Kustes v. Lexington-Fayette County Urban Government et al
| Matthew Kustes |
| Lexington-Fayette County Urban Government, Jim Gray, Lexington Police Department, Ronnie Bastin, Josh Mitchell and Unknown Officers |
| 5:2012cv00323 |
| October 22, 2012 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Karen K. Caldwell |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
56
OPINION AND ORDER: 1. Claims against the "Unnamed Officers" in their official and unofficial capacities are DISMISSED with prejudice; 2. Motion for S/J 32 filed by deft Josh Mitchell is GRANTED as follows: a. claims against Officer Mitche ll in their official and unofficial capacities are DISMISSED with prejudice; b. the claims against Officer Mitchell, in his official capacity, forassault, battery, malicious prosecution, false imprisonment, intentional infliction of emotional distres s, negligent infliction of emotional distress, negligence, and gross negligence are DISMISSED with prejudice; c. the claims against Officer Mitchell, in his individual capacity, for assault, battery, malicious prosecution, false imprisonment, intenti onal infliction of emotional distress, negligent infliction of emotional distress, negligence, and gross negligence are DISMISSED without prejudice; 3. the motion in limine DE 49 is DENIED as moot; 4. judgment will be entered consistent with this opinion. Signed by Judge Karen K. Caldwell on 10/10/2014.(lc)cc: COR
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Filing
24
OPINION AND ORDER: 1) Dft's 4 MOTION to Dismiss for failure to state a claim, 17 SUPPLEMENTAL MOTION to Dismiss for failure to state a claim and 18 MOTION to Dismiss for failure to state a claim are GRANTED in part and DENIED in part as follows: a) LFUCG Division of Police, identified as the Lexington Police Dept is DISMISSED as a party to this action and all claims against it are DISMISSED; b) Mayor Jim Gray and Police Chief Ronnie Bastin are DISMISSED as parties to this action and all claims against them are DISMISSED; c) LFUCG is DISMISSED as a party to this action and all claims against it are DISMISSED; d) Pla's claims that Dfts violated his rights under the Fifth and Fourteenth Amendmends are DISMISSED; e) Motion to dismiss Pla's state law claim for abuse of process is DENIED as moot; f) Motion to dismiss Pla's claims for intentional and negligent infliction of emotional distress and for negligent and gross negligence is DENIED. Signed by Judge Karen K. Caldwell on 09/03/2013. (KLB) cc: COR
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