United States District Court, N.D. Alabama, Middle Division
MEMORANDUM OPINION AND ORDER
ANNEMARIE CARNEY AXON, UNITED STATES DISTRICT JUDGE.
a 42 U.S.C. § 1983 unlawful detention action.
Defendants, City of Boaz Police Officers Quenton Scott and
Brandon Hester, arrested pro se Plaintiffs Robin Zak
Armstrong and Timothy-Brian Armstrong. The Plaintiffs allege
that Officer Scott and Officer Hester violated their civil
rights by not taking them directly to a magistrate judge for
a probable cause determination after the arrests.
the court are the Plaintiffs' motions for leave to amend
their complaint. (Doc. 161; Doc. 166). The parties have fully
briefed the motions. (Doc. 161; Doc. 162; Doc. 166; Doc.
167). For the reasons explained below, the court
DENIES the motions for leave to amend.
Plaintiffs filed their initial complaint on June 30, 2016.
(Doc. 1). The Plaintiffs' original complaint asserted
various claims against a number of defendants, including
Officers Scott and Hester, the City of Boaz, Mayor Tim
Walker, Boaz City Prosecutor Danny Smith, and Captain Michael
Hempel. (Doc. 1). The Defendants moved to dismiss the
Plaintiffs' complaint. (Doc. 13; Doc. 15). Pending a
ruling on the motions to dismiss, the court (Hopkins, J.)
stayed discovery. (Doc. 29).
response to the motions to dismiss, the Plaintiffs filed an
amended complaint. (Doc. 30; Doc. 30-1; Doc. 31). The court
(Hopkins, J.) struck the Plaintiffs' amended complaint as
an improper shotgun pleading and as non-compliant with Rule
15 of the Federal Rules of Civil Procedure because the
Plaintiffs did not receive leave of court or consent of the
opposing parties to file the amended complaint. (Doc. 37 at
3-6). The court (Hopkins, J.) gave the Plaintiffs an
opportunity to file another amended complaint. (Doc. 37 at
November 21, 2016, the Plaintiffs filed a second amended
complaint. (Doc. 39). The Defendants filed a motion to
dismiss the second amended complaint on January 11, 2017.
(Doc. 43). On February 14, 2017, without obtaining leave to
amend or consent of the opposing parties, the Plaintiffs
filed a third amended complaint. (Doc. 46). The Defendants
filed a motion to dismiss the third amended complaint. (Doc.
24, 2017, the court (Hopkins, J.) granted in part and denied
in part t h e Defendants' mo tion to dis miss the third
ame nded complaint . (Do c . 81). In addition to dismissing
other claims, the court (Hopkins, J.) dismissed Ms.
Armstrong's § 1983 claims against the City of Boaz
for failure to train and failure to enforce policy and
terminated the City of Boaz as a defendant. (Doc. 81 at
17-21). Following the ruling, the only claims remaining in
this action are Ms. Armstrong's Fourth Amendment unlawful
detention claim against Officer Hester and Mr.
Armstrong's Fourth Amendment unlawful detention claim
against Officer Scott. (Doc. 81 at 59).
Plaintiffs and the remaining defendants, Officer Scott and
Officer Hester, submitted a report of the parties'
planning meeting, and the court (Hopkins, J.) entered a
scheduling order. (Doc. 92; Doc. 94). The scheduling order
imposed the following relevant deadlines:
• Plaintiffs' deadline to amend pleadings: October
• Discovery deadline: April 4, 2018; and
• Dispositive motion deadline: May 4, 2018.
2, 2018, the Defendants filed motions for summary judgment.
(Doc. 148; Doc. 149). The Plaintiffs filed responses on May
30, 2018. (Doc. 156; Doc. 157; Doc. 158). The ...