Ashcraft v. Crown Point City of et al
| Steven R Ashcraft |
| Crown Point Indiana City of, Sgt Meece, D Wilkins, J McCowan, Crown Point City of Police Department and R Olson |
| 2:2013cv00080 |
| March 1, 2013 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| Paul R Cherry |
| Jon E DeGuilio |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
23
OPINION AND ORDER granting 9 MOTION for Partial Dismissal filed by Crown Point City of Police Department, Crown Point Indiana City of, R Olson, Sgt Meece, J McCowan, D Wilkins. All claims against the City of Crown Point Police Departme nt are DISMISSED WITH PREJUDICE. Plaintiffs Fourteenth Amendment claims under 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE as to all defendants. As to the City of Crown Point, Plaintiffs Fourth Amendment claims under § 1983 are DISMISSED W ITHOUT PREJUDICE, while his claim for intentional infliction of emotional distress is DISMISSED WITH PREJUDICE. As to Defendants McCowan, Wilkins, Meece, and Oslon in their official capacities, Plaintiffs § 1983 claims are DISMISSED WITH PREJUDI CE. As to those defendants individually, Plaintiffs claims under state law are DISMISSED WITHOUT PREJUDICE. Plaintiff may proceed on his claims under 42 U.S.C. § 1983 against Defendants McCowan, Wilkins, Meece, and Oslon in their individual capa cities for violation of his Fourth Amendment rights, on his claims against the City of Crown Point for false arrest, false imprisonment, assault, and battery, and may also seek leave to amend his complaint as to claims that have been dismissed without prejudice. Signed by Judge Jon E DeGuilio on 11/5/13. (kjp)
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