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ORR v. STURDIVANT

Civil Action No. 4:13-cv-135-NBB-JMV.

DEWAYNE ORR, Plaintiff, v. LT. ROBERT STURDIVANT, et al., Defendants.

United States District Court, N.D. Mississippi, Greenville Division.

October 8, 2014.

Attorney(s) appearing for the Case

Dewayne Orr, Plaintiff, represented by Steven Todd Jeffreys , POVALL & JEFFREYS, PA.

Lt. Robert Sturdivant, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Officer Tyler, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Officer Lewis, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Officer Kisha Davis, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Mississippi Department of Corrections, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Warden Faye Noel, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Deputy Warden Reginald Stewart, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Associate Warden Darlester Foster, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Deputy Warden Marshal Turner, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

Superintendent Earnest Lee, Defendant, represented by Keith Lerone Gates , OFFICE OF ATTORNEY GENERAL.

ORDER ON MOTION TO DISMISS

JANE M. VIRDEN, Magistrate Judge.

This matter is before the court on Defendant's Motion to Dismiss Based on Eleventh Amendment Immunity and Qualified Immunity [27]. Upon due consideration of the parties' submissions and the relevant law, the court finds the motion should be granted in part and denied in part for the reasons hereafter discussed.

Allegations by Plaintiff and Defendants<...

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