OLIVER v. BAITY et al
| JEREMY JEROME OLIVER |
| JERAMIE WILLIAM BAITY, NORTH CAROLINA HIGHWAY PATROL, WILLIAM T. SCHATZMAN, TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA and FORSYTH COUNTY, NORTH CAROLINA |
| 1:2014cv00921 |
| October 31, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| JOE L. WEBSTER |
| N. C. TILLEY |
| Other Civil Rights |
| 28 U.S.C. ยง 1343 |
| Plaintiff |
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Filing
55
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 09/23/2016; that the Schatzman Defendants' Motion for Summary Judgment (ECF No. 30 ) on all claims is GRANTED, and each of those Defendants are hereby dismissed with prejudice f rom this lawsuit and that the Baity Defendants' Motion for Summary Judgment (ECF No. 35 ) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to all claims against the North Carolina Highway Patrol, and the North Carolina Highway Patrol is hereby dismissed with prejudice from this action. In addition, the motion is GRANTED as to all § 1983 claims against Baity in his official capacity, the § 1983 claim of deliberate indifference against Baity in his individual ca pacity, and all claims against Baity in his official capacity under the North Carolina Tort Claims Act. The motion is DENIED as to the § 1983 claim of excessive force against Baity in his individual capacity, and the state law claims of assau lt and battery. The remaining parties shall appear before this Court for a pre-trial hearing on the issue of qualified immunity with respect to the remaining § 1983 claim against Baity in his individual capacity. The hearing shall occur on Wednesday, October 5, 2016 at 9:30 a.m., in Winston-Salem, North Carolina in Courtroom No. 1. (Garland, Leah)
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