Dobbie et al v. City of Bremen Police Department et al
| Michael A Dobbie and Janice Dobbie |
| City of Bremen Police Department, Marshall County Deputy Prosecutors, Bradley Kile, Ronald Rybicki, Lynn Berndt and Matthew E Sarber |
| 3:2017cv00430 |
| June 2, 2017 |
| US District Court for the Northern District of Indiana |
| South Bend Office |
| XX US, Outside State |
| Jon E DeGuilio |
| Michael G Gotsch |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
49
OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS: The Court GRANTS the motions to dismiss [DE 21; DE 25] as to the federal claims, and relinquishes supplemental jurisdiction over the state claim, which is dismissed without prejudice. The Court ADOPTS the report and recommendation [DE 43] in part, to the extent it is consistent with these holdings. Plaintiffs' motion for an entry of default judgment [DE 29] is DENIED. Plaintiffs are permitted until October 29, 2018 to fil e an amended complaint setting forth sufficient allegations of fact establishing a Fifth Amendment violation by the officers and/or a Sixth Amendment violation by the prosecutors not barred by absolute immunity, in which case the state claim for IIED could also be re-pled. If no amended complaint is timely filed, then judgment will be entered and the case closed. Signed by Judge Jon E DeGuilio on 9/24/18. (Copy mailed to pro se party)(ksp)
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