Layman v. Alexander

MEMORANDUM OF DECISION AND ORDER

COGBURN, United States Magistrate Judge.

THIS MATTER is before the Court on Defendants’ Motion to Dismiss the Second Amended Complaint. Having considered the pleadings, the parties’ briefs, the arguments of counsel, and the applicable law, the undersigned will grant in part and deny in part Defendants’ motion.

FACTUAL AND PROCEDURAL BACKGROUND

This action was filed on January 3, 2003 by Plaintiff Virginia Layman, as guardian of Ricky C. Layman, against Richard T. Alexander, in his individual and official capacities as Sheriff of Haywood County, North Carolina;…