Haack v. Carson City et al
| Wayne Phillip Haack |
| Jose Delfin, Carson City, City of and Scott Davis |
| 3:2011cv00353 |
| May 17, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Larry R. Hicks |
| Robert A. McQuaid |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
57
MEMORANDUM DECISION AND ORDER GRANTING 44 Motion for Summary Judgment as follows : (1) P's federal claims set forth in the Complaint as the First through Fourth claims for relief are DISMISSED WITHOUT PREJUDICE; and (2) Summary judgment shall be entered in favor of Carson City and Davis as to P's state law claims set forth in the Complaint as the Fifth through Tenth claims for relief. Signed by Magistrate Judge Robert A. McQuaid, Jr on 9/10/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/10/2012 to clarify title (DRM).
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Filing
55
ORDER. IT IS HEREBY ORDERED that defendant Delfin's Motion to Dismiss 38 is GRANTED IN PART AND DENIED IN PART as follows: (1) Plaintiff's Fourth Amendment claim (and accompanying request for attorney's fees un der 42 USC § 1988) is DISMISSED WITH PREJUDICE as to defendant Delfin; (2) Plaintiff's Fourth Amendment conspiracy claim ((and accompanying request for attorney's fees under 42 USC § 1988) is DISMISSED WITH LEAVE TO AMEN D as to defendant Delfin. If Plaintiff elects to amend his Complaint, he is instructed to address the deficiencies under FRCP 12(b)(6) as well as those related to the Noerr-Pennington doctrine's "sham" exception, as outlined above. Plaintiff shall have twenty-one days from the date of this order to file an amended complaint, if he so chooses; (3) SUMMARY JUDGMENT is granted in favor of defendant Delfin as to Plaintiff's state law claims for intentional infliction of emotional distress and negligence. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/22/2012. (Copies have been distributed pursuant to the NEF - HJ)
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