Jenkins et al v. McDaniel et al
Gary Jenkins, Brian Jenkins and Brandon Jenkins |
Kenny McDaniel, Bill Miracle and City of Stanford, KY |
5:2008cv00420 |
October 9, 2008 |
US District Court for the Eastern District of Kentucky |
Civil Rights: Jobs Office |
Lincoln |
Karl S. Forester |
Defendant |
Federal Question |
28:1331 Fed. Question: Employment Discrimination |
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Filing 7 OPINION & ORDER: (1) Defendants' 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 their 1 4th Amendment procedural and substantive due process rights; (b) the Plaintiffs' federal claim for retaliation in violation of the 1st Amendment. (2) Defendants' Motion for Summary Judgment is DENIED to the extent that the Court declines to exercise jurisdiction over the Plaintiffs' state law claims, and they will be DISMISSED WITHOUT PREJUDICE to refiling in state court. (3) Plaintiffs' 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 (Motions filed in 5:07-CV-379 - cases are consolidated) |
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