Tollison v. City of Independence, Kentucky et al
| Carl David Tollison |
| City of Independence, Kentucky, Independence Police Department, Officer G. Hallau, Captain Anthony Lucas, Chief Shawn Butler and Unknown Officers of the Independence Police Department |
| 2:2013cv00055 |
| April 10, 2013 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Kenton |
| David L. Bunning |
| Candace J. Smith |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
58
MEMORANDUM OPINION & ORDER: (1) Officer Hallau and Captain Lucas Motion for Summary Judgment 38 is GRANTED IN PART AND DENIED IN PART; (a) The Motion is GRANTED as to Count I (§ 1983 unlawful arrest), Count II ( § 1983 unlawful detention/confinement), Count IV (§ 1983 conspiracy), Count IX (malicious prosecution), Count X (abuse of process) and Count XI (intentional infliction of emotional distress);(b) The Motion is DENIED as to Count III (§ 1983 excessive force), Count VI (assault), Count VII (battery), Count VIII (false imprisonment), Count XII (negligent infliction of emotional distress), Count XIII (negligence) and Count XIV (gross negligence); (2) Chief Butler and Mayor Moriconis Motion for Summary Judgment 38 is GRANTED IN PART AND DENIED IN PART; (a) The Motion is GRANTED as to Count V (§ 1983 ref using or neglecting to prevent harm) and Counts XIIXIV (negligent hiring, training and supervision); (b) The Motion is DENIED as to Count VI (assault based on a respondeat superior theory), Count VII (battery based on a respondeat superior theory), Count VIII (false imprisonment based on a respondeat superior theory), Count XII (negligent infliction of emotional distress based on a respondeat superior theory), Count XIII (negligence based o n a respondeat superior theory) and Count XIV (gross negligence on a respondeat superior theory); (3) The City and IPDs Motion for Summary Judgment 38 is GRANTED IN PART AND DENIED IN PART; (a) The Motion is GRANTED as to Count IV (§ 19 conspiracy), Count V (§ 1983 refusing or neglecting to prevent harm) and Counts XIIXIV (negligent hiring, training and supervision); (b) The Motion is DENIED as to Count VI (assault b ased on a respondeatsuperior theory), Count VII (battery based on a respondeat superior theory), Count VIII (false imprisonment based on a respondeat superior theory), Count XII (negligent infliction of emotional distress ba sed on a respondeat superior theory), Count XIII (negligence based on a respondeat superior theory) and Count XIV (gross negligence on a respondeat superior theory); and (4) The parties to this action shall file a Joint Notice of available pre-trial and trial dates within twenty (20) days of the date of entry of this Order . Signed by Judge David L. Bunning on 09/25/2015.(KRB)cc: COR
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