Anderson v. Knox County et al
| William Anderson |
| Knox County, John Pickard, Derek Eubanks, Jason York, Brian Johnson, Mark Mefford, Jackie Joseph and Tyson Lawson |
| 6:2017cv00133 |
| May 22, 2017 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Knox |
| Karen K. Caldwell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
205
OPINION & ORDER : 1) the motion for summary judgment (DE 162 ) by Knox County, John Pickard, and Derek Eubanks is GRANTED; 2) the motion for summary judgment (DE 176 ) by Brian Johnson, Mark Mefford, Jackie Joseph, Tyson Lawson, and Jason York is GRANTED; 3) the motions to exclude (DE 163 , 164 ) are DENIED as moot; and 4) the Court will enter a judgment consistent with this opinion. Signed by Judge Karen K. Caldwell on 3/31/22.(SYD)cc: COR
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Filing
57
OPINION & ORDER : (1) The Knox County Defendants Motion to Dismiss, (DE 25), is GRANTED as toCount II (Fourteenth Amendment fabrication of evidence claim), Count III(Fourteenth Amendment substantive due process), Count X (Kentucky lawintentional in fliction of emotional distress), and Count XI (Kentucky lawrespondeat superior); and is otherwise DENIED.(2) The KSP Defendants Motion to Dismiss, (DE 30), is GRANTED as to Count II(Fourteenth Amendment fabrication of evidence claim), Count III (Four teenthAmendment substantive due process), and Count X (Kentucky law intentionalinfliction of emotional distress); and is otherwise DENIED.(3) Defendant Lawsons Motion to Dismiss, (DE 29), is GRANTED as to Count II(Fourteenth Amendment fabrication of evidence claim), Count III (FourteenthAmendment substantive due process), and Count X (Kentucky law intentionalinfliction of emotional distress); and is otherwise DENIED.As a result, the following claims survive against all defendants: Count I (mali ciousprosecution), Count II (Fourth Amendment fabrication of evidence claim), Count V (failureto intervene), and Count VI (conspiracy). In addition, the following claims survive against the supervisory defendants: Count IV (supervisor liability), Cou nt VIII (Kentucky lawmalicious prosecution), and Count IX (Kentucky law negligent supervision).Further, Count VIII (Kentucky law malicious prosecution) survives for the nonsupervisorydefendants, and Andersons Count VII Monell claims against Knox County forfailure to train and failure to supervise proceed. Signed by Judge Karen K. Caldwell on 10/3/18.(SYD)cc: COR
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Filing
55
OPINION AND ORDER: 1) The Knox County Defendants Motion to Dismiss, (DE 25), is GRANTED as to Count II (Fourteenth Amendment fabrication of evidence claim), Count III Fourteenth Amendment substantive due process), Count X (Kentucky law intentional infliction of emotional distress), and Count XI (Kentucky law respondeat superior); and is otherwise DENIED ; 2)KSP Defendants Motion to Dismiss, (DE 30), is GRANTED as to Count II (Fourteenth Amendment fabrication of evidence claim), Count III (Four teenth Amendment substantive due process), and Count X (Kentucky law intentional infliction of emotional distress); and is otherwise DENIED ; 3) Defendant Lawsons Motion to Dismiss, (DE 29), is GRANTED as to Count II (Fourteenth Amendment fabrication of evidence claim), Count III (Fourteenth Amendment substantive due process), and Count X (Kentucky law intentional infliction of emotional distress); and is otherwise DENIED. Following claims survive against all defendants: Count I (malicious prose cution), Count II (Fourth Amendment fabrication of evidence claim), Count V (failure to intervene), and Count VI (conspiracy). In addition, the following claims survive against the supervisory defendants: Count IV (supervisor liability), Count VIII ( Kentucky law malicious prosecution), and Count IX (Kentucky law negligent supervision). Further, Count VIII (Kentucky law malicious prosecution) survives for the nonsupervisory defendants, and Andersons Count VII Monell claims against Knox County for failure to train and failure to supervise proceed. Signed by Judge Karen K. Caldwell on 9/27/2018.(RC)cc: COR
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