Brown v. Smith

MEMORANDUM

CALDWELL, District Judge.

I. Introduction

Before the court for disposition are two motions filed on behalf of defendants in this case. The federal defendants have filed a motion to dismiss and the remaining state defendants have filed a summary judgment motion. 1 Plaintiff has filed timely opposition to these motions. Upon review of the entire record we have concluded that the federal defendants’ dismissal motion must be granted. Moreover, since no genuine issue of material fact exists with regard to the summary judgment motion, the state defendants are entitled to judgment as a…