BIRGS v. City of Memphis

ORDER GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

SAMUEL H. MAYS, JR., District Judge.

Before the Court is Defendant City of Memphis’ (the “City”) August 6, 2009, Motion to Dismiss Plaintiff Shanteau Birgs’ suit. See Fed.R.CivJP. 12(b)(6). Plaintiff responded in opposition on September 8, 2009. The City argues that 1) this Court does not have jurisdiction to hear Birgs’ claim under the Tennessee Governmental Tort Liability Act (“TGTLA”), Tenn.Code Ann. §§ 29-20-101 — 408; 2) Birgs has failed to plead facts sufficient to support a cause of action under 42 U.S.C. § 1983; and 3) Birgs has…