Wiseman v. Michigan City City of et al
| Nancy Wiseman |
| Perry Peterson, Mark Tomsheck, Michigan City City of and Department of Cemeteries |
| 3:2012cv00357 |
| June 27, 2012 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| LaPorte |
| Jon E DeGuilio |
| Christopher A Nuechterlein |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
42
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART Defendants' 33 Motion to Dismiss -- Defendants' request to dismiss the Department of Cemeteries from all counts is GRANTED and Counts III, IV, V, VII, and VIII are DISMISSED WITH PREJ UDICE as to the Department of Cemeteries. Defendants' request to dismiss Counts III and IV as to Superintendent Tomsheck and Mr. Peterson in their official capacities is also GRANTED, and Counts III and IV are DISMISSED WITH PREJUDICE as to thos e defendants. However, Defendants' request to dismiss Counts III and IV as to the City of Michigan City and Superintendent Tomsheck in his individual capacity is DENIED. Those counts may also proceed against Mr. Peterson in his individual capacity, as he is dismissed from this action in his official capacity only. Signed by Judge Jon E DeGuilio on 8/19/2013. (lyb)
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