Karney v. Naperville Police Department et al
| Patrick Karney |
| Naperville Police Department and John Doe |
| 1:2015cv04608 |
| May 26, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M. Durkin |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
49
MEMORANDUM Opinion and Order: For the foregoing reasons, (1) the City's Motion to Dismiss and Motion to Strike, 29 , is denied; (2) Officer Fletcher's Motion to dismiss, 33 , is denied; and (3) Officer Boogerd's Motion to Dismiss, [ 32],is granted as to Count Four of the Second Amended Complaint and denied in all other respects. Defendants are directed to file a joint status report on or before October 28, 2016. Status hearing set for 11/1/2016 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 10/18/2016:Mailed notice(srn, )
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Filing
23
MEMORANDUM Opinion and Order: The Court dismisses Karney's claims against the Naperville Police Department, and orders that the City of Naperville be joined in its place as the real party in interest. City Of Naperville added. Naperville P olice Department terminated. For the foregoing reasons, the City of Naperville's motion to dismiss 13 is granted as to Karney's claims against the City of Naperville only and denied as to the IIED claim against the individual officer def endants. Karney's Section 1983 claims against the City of Naperville, as alleged in Counts One, Two, Three and Six [sic Five] of the amended complaint (R. 10-1) are dismissed without prejudice. In addition, Karney's motion to amend his comp laint 20 is denied without prejudice. Karney shall have thirty days to file a new amended complaint. If, after thirty days, Karney has not filed an amended complaint, then Karney's Section 1983 claims against the City of Naperville will be dismissed with prejudice. Any amended complaint Karney files going forward shall name the City of Naperville as the proper Monell defendant. Signed by the Honorable Thomas M. Durkin on 10/22/2015:Mailed notice(srn, )
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