Gearin et al v. Maplewood, City of et al
| Gearin, LLC, Patricia M Gearin and Wipers Recycling, LLC |
| David Fisher and Maplewood, City of |
| 0:2008cv05019 |
| August 25, 2008 |
| US District Court for the District of Minnesota |
| DMN Office |
| Ramsey |
| Schiltz |
| Graham |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
320
ORDER. IT IS HEREBY ORDERED THAT: 1. Defendants' motion for summary judgment [Docket No. 161 ] is GRANTED IN PART and DENIED IN PART. 2. Defendants' motion is GRANTED with respect to the following claims, and they are DISMISSED WITH PR EJUDICE AND ON THE MERITS: a. Plaintiffs' claim that defendants violated her First and Fourteenth Amendment right of access to the courts by failing to provide her with a formal notice or order from which she could appeal, by failing to notify her of her right to appeal, and by failing to provide her with a hearing within ten days after posting the stop-work orders; b. Plaintiffs' procedural-due-process claim; c. Plaintiffs' substantive-due-process claim; and d. Plaintiffs' Fourth Amendment claim. 3. Defendants' motion is DENIED in all other respects. (Written Opinion). Signed by Judge Patrick J. Schiltz on 1/28/11. (sf)
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