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Ray v. Estate of Gray

United States District Court, S.D. Alabama, Northern Division

May 31, 2019

SYLVIA RAY, as personal representative of the Estates of Paige Mitchell and Kaci Mitchell, Plaintiff,
v.
ESTATE OF BRADLEY ELLIOTT GRAY and CITY OF MOUNDVILLE, Defendants.

          ORDER

          KRISTI K. DUBOSE CHIEF UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant City of Moundville's motion to strike/dismiss (Doc. 4), Plaintiff's response (Doc. 9) and Defendant's reply (Doc. 11); and Plaintiff's motion for leave to amend the complaint (Doc. 19) and Defendant's response (Doc. 20).

         I. Background

         On January 25, 2019, Plaintiff initiated this action in the Circuit Court of Hale County, Alabama alleging claims for wrongful death (of Paige Mitchell and Kaci Mitchell) and Section 1983 liability against the Estate of Bradley Elliott Gray (who killed the Mitchells with a firearm returned to him by the Moundville police department), the City of Moundville, the Moundville Police Department, and fictitious parties #1-10. (Doc. 1-1).[1] In so doing, Plaintiff describes fictitious parties #1-10 as follows and alleges the following claim against them (Count IV):

No. 1: The correct name of the defendant identified as the Estate of Bradley Elliott Gray, if that defendant has been improperly identified by that name;
No. 2: The personal representative of the defendant identified as the Estate of Bradley Elliott Gray;
No. 3: The administrator ad litem of the defendant identified as the Estate of Bradley Elliott Gray;
No. 4: The correct name of the defendant identified as City of Moundville, if that defendant has been improperly identified by that name;
No. 5: The correct name of the defendant identified as Moundville Police Department, if that defendant has been improperly identified by that name;
Nos. 6-10: The persons, officers, employees, agents or representatives of the defendants identified as City of Moundville and Moundville Police Department, who engaged in the conduct described in this complaint.
Plaintiffs aver that the identities of the fictitious party defendants are otherwise unknown to them at this time, or if their names are known, their identities as proper party defendants are not known to them at this time, and their true names will be substituted by amendment when ascertained.

         Count IV

         Claims Against ...


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