HERSCHEL v. WATTS et al
CHARLES HERSCHEL |
DELAWARE COUNTY SHERIFF, DOES 1-5, ERIC SMALL and AARON WATTS |
1:2017cv02828 |
August 18, 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 |
Defendant |
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Document Text |
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Filing 75 ORDER - This case arises from Plaintiff Charles Herschel's arrest in Muncie, Indiana in 2015. Mr. Herschel alleges that Muncie Police Officers Aaron Watts and Eric Small ("Defendants") subjected him to false arrest and imprisonment and deprived him of his rights under the Fourth Amendment to the United States Constitution by applying excessive force to him. Defendants have moved for summary judgment on all of Mr. Herschel's claims and have also moved to strike an exhibi t. For the reasons described herein, the Court GRANTS Defendants' Motion to Strike, and GRANTS IN PART and DENIES IN PART Defendants' Motion for Summary Judgment. For the reasons described herein, the Court GRANTS Defendants' Motion to Strike the Cox Memorandum, [Filing No. 65 at 7-10]. In addition, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion for Summary Judgment 60 . The Court GRANTS Defendants' Motion as to: All claims for false arrest, and t he excessive force claim against Officer Small. The Court DENIES Defendants' Motion as to: the excessive force claim against Officer Watts. The Court requests that the Magistrate Judge confer with the parties at his earliest convenience regarding possible resolution of the remaining claims. (See Order). Signed by Judge Jane Magnus-Stinson on 10/17/2018. (APD) |
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