Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lee v. Morgan

United States District Court, Northern District of Alabama, Southern Division

May 1, 2015

PHYLLIS LEE, Plaintiff,
v.
NINA MORGAN, et al., Defendants.

MEMORANDUM OPINION

R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

This case is before the court on Motions to Dismiss filed by: (1) the Honorable Hoyt Elliot, Circuit Judge for the Fourteenth Judicial Circuit of Alabama (Doc. # 17), (2) Attorney Peter M. Wright (Doc. # 20), (3) Nina Perry Morgan and William A. Morgan, Plaintiffs sister and brother-in-law (Doc. # 22), and (4) Attorney Joe Hudson (Doc. # 26). Plaintiff has responded to the Motions. (Docs. # 28-31, and 37).

This case was filed on June 24, 2014. (Doc. # 1). On June 27, 2014, the court ordered Plaintiff to amend her Complaint to more precisely state her claims. (Doc. # 3). On July 31, 2014, Plaintiff filed an Amended Complaint. (Doc. # 4). Despite the court’s instruction that Plaintiff “set forth each claim separately, in a short, plain statement, referencing the statute or law under which each separate claim is brought, the factual basis for such claim, and the relief sought under each separate claim” (Doc. # 3), the Amended Complaint, at best, is unclear as to the claims Plaintiff is asserting as well as their viability.

I. Background

As best the court can tell, Plaintiffs Amended Complaint contains the following claims:

1. Assault and Battery and Tort of Outrage based on conduct occurring in 2002. (Doc. # 4 at 2).
2. Failure to Prosecute under color of law based on the 2002 Assault and Battery. (Doc. # 4 at p.3).
3. Removal of Plaintiff as her Mother’s guardian in 2005. (Doc. # 4 at 4).
4. Invasion of Privacy based on entry into a camper. (Doc. # 4 at 5).
5. Deprivation of Due Process and Conversion of Property based on a civil action where land deeds from Plaintiff’s incapacitated mother to Plaintiff were voided. (Doc. # 4 at 7).
6. Deprivation of Property where Plaintiff attempted to tow a trailer she had not had possession of for years which was parked on a highway. (Doc. # 4 at 10-11).
7. Plaintiff’s challenge to the legality of an appeal of a prior civil case to the Alabama Court of Civil Appeals. (Doc. # 4 at 12-14).
8. Removal of Plaintiff’s mother from her home in 2005, a matter over which a prior civil action was filed in state court. (Doc. # 4 at 15-16).
9. Theft of Property in November 2012. (Doc. # 4 at 17).
10. Plaintiff’s (further) challenge to the legality of an appeal of a prior civil case, which voided land deeds to Plaintiff, to the Alabama Court ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.