NEELY et al v. INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT et al
| CINDY NEELY and DENNIS NEELY |
| INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT and GREG WILKERSON |
| 1:2007cv01094 |
| August 28, 2007 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Marion |
| Jane Magnus-Stinson |
| Larry J. McKinney |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
67
**UNSEALED 12/28/2009*** SEALED Order - The Court GRANTS the defendant's, The Indianapolis Metropolitan Police Department, Motion for Summary Judgment. Plaintiffs', Cindy Neely and Dennis Neely, Complaint against The Indianapolis Metropoli tan Police Department is DISMISSED WITH PREJUDICE. In addition, defendant's, Deputy Greg Wilkerson, Motion for Summary Judgment is GRANTED with respect to plaintiffs' malicious prosecution claim and Dennis Neely's claim that Wilkerson violated his Fourth Amendment rights by arresting him without probable cause. The Court DENIES the Neely's Motion to Strike Wilkerson's designated evidence on the grounds that it contains hearsay. The Court DENIES Wilkerson's Motion fo r Summary Judgment with respect to Cindy's Fourth Amendment claim for unlawful arrest, but the Court GRANTS Wilkerson's Motion with respect to the Neely's Fourth Amendment claim that Wilkerson subjected them to an unlawful search and seizure of their property. Wilkerson is ORDERED to SHOW CAUSE on or before Friday, December 11, 2009, why this Order should not be made public. Signed by Judge Larry J. McKinney on 12/4/2009. (See Order)(TRG) Modified on 12/28/2009 (TRG).
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