Gaddy v. Yelton et al
Plaintiff: Robert D. Gaddy, Jr.
Defendant: W. M. Yelton, Doug Sheehan, Ervin Hunter, Jimmy Stover, Nicholas Ryan Mitchell and City of Asheville
Case Number: 1:2010cv00214
Filed: September 29, 2010
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Alexander
Presiding Judge: Dennis Howell
Presiding Judge: Martin Reidinger
Nature of Suit: Other Civil Rights
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 27, 2012 Opinion or Order Filing 51 ORDER denying 43 Motion for Summary Judgment. Signed by District Judge Martin Reidinger on 8/27/12. (ejb)
August 16, 2011 Opinion or Order Filing 31 MEMORANDUM OF DECISION AND ORDER, that the Plaintiffs Written Objections to the Memorandum and Recommendation [Doc. 29] are OVERRULED; accepting Magistrate Judge's 28 Memorandum and Recommendations.; granting 21 Moti on to Dismiss, and the following claims set forth in the Plaintiffs Amended Complaint are hereby DISMISSED: (1) The claims brought pursuant to 42 U.S.C. § 1983 against Defendants Yelton, Sheehan, Mitchell, Hunter, and Stover in their official ca pacities; (2) The claims brought pursuant to 42 U.S.C. § 1983 against the City of Asheville; (3) The North Carolina tort claims of negligence, gross negligence, trespass by a public officer, and malicious prosecution brought against the City and the Individual Defendants in their official capacities; and (4) The claim asserted in the Sixth Claim for Relief for deprivation of substantive due process in violation of the North Carolina Constitution. This case shall proceed on the Plaintiffs & #167; 1983 and state law tort claims against the Individual Defendants in their individual capacities. IT IS FURTHER ORDERED that the parties shall conduct an Initial Attorneys Conference within fourteen (14) days of this Order and file a Certificate of Initial Attorneys Conference with the Court within seven (7) days thereafter. Signed by District Judge Martin Reidinger on 8/16/11. (siw)
January 28, 2011 Opinion or Order Filing 24 ORDER granting 23 Motion to Stay Initial Attorneys Conference, and the IAC is STAYED until 14 days after final disposition of the Motion to Dismiss by the district court. Signed by Magistrate Judge Dennis Howell on January 28, 2011. (jhg)
January 4, 2011 Opinion or Order Filing 17 ORDER administratively denying as moot without prejudice Defts' 11 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 1/4/11. (ejb)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Carolina Western District Court's Electronic Court Filings (ECF) System

Search for this case: Gaddy v. Yelton et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Robert D. Gaddy, Jr.
Represented By: Henderson Hill
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: W. M. Yelton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Doug Sheehan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ervin Hunter
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jimmy Stover
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nicholas Ryan Mitchell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: City of Asheville
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?