Horn v. City of Covington, Kentucky et al
| Stephen Mark Horn |
| City of Covington, Kentucky, G Rogers and John Doe 1,2,3,4,5,6,7,8 |
| 2:2014cv00073 |
| April 11, 2014 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Boone |
| PSO |
| David L. Bunning |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
340
MEMORANDUM OPINION & ORDER: 1) Defendant Smiths Motion to Alter Judgment and Motion to Dismiss 324 is denied; 2) Plaintiff Horns Motion to Strike 327 is granted; 3) Plaintiff Horns Motion for Default Judgment 326 is denied; 4) Plaintiff Horns Motion to Reconsider 332 is granted in part and denied in part; specifically, the Courts 8/14/2018 Order 321 is amended as follows: Defendant William Kelleys Motion for Summary Judgment is denied as it pertains to Horns claim that Kelley used excessive force in lifting Horn while he washandcuffed and granted as it pertains to the remainder of Horns excessive-force claim against Kelley as well as all of Horns remaining claims. Signed by Judge David L. Bunning on 6/3/2019.(TJZ)cc: COR
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Filing
321
MEMORANDUM OPINION & ORDER: 1) Defendants Rogers, Kelley, Jones, and the City of Covingtons Motion for Leave to Exceed Page Limit 315 is GRANTED; 2) Defendants Rogers, Kelley, Jones, and the City of Covingtons Motion to Strike Plaintiffs Expert [2 95] is DENIED WITHOUT PREJUDICE, with the right to renew;3) Defendants Carl, Smith, Bishop, and Southern Health Partners Motion to Strike Plaintiffs Second Affidavit [309-1] is DENIED; 4) Defendants the City of Covington and Rogerss construed Motion for Reconsideration [283 at 12] is DENIED; 5) Defendants Rogers, Kelley, Jones, and the City of Covingtons Motion for Summary Judgment 283 is GRANTED IN PART AND DENIED IN PART as to Count One (§ 1983 excessive force), and GRANTED as to Count Two (§ 1983 second amendment retaliation), Count Three (§ 1983 malicious prosecution), Count Five (§ 1983 failure to intervene), Count Six (§ 1983 conspiracy), Count Nine (state-law malicious prosecution), Count Ten (intentional i nfliction of emotional distress), Count Eleven (negligent infliction of emotional distress), and Count Twelve (respondeat superior); 6) Defendants Gray, Linton, and Penningtons Motion for Summary Judgment 274 is GRANTED as to Count One (§ 1983 excessiveforce), Count Two (§ 1983 second amendment retaliation), Count Three (§ 1983malicious prosecution), Count Five (§ 1983 failure to intervene), Count Six (§ 1983 conspiracy), Count Nine (state-law malicious prosecution), C ount Ten (intentional infliction of emotional distress), and Count Eleven (negligent infliction of emotional distress); 7) Defendants Kenton County, Carl, Smith, andBishops Motion for Summary Judgment 281 is GRANTED IN PART AND DENIED IN PART as to Count Four (§ 1983 denial of medical care), and GRANTED as to Count Five (§ 1983 failure to intervene), Count Seven (§ 1983 supervisory liability), Count Nine (state-law malicious prosecution), and Count Ten (intentional-infliction-of -emotional-distress); 8) Defendants Southern Health Partners Motion for Summary Judgment 278 is GRANTED as to Count Four (§ 1983 denial of medical care); 9) Within 20 days from the date of the entry of this MemorandumOpinion and Order, the rem aining partiesPlaintiff Stephen Mark Horn, DefendantOfficer Greg Rogers, and Defendant Lieutenant Trey Smithshall file a Joint Status Report, setting forth available dates for a Final Pretrial Conference and Jury Trial, and whether they would be amendable to a court-facilitated settlement agreement on the remaining § 1983 excessive-force and § 1983 denial-of-medical-care claims. Signed by Judge David L. Bunning on 8/14/2018.(TJZ)cc: COR
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Filing
99
MEMORANDUM OPINION AND ORDER: 1) City of Covington's Motion to Dismiss 43 all § 1983 claims is granted. City of Covington's Motion to Dismiss Count XII (respondeat superior) is denied. 2) Michael Spike Jone s' Motion to Dismiss 43 all claims in his official capacity is granted. Jones' Motion to Dismiss Count II (Second Amendment retaliation), Count III (§ 1983 malicious prosecution), Count X (intentio nal infliction of emotional distress), and Count XI (negligent infliction of emotional distress) in his individual capacity is granted. Jones' Motion to Dismiss Count 1 (use of excessive force), Count V (failur e to intervene), Count VI (conspiracy), Count VII (failure to supervise), and Count IX (state law malicious prosecution) in his individual capacity is denied. 3) Kenton County Defendants' Motion to Dismiss [66 ] Horn's § 1983 claims is denied. Kenton Co Det Center, Terry Carl's (official capacity) Motion to Dismiss 66 Count X (intentional infliction of emotional distress) and Count XII (respondeat superior) i s granted. Carl (in his individual capacity), Smith, Bishop and unknown employees of KCDC's Motion to Dismiss 66 Count X is denied. 4) SHP's Motion for summary judgment 87 on § 1983 claims is denied. SFP's Motion for Summary Judgment on Count X and XII is granted. 5) Trusty's Motion to Dismiss 51 Count VIII is granted. Signed by Judge David L. Bunning on 7/1/2015. (TJZ)cc: COR Modified text on 7/1/2015 (TJZ).
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