MCPHAUL v. BALL STATE UNIVERSITY POLICE et al
| DJUANE MCPHAUL |
| BALL STATE UNIVERSITY POLICE, DAVID BARNES, JORDAN BRAND, BRAD CLARK and MATT GAITHER |
| 1:2014cv00623 |
| April 22, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
96
ENTRY Granting in Part and Denying in Part Motion for Summary Judgment. The defendants' motion for summary judgment [dkt 63] is granted in part and denied in part. The motion is granted to the extent that McPhaul's false arrest, First Am endment, and due process claims are dismissed. McPhaul's excessive force claim against Clark is dismissed. The motion is denied to the extent that McPhaul's claim of excessive force against defendant Brand remains. No partial final judgm ent shall issue as to the claims resolved in this Entry. Further proceedings on McPhaul's excessive force claim shall be set by separate order. (See entry.) Signed by Judge Jane Magnus-Stinson on 3/18/2016. Copy sent to Plaintiff via U.S. Mail. (BGT)
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Filing
91
Entry Discussing Motion to Dismiss: In summary, the defendants' motion to dismiss [dkt 69] is granted in part and denied in part. The motion is granted consistent with the following: all claims brought pursuant to 42 U.S.C. § 1983 against BSUP are dismissed; all § 1983 claims brought against the individual defendants in their official capacities are dismissed; any claim for excessive force against Officers Barnes and Gaither is dismissed; the First Amendment claim r elated to the alleged seizure of McPhaul's cell phone and deletion of the video is dismissed against defendants Barnes, Brand, and Gaither. Finally, any due process claim is dismissed against Officers Brand, Barnes, and Clark. The motion is denied as to McPhaul's claims brought pursuant to the ITCA. The defendants shall have leave to file a motion for summary judgment on McPhaul's tort claims and shall have through February 29, 2016, in which to do so ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 2/1/2016. Copy sent to Plaintiff Djuane McPhaul via US Mail. (DW)
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