Citation Codes Equivalent Citations citation codes Docket Number Case No.: 3:09-CV-0063. Motions Motion to dismiss : In Part Judges Aleta Arthur Trauger See more information ... Smart Summary Please sign up to generate summary. JOHN OSHOP, GLENDA OSHOP, and CHRISTINA OSHOP, by and through her natural guardians and next friends, JOHN OSHOP, and GLENDA OSHOP, Plaintiffs, v. TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES, JOHN DOE ONE, JOHN DOE TWO, ANGEL McCLOUD, RUTHERFORD COUNTY BOARD OF EDUCATION, HARRY GILL, Director of Schools, MARY BYRNES, Chairman, TERRY HODGE, Vice Chairman, WAYNE BLAIR, DONALD JERNIGAN, DORRIS E. JERNIGAN, SR., GRANT KELLEY, and RICHARD E. WISE, Defendants. ORDER ALETA TRAUGER, District Judge For the reasons expressed in the accompanying Memorandum, the defendants' Motion to Dismiss (Docket No. 10) is GRANTED IN PART AND DENIED IN PART. The plaintiffs' constitutional claim against the John Does, in their individual capacities, may proceed. All claims against DCS and the John Does, in their official capacities, are dismissed with prejudice. The state law NIED claim against the John Does, in their individual capacities, is dismissed without prejudice. It is so ordered.