Neely v. Elmore County

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MALCOLM NEELY, ) ) Plaintiff, ) ) v. ) CASE NO. 2:22-CV-177-WKW ) [WO] ELMORE COUNTY, et al., ) ) Defendants. ) MEMORANDUM OPINION AND ORDER In this

42 U.S.C. § 1983

action, Plaintiff challenges a local government’s condemnation of his property on due process grounds. Before the court is Defendants’ Motion to Dismiss Portions of Plaintiff’s Amended Complaint (Doc. # 16; see also Doc. # 17). The motion invokes Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff filed a response opposing the…