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BIRGS v. CITY OF MEMPHIS

Case No. 09-2468.

686 F.Supp.2d 776 (2010)

Shanteau BIRGS, Plaintiff, v. The CITY OF MEMPHIS; Kenneth Gibbs, John Gorley, and William Kingery, in their individual capacities, Defendants.

United States District Court, W.D. Tennessee, Western Division.

February 18, 2010.

Attorney(s) appearing for the Case

Kathy Baker Tennison, Stuart B. Breakstone, Breakstone & Associates, Memphis, TN, for Plaintiff.

Henry L. Klein, Apperson Crump & Maxwell, PLC, Philip Eric Oliphant, City Attorney's Office, Memphis, TN, for City of Memphis.

Deborah A. Godwin, Mary Elizabeth McKinney, Godwin Morris Laurenzi & Bloomfield, P.C., Memphis, TN, for Kenneth Gibbs, John Gorley, William Kingery.

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.Civ.P. 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...

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