Seyfarth v. Hahn et al
| Joshua W. Seyfarth |
| Officer Hahn, Unknown Officer, Jared Muhurin, Unknown Bullock and County of St. Francois |
| 4:2018cv00805 |
| May 29, 2018 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Washington |
| John A. Ross |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
26
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Hahn's Motion for Summary Judgment 21 is GRANTED, in part, and DENIED, in part. The Court dismisses Plaintiff Seyfarth's claims for unlawful arrest under 42 U.S.C. § 1983, false arrest, malicious prosecution, civil conspiracy, and intentional infliction of emotional distress. The Court will enter a separate order setting a trial date with instructions for pretrial compliance and appointing Seyfarth counsel. Signed by District Judge Stephen R. Clark on 7/2/2020. (SMM)
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Filing
11
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issueupon defendant Hahn in his individual capacity as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiffs state law claims of false arrest, malicious prosecution, assault and battery, civil conspiracy, and intentional infliction of emotional distress. IT IS FURTHER ORDERED that the United States Marshalls Service shall personally deliver the summons to Officer Hahn at the St. Francois County Sheriffs Office.. Signed by District Judge John A. Ross on 2/11/19. (KKS)
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Filing
5
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 3 ) is GRANTED. Pursuant to 28 U.S.C. § 1915(b)(4), the initial partial filing fee is waived. IT IS FU RTHER ORDERED that the institution having custody of plaintiff shall, whenever the amount in plaintiff's prison account exceeds $10.00, send monthly payments that equal 20 percent of the funds credited to the account the precedin g month to the United States District Court for the Eastern District of Missouri Clerk's office, pursuant to 28 U.S.C. § 1915(b)(2), until the filing fee of $350 is paid in full. IT IS FURTHER ORDERED that plain tiff's motion for appointment of counsel (Docket No. 2 ) is DENIED at this time. IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon defendants Officer Hahn and Unknown Officer in their individual capacities as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiff's state law claims of false arrest, malicious prosecution, assault and batt ery, civil conspiracy, and intentional infliction of emotional distress. IT IS FURTHER ORDERED that plaintiff's claims against defendants St. Francois County, Sheriff Bullock, and Jared Muhurin are DISMISSED without prejudice. IT IS F URTHER ORDERED that plaintiff's claims against defendants Officer Hahn and Unknown Officer in their official capacities are DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiff's deliberate indifference to medica l needs claims against defendants Officer Hahn and Unknown Officer in their individual capacities are DISMISSED without prejudice. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No . 3) is GRANTED. Pursuant to 28 U.S.C. § 1915(b)(4), the initial partial filing fee is waived.IT IS FURTHER ORDERED that the institution having custody of plaintiff shall, whenever the amount in plaintiff's prison account exce eds $10.00, send monthly payments that equal 20 percent of the funds credited to the account the preceding month to the United States District Court for the Eastern District of Missouri Clerk's office, pursuant to 28 U.S.C. & #167; 1915(b)(2), until the filing fee of $350 is paid in full.IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel (Docket No. 2) is DENIED at this time.IT IS FURTHER ORDERED that the Clerk of Court shall issue process or cause process to issue upon defendants Officer Hahn and Unknown Officer in their individual capacities as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiff's state law claims of false arrest, malicious prosecution, assault and battery, civil conspiracy, and intentional infliction of emotional distress.IT IS FURTHER ORDERED that plaintiff's claims against defendants St. Francois County, Sheriff Bullock, and Jared Muhurin are DISMISSED without prejudice.IT IS FURTHER ORDERED that plaintiff's claims against defendants Officer Hahn and Unknown Officer in their official capacities are DISMISSED without prejudice.IT IS FURTHER ORDERED that plaintiff's deliberate indifference to medical needs claims against defendants Officer Hahn and Unknown Officer in their individual capacities are DISMISSED without prejudice. IT IS HEREBY CERTIFIED that an appeal from this partial dismissal would not be taken in good faith. A separate order of partial dismissal will be entered herewith. See 28 U.S.C. § 1915(e)(2)(B). Signed by District Judge John A. Ross on 10/24/18. (KKS)
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