BEAN et al v. INDIANA UNIVERSITY et al
| RICHARD BEAN and LYNETTE HILDER |
| INDIANA UNIVERSITY, GARTH VAN LEEUWEN, OFFICER ZAHASKY and THE CITY OF BLOOMINGTON |
| 1:2011cv00376 |
| March 17, 2011 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Mark J. Dinsmore |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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Filing
52
ORDER granting 25 University Defendants' Motion to Dismiss. Plaintiffs' claims against Officer Van Leeuwen under 42 USC 1983 are dismissed WITH PREJUDICE. Plaintiffs' state tort claims against the University Defendants based on the principle of respondeat superior for Officer Van Leeuwen's alleged violations of Indiana law are didmissed WITHOUT PREJUDICE. Mr. Bean's Fourth Amendement excessive force and false arrest claims remain since they were not addressed in the Motion to Dismiss. Plaintiff's counsel shall inform the Court within 30 days as to how Plaintiffs wish to proceed with this litigation. See entry for further details and additional deadlines. Signed by Judge Sarah Evans Barker on 3/30/2012. (PGS)
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