Caldwell v. Allison et al
| Chase Richard Caldwell |
| Christopher Allison, Michael Brickner, Johnathon Nappnau and Christopher Cardova |
| 2:2016cv00049 |
| February 5, 2016 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| Paul R Cherry |
| William C Lee |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
64
OPINION AND ORDER GRANTING IN PART and DENYING IN PART 43 MOTION to Dismiss for Failure to State a Claim by Defendants Christopher Allison, Michael Brickner, Jonathan Cordova, Jonathan Nuppnau. All claims against Defendant Michael Brickner are DISM ISSED. The following claims are DISMISSED: (1) Plaintiff Chase Richard Caldwell's § 1983 Fourth Amendment claims based on allegations of an illegal stop; (2) Plaintiff's § 1983 Fourth Amendment claims based on excessive force agai nst Defendants Jonathan Cordova and Jonathan Nuppnau only; and (3) any claims brought under 18 U.S.C. §§ 241, 242, 245, 42 U.S.C. § 14141, and Indiana Code § 35-42-2-1(1)(a). The case REMAINS PENDING on Plaintiff's Amended Pl eading (DE 50 ) as to the following claims: (1) § 1983 Fourth Amendment claims based on the alleged illegal search of his person and the alleged illegal search of his vehicle against Defendant Officers Allison, Cordova, and Nuppnau; (2)§ 1983 Fourth Amendment claim of alleged excessive force against Officer Allison only; and (3) any state law claim of battery. Signed by Magistrate Judge Paul R Cherry on 5/17/16. (cc: Chase Richard Caldwell).(cer)
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