PASTORE v. ZELLERS et al
||LOUIS R. PASTORE
||NATHANIEL B. BIDDLE, ADAM DEVENPORT, DUSTIN DICKSON, GAVIN, TROY SMITH and ANDREW ZELLERS
||June 5, 2015
||US District Court for the Southern District of Indiana
||Denise K. LaRue
||Tanya Walton Pratt
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
|Jury Demanded By:
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|December 30, 2016
ENTRY ON MOTION FOR SUMMARY JUDGMENT - For the foregoing reasons, the Court GRANTS in part and DENIES in part the Motion for Summary Judgment filed by Defendants Dustin Dixon and Nathan A. Biddle. (Filing No. 38 ) summary judgment is granted with respect to Officer Biddle and he is dismissed from this action. Resolving factual disputes in Pastore's favor, a reasonable jury could find that Sergeant Dixon's use of force was objectively unreasonable. In addition, clearly establishe d law would have notified Deputy Biddle that the Fourth Amendment would prohibit his use of force under the circumstances present here. Pastore's claim against Sergeant Dixon for use of excessive force will proceed to trial. (See Entry.) Signed by Judge Tanya Walton Pratt on 12/30/2016. (JLS)
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