Baker v. McDaniel et al
| Brian Baker |
| Bill Miracle, City of Stanford, KY and Kenny McDaniel |
| 5:2007cv00379 |
| November 6, 2007 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Lincoln |
| Karl S. Forester |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
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Filing
35
OPINION & ORDER: (1) Defendants' 26 Motion for Summary Judgment is GRANTED IN PART to the extent that the Court will enter summary judgment in favor of the Defendants on the following claims: (a) the Plaintiffs' federal claims based on th eir 14th Amendment procedural and substantive due process rights; (b) the Plaintiffs' federal claim for retaliation in violation of the 1st Amendment. (2) Defendants' 26 Motion for Summary Judgment is DENIED to the extent that the Court d eclines to exercise jurisdiction over the Plaintiffs' state law claims, and they will be DISMISSED WITHOUT PREJUDICE to refiling in state court. (3) Plaintiffs' 27 and 28 Motions for Summary Judgment are DENIED. (4) PTC set for 9/24/2009 and Jury Trial set for 10/20/2009 are hereby SET ASIDE. (5) Judgment will be entered contemporaneously with this Opinion & Order. Signed by Judge Karl S. Forester on August 24, 2009. (AWD) cc: COR,D,JC
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