Roberts et al v. Girder et al
| William Earnest Roberts |
| Eddie Girder, Carrie D. Wiese, Dennis Crist, Wes Finley, Stephen Jasper and John Hutchinson |
| 6:2015cv00160 |
| September 11, 2015 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Pulaski |
| Karen K. Caldwell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
169
OPINION & ORDER: 1) All claims against Dfts Pulaski County Office Detective John Hutchinson and Wes Finley, in his individual capacity are DISMISSED pursuant to Dfts' Notice of Settlement 158 ; 160 . Plas may refile their claims against Dft s Hutchinson and Finley within 30 days if the settlement is withdrawn; 2) Dfts Somerset City Mayor Eddie R. Girdler, Somerset City Attorney Carrie D. Wiese, Somerset City Zoning Officer Dennis Crist, Somerset City Fire Department Chief Stephan Jasper , in their individual and official capacities, and Somerset City Building Inspector Wes Finley, in his official capacity Motion for S/J is GRANTED w/respect to Plas' remaining federal-law claims; 3) Plas' state-law claims against dfts Some rset City Mayor Eddie R. Girdler, Somerset City Attorney Carrie D. Wiese, Somerset City Zoning Officer Dennis Crist, Somerset City Fire Department Chief Stephan Jasper, in their individual and official capacities, and Somerset City Building Inspector Wes Finley, in his official capacity are DISMISSED; 4) All remaining motions are DENIED as moot; 5) the PTC and JT are SET ASIDE; 6) A jgm will be entered. Signed by Judge Karen K. Caldwell on 7/23/18. (MRS)cc: COR, JC, Diary
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Filing
41
MEMORANDUM OPINION & ORDER: City Defendants motion to dismiss Count I of the Complaint (DE 17 ) is GRANTED and Count I is DISMISSED from this action. Plaintiffs motion to substitute (DE 22 ) is DENIED. Additionally, IT IS FURTHER ORDERED that 1 . Counts V-VIII are DISMISSED to the extent they are predicated on a procedural due process violation; 2. Count IV is DISMISSED; 3. Count XII is DISMISSED; 4. Count XIII is DISMISSED; 5. Count XIV is DISMISSED; and 6. The remaining claimsCounts II-II I, Counts V-VIII to the extent the claims are predicated on Fourth Amendment violations, Count IX, Count X, and Count XIbrought by Polly Roberts Willman, Administratrix of the Estate of William Roberts, as they pertain to personal injury suffered by William Roberts are not properly before the Court at this time and may be pursued on his behalf by his estate.. Signed by Judge Karen K. Caldwell on 2/17/2017.(JMB)cc: COR
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