Briner et al. v. City of Ontario et al.
| Melanie Briner, Thomas Briner and F&W Towing, Inc. |
| City of Ontario, Timothy McClaran and Dallas Strickler |
| 1:2007cv00129 |
| January 17, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Richland |
| Sara Lioi |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
247
Memorandum Opinion and Order: Defendants' renewed motion for reconsideration of summary judgment as to plaintiffs' fourth amendment malicious prosecution claim is granted. Upon reconsideration, summary judgment is granted in favor of the defendants on this claim (Count Two). (Related Doc # 208 ). Judge Sara Lioi on 3/9/2011. (P,J)
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Filing
197
Memorandum Opinion and Order denying plaintiffs' motion to preserve final pretrial and trial dates 186 and denying as moot plaintiffs' motion for rapid decision of motion to preserve final pre-trial and trial dates 196 . Judge Sara Lioi on 11/15/2010. (P,J)
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Filing
185
Memorandum Opinion and Order: In the Briner I case (1:07cv129), the summary judgment motion of Defendants Hill and Strickler 147 is granted in part and denied in part. The state claims of invasion of privacy, tortuous interference with contr act, and interference with contract are dismissed as to Defendant Hill, only. Defendant Strickler is granted qualified immunity for the Equal Protection claim and (to the extent he has not previously been dismissed from) the First Amendment retaliati on claim. Defendant McClaran's summary judgment motion 148 is denied in its entirety. Questions as to the availability of qualified immunity for Defendants Hill and McClaran must be resolved at trial. In the Briner II case (1:09cv1121), the su mmary judgment motion of Defendants Thomas and City 17 is granted. All claims in the Briner II case are dismissed against the City, and Defendant Thomas is afforded absolute immunity as to all claims. (Related Doc # 152 , 153 ). Judge Sara Lioi on 10/7/2010. (P,J)
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Filing
134
Memorandum Opinion and Order: Before the Court are motions for reconsideration filed by Defendants Timothy McClaran (Doc. No. 117 ) and City of Ontario (Doc. No. 125 ). The motions for reconsideration are GRANTED and summary judgment is ent ered in favor of the Defendants on all of Plaintiffs' claims, including the first amendment retaliation claim. For the reasons set forth above, upon reconsideration of its Memorandum Opinion and Order of April 16, 2008 (Doc. No. 115 ), the Cour t grants summary judgment in favor of Defendants City of Ontario and Timothy McClaran on the sole remaining claim. The Court hereby GRANTS summary judgment in favor of these two Defendants on Plaintiffs' claim of first amendment retaliation. The Court will issue a separate Judgment Entry closing the case. Signed by Judge Sara Lioi on 5/2/08. (B,IE)
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Filing
115
Memorandum Opinion and Order denying 108 plaintiffs' motion for oral argument, granting 93 96 97 defendants' motions to strike 91 exhibits, sua sponte striking Doc #92 exhibits, dismissing with prejudice defendant Charles A u (Related Doc # 77 ), dismissing without prejudice defendants Richard Bevier and Riley E. Snavely (Related Doc # 78 ), dismissing Claim 6 and all claims under the Ohio Constitution for failure to plead with specificity, declining to exercise juris diction over all state law claims, denying 69 plaintiffs' motion for partial summary judgment against defendant McClaran, denying 73 plaintiffs' motion for summary judgment on their first amendment claims, granting in part and denying i n part 55 75 defendants' motions for summary judgment; no claims remain against defendant Tommy D. Hill, who is dismissed with prejudice; the only claim remaining for trial is a portion of Claim 1 asserting a first amendment retaliation clai m against Defendants City of Ontario and Timothy McClaran; further, if McClaran is found liable on the first amendment claim, municipal liability will attach; the Court will proceed with the final pretrial conference on 4/21/2008. Signed by Judge Sara Lioi on 4/16/2008. (D,S) Modified on 4/16/2008 (D,S).
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