Ruble v. Escola et al
| Matthew D. Ruble |
| Timothy E. Escola, Janine England and Board of Trustees of Perry Township, Stark County, Ohio |
| 5:2009cv02173 |
| September 18, 2009 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Solomon Oliver |
| Defendant |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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Filing
54
Memorandum Opinion and Order For the aforementioned reasons, the Court denies England's motion for qualified immunity as to the false arrest claim pursuant to § 1983 and the state law false arrest claim. The Court grants the remaind er of England's motion. The Court grants Escola's motion for qualified immunity and summary judgment in its entirety. The Court also grants Perry Township's motion for summary judgment in its entirety. (ECF Nos. 37 , 38 , 42 ). Accordingly, this case proceeds only on the § 1983 and false arrest claims against Defendant England. Judge Benita Y. Pearson on 9/28/2012. (S,L)
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Filing
50
Memorandum Opinion and Order: The Court has not been able to ascertain from the docket or the pending motions whether the discovery conducted so far was limited to that necessary for the submission of summary judgment motions advancing the de fense of qualified immunity. To add to the uncertainty, at times, in the pending motions, Defendants write they are entitled to a judgment as a matter of law without further qualification, and, at other times, Defendants specifically indicate they a re motioning for judgment as a matter of law based upon the doctrine of qualified immunity.The Court, hereby, orders counsel to inform it of (1) whether the pending motion seeks a ruling on qualified immunity or the merits. And, because the Complain t alleges several causes of action, if a ruling on qualified immunity is sought, (2) inform the Court as to which counts of the Complaint that ruling is sought. The responses shall be filed no later than 4 p.m. on August 8, 2011. (Related documents 37 , 38 and 42 . Judge Benita Y. Pearson on 8/3/11. (BR,S)
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