Miller v. Whitley County, Kentucky et al
| Allen Scott Miller |
| Whitley County, Kentucky, Whitley County Sheriff's Department, Lawrence Hodge, Adam Jarboe, Commonwealth of Kentucky, Raymond Foley, Scott Bunch, Bruce Ginn and Jim Thornton |
| 6:2011cv00245 |
| August 25, 2011 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Whitley |
| Gregory F. VanTatenhove |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
27
MEMORANDUM OPINION & ORDER: 1. Mts of the Comm of Ky, Raymond Foley, Whitley County, the Whitley County Sheriff's Dept, Lawrence Hodge, Adam Jarboe, Jim Thornton and Raymond Foley, 6 , 7 , 8 are GRANTED to the extend that: a. All § ; 1983 claims against the Commonwealth and Foley, in his official capacity, are dismissed with prejudice; b. All § 1983 claims against Whitley County and the Whitley County Sheriffs Department, other than claims based on policy or custom, are dismissed with prejudice; c. All § 1983 claims against Hodge, Jarboe, and Thornton, in their official capacities are dismissed with prejudice; d. All state law claims against the Commonwealth and Foley, in his official capacity, are dismisse d with prejudice; e. All state law claims against Whitley County, the Whitley County Sheriffs Department, and Hodge, Jarboe, and Thornton, in their official capacities, are dismissed with prejudice; f. Miller's claim of outrage against Foley, in his individual capacity, is dismissed with prejudice; and 2. Hodge and Thorntons motion to dismiss [R. 8 ] is DENIED in part insofar as the § 1983 claims against them in their individual capacities are concerned. Motions terminated: 7 MOTION to Dismiss by Commonwealth of Kentucky filed by Commonwealth of Kentucky, 6 MOTION for Partial Summary Judgment by Raymond Foley, Raymond Foley filed by Raymond Foley, 8 MOTION to Dismiss by Lawrence Hodge, Lawrence Hodge, Adam Jarboe, Adam Jarboe, Jim Thornton, Jim Thornton, Whitley County Sheriff's Department, Whitley County, Kentucky filed by Whitley County, Kentucky, Jim Thornton, Whitley County Sheriff's Department, Adam Jarboe, Lawrence Hodge. Lawrence Hodge (Former Whitley County Sheriff, in his official capacity), Adam Jarboe (Former Whitley County Deputy, in his official capacity), Jim Thornton (Whitley County Constable, in his official capacity), Commonwealth of Kentucky and Raymond Foley (Kentucky State Police Officer, in his official capacity) terminated. Signed by Gregory F. Van Tatenhove on 8/17/2012.(RBB)cc: COR
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