Gambrel v. Knox County et al
| Pearlie Sue Gambrel |
| Knox County, Mikey Ashurst and Brandon Bolton |
| 6:2017cv00184 |
| June 28, 2017 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Knox |
| David L. Bunning |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
119
OPINION & ORDER: The Court ORDERS as follows: 1. The Court GRANTS DE 84 on terms;2. The Court DISMISSES Plaintiff's federal claims WITH PREJUDICE;3. The Court DISMISSES Plaintiff's state-law claims WITHOUT PREJUDICE;4. Given the Court& #039;s declination of supplemental jurisdiction (and dismissal of all claims) the Court DENIES DE 94 , DE 96 , and DE 97 WITHOUT PREJUDICE; and 5. The Court will enter a separate judgment. Signed by Judge Robert E. Wier on 08/05/2020.(KJA)cc: COR
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Filing
18
MEMORANDUM OPINION & ORDER: (1) Defendants' Motion to Dismiss and Answer to First Amended Complaint (Doc. # 11 ) is construed as an Answer and the Clerk of the Court shall docket it as such; (2) The Defendants' duplicative Motion to Dism iss and Answer to First Amended Complaint (Doc. # 12 ) is construed as a Motion for Judgment on the Pleadings and the Clerk of the Court shall docket it as such; (3) The portions of the Answer (Doc. # 11), which present identical and redundant argum ents as the construed Motion for Judgment on the Pleadings are stricken from the construed Answer pursuant to Federal Rule of Civil Procedure 12(f). (4) Defendants construed Motion for Judgment on the Pleadings (Doc. # 12 ) is GRANTED as to Count T wo (§ 1983 substantive due process), Count Six (respondeat superior), Count Seven (negligent infliction of emotional distress), and Count Eight (indemnification), and DENIED as to Count One (§ 1983 excessive force), Count Three (assault an d battery), Count Four (wrongful death) and Count Five (§ 1983 municipal liability); and (5) Pursuant to Federal Rules of Civil Procedure 16 and 26, an Order for Meeting and Report will be entered and filed contemporaneously herewith. Signed by Judge David L. Bunning on 3/23/18.(SYD)cc: COR
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