Gaddy v. Yelton et al
| Robert D. Gaddy, Jr. |
| W. M. Yelton, Doug Sheehan, Ervin Hunter, Jimmy Stover, Nicholas Ryan Mitchell and City of Asheville |
| 1:2010cv00214 |
| September 29, 2010 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Alexander |
| Dennis Howell |
| Martin Reidinger |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
51
ORDER denying 43 Motion for Summary Judgment. Signed by District Judge Martin Reidinger on 8/27/12. (ejb)
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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)
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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)
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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)
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