fraud Unit P. Box Atlanta, GA. Any person who is an innocent victim of criminally injurious conduct and who has sustained personal injuries as a result; or a surviving spouse or child of a victim who died as a result of criminally injurious conduct may be eligible for compensation.
Compensation may be provided for medical expenses due to personal injuries or for funeral and counseling services. Expenses covered by another source cannot be paid. You may be eligible for compensation if you meet the following criteria:. Restitution expenses will also be considered in a case where an offer of settlement is made.