Legal Opinion

James Paul Fogarty, a deceased person by and through Paul Fogarty, his natural parent and duly appointed guardian and conservator v. Barry County, et al

District Court, W.D. Missouri

Decided November 10, 2025No. 3:25-cv-05018Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION JAMES PAUL FOGARTY, a deceased ) person by and through PAUL FOGARTY, ) his natural parent and duly appointed ) guardian and conservator, ) ) Plaintiff, ) ) v. ) No. 3:25-CV-05018-DPR ) BARRY COUNTY, et al, ) ) Defendants. ) ORDER Before the Court is a Motion for Partial Judgment on the Pleadings. (Doc. 5.) Pursuant to Federal Rule of Civil Procedure 12(c), Defendants Barry County and Sheriff Danny Boyd (collectively, “Defendants”) move for dismissal of Count IV of Plaintiff’s Complaint against them.…

2Cases cited22 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
  5. Southers v. City of FarmingtonSupreme Court of Missouri · 2008

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