Heidelberg v. Hibser et al
| Stephen Heidelberg |
| Paul Hibser, Nolan Macklin, Kenneth Decremer, John Sack, Robert Lee Watson, Paul Hilst, Larry Bernard, William Schalk, Unknown Officersof the Peoria Police Department, The Peoria County Sheriff's Department, Willard Koepple, Bernard Kennedy, Ronald Hamm, John Riddle, Jerry Brady, City of Peoria, County of Peoria and Emanuel Manias |
| 1:2018cv01161 |
| April 19, 2018 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Sara Darrow |
| Jonathan E. Hawley |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
220
ORDER entered by Chief Judge Sara Darrow on March 27, 2024. The 175 motion for summary judgment filed by Defendants City of Peoria, Holli Bain as the Independent Executor of the Estate of Paul Hibser, Robert Watson Jr. as the Independent Administr ator of the Estate of Robert Lee Watson, and David Wentworth II as the Independent Administrator of the Estate of Paul Hilst; and the 184 motion for summary judgment filed by Defendants County of Peoria, Larry Bernard, Emanuel Manias, and David Wentworth II as the Independent Administrator for the Estates of Kenneth DeCremer, Willard Koeppel, Nolan Macklin, John Sack, and William Schalk are GRANTED. The Clerk is directed to enter judgment and close the case. (ARR)
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Filing
129
ORDER entered by Chief Judge Sara Darrow on November 30, 2020. The 104 105 107 108 motions to dismiss filed by Koeppel and Kennedy; Watson, Hilst, DeCremer, Macklin, Schalk, Sack, Manias, Bernard, and Hibser; Brady, Hamm, and Riddle; and the City of Peoria and the County of Peoria are GRANTED IN PART and DENIED IN PART. Defendants' 120 Motion for Leave to File a Reply, 121 Motion for Leave to File Supplemental Authority, and 124 Motion to Apprise Court of Case Law Development are GRANTED. Count I's Fourteenth Amendment claim is dismissed. Any failure to investigate claim in Count II is dismissed. Count III is dismissed as to all Defendants except for Manias, Hamm, and Riddle. Count V is dismissed, as is the malicious prosecution claim in Count VIII. The abuse of process claim against Hamm and Brady is dismissed. To the extent any of the claims against Riddle are based on actions for which he is entitled to absolute immunity, those claims are dismissed. All respo ndeat superior claims against the County of Peoria are dismissed. Punitive damages are not available against any Defendant for the state law claims and against the deceased Defendants for the federal constitutional claims. Count I's Fourth Amend ment claim, Count VI's IIED claim, and Count VII's civil conspiracy claim survive against all Defendants. Count II's fabrication of evidence and destruction of evidence claim and Count IV's failure to intervene claim survive again st all 1970 Defendants. The Brady claim in Count II survives against the Officer and Sheriff Defendants. Count III's deprivation of counsel claim survives against Manias, Hamm, and Riddle. The indemnification claim in Count XI survives against the City of Peoria and the County of Peoria, and the respondeat superior claim in Count X survives against the City of Peoria. (AAK, ilcd)
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