LOVELESS v. MCCORKLE et al
| MURRELL D. LOVELESS |
| REX A. HARROLD and RICHARD A. MCCORKLE |
| 1:2017cv02206 |
| June 27, 2017 |
| 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 |
| Plaintiff |
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Filing
109
ORDER - The Court makes the following rulings: 1. Mr. Lovelesss Motion to Tax Plaintiffs Costs, 100 , is GRANTED to the extent that Defendants are ordered to pay Mr. Loveless $454.70 in costs. 2. Defendants Motion to Tax Costs, 98 , is GRANTE D to the extent that Mr. Loveless is ordered to pay Defendants $952.34 in costs. 3. Mr. Lovelesss Motion for Attorneys Fees, 99 , is GRANTED to the extent that Defendants are ordered to pay Mr. Loveless $15,381.34 in attorneys fees. (See Order). Copy to Murrell D. Loveless via U.S. mail. Signed by Judge Jane Magnus-Stinson on 1/27/2020. (JDH)
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Filing
46
ORDER - This case arises from a failed attempt to serve civil process at the home of Plaintiff Murrell Loveless. Mr. Loveless alleges that Sheriff Richard McCorkle and Sheriff's Deputy Rex Harrold violated federal and state constitutional law , as well as state statutory and common law when Deputy Harrold entered Mr. Loveless' home without a warrant to serve civil process, and then assaulted Mr. Loveless while inside. Defendants have moved for summary judgment on some of Mr. Lovel ess' claims. For the reasons described in this Order, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion. The Court GRANTS Defendants' Motion as to: All claims for violation of Article I, Section 11 of the Indiana Consti tution; IIED claims against Sheriff McCorkle and Deputy Harrold; Individual capacity claims against Sheriff McCorkle for unreasonable search and seizure and excessive force, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments of t he United States Constitution; Official capacity claims against Sheriff McCorkle and Deputy Harrold for unreasonable search and seizure and excessive force, under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments of the United States Constitution; and Common law battery, assault, and false imprisonment claims against Deputy Harrold. The Court DENIES Defendants' Motion as to: Individual capacity claim against Deputy Harrold for unreasonable search and seizure under 42 U.S .C. § 1983 and the Fourth and Fourteenth Amendments of the United States Constitution; and Common law trespass claim under Indiana law against Deputy Harrold. The Court requests that the Magistrate Judge confer with the parties at his earliest convenience regarding possible resolution of the remaining claims. See Order for remaining items of resolution and complete details. Signed by Judge Jane Magnus-Stinson on 9/20/2018. (APD)
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