Dortch v. City of Omaha Police Department et al

Plaintiff: Joshua Dortch
Defendant: Bivens, City of Omaha Police Department, Douglas County Sheriff and Unknown John Doe Police Officers
Case Number: 8:2017cv00377
Filed: October 10, 2017
Court: Nebraska District Court
Office: 8 Omaha Office
Referring Judge: Pro Se Docket
Presiding Judge: Richard G. Kopf
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
December 12, 2017 8 Opinion or Order of the Court MEMORANDUM AND ORDER that the clerk of the court shall terminate the following Defendants as parties in this case because Plaintiff has not named them as Defendants in his Amended Complaint (Filing No. 7 ): City of Omaha Police Department, Dougla s County Sheriff, Bivens, and Unknown John Doe Police Officers. The clerk of the court shall add to the case caption the Defendants named in Plaintiff's Amended Complaint (Filing No. 7 ): City of Omaha; Officer Shada, J #1358; Officer Turner , J #1961; and Officer Worley,L #1478, all in their individual and official capacities. Defendants City of Omaha and Officers Shada, Turner, and Worley in their official capacities are dismissed from this action for failure to state a claim upon w hich relief can be granted. Plaintiff's equal-protection claim against Defendant Officers Shada, Turner, and Worley in their individual capacities is dismissed for failure to state a claim upon which relief can be granted. The following 42 U.S .C. § 1983 claims may proceed to service of process as against Defendant Officers Shada, Turner, and Worley in their individual capacities: (a) Plaintiff's Fourth Amendment search-and-seizure claim and (b) Plaintiff's Fourteenth Ame ndment pre-deprivation procedural-due-process claim. The clerk of the court is directed to obtain the last-known address for Defendant City of Omaha Police Officers J. Shada #1358, J. Turner #1961, and L. Worley #1478 from the United States Marshal s Service for service of process on these Defendants in their individual capacities. Once such addresses are obtained, the clerk of the court is directed to complete a summons form and a USM-285 form for such Defendants using the addresses provided by the Marshals Service and forward them together with a copy of the Complaint (Filing 1 ), the Amended Complaint (Filing 7 ), this court's previous Memorandum and Order on initial review (Filing 6 ), and a copy of this Memorandum and Orde r to the Marshals Service for service of process on DefendantCity of Omaha Police Officers J. Shada #1358, J. Turner #1961, and L. Worley #1478in their individual capacities. The Marshals Service shall serve Defendant City of Omaha Police Officers J . Shada #1358, J. Turner #1961, and L. Worley #1478 in their individual capacities using any of the following methods: personal, residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e) (Westlaw 2017); Neb . Rev. Stat. §§ 25-508.01 (Westlaw 2017). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to file under seal any document containing the last-kno wn personal addresses for the Defendants. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 120 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. The clerk of the court is directed to set the following pro se case management deadline: April 12, 2018: service of process to be completed. Because this non-prisoner case is proceeding to service of process, and at the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
October 30, 2017 6 Opinion or Order of the Court MEMORANDUM AND ORDER - Plaintiff shall file an amended complaint by December 1, 2017, that states a claim upon which relief may be granted. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. ***( Pro Se Case Management Deadline set for 12/1/2017: check for amended complaint.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
October 12, 2017 5 Opinion or Order of the Court ORDER that leave to proceed in forma pauperis is granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

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Defendant: Bivens
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Defendant: City of Omaha Police Department
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Defendant: Douglas County Sheriff
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Defendant: Unknown John Doe Police Officers
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Plaintiff: Joshua Dortch
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