Westerfield v. United States of America et al
| Jason Westerfield |
| Jamal Ansari, Chuck Metcalf, Matt Mayer, Unknown DEA Agents, Larry Faith, United States of America, Lee Lucas, Robert Cross, Richland County and Unknown Mansfield Police Officers |
| 1:2007cv03518 |
| November 9, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Richland |
| Patricia A. Gaughan |
| 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
212
Memorandum Opinion and Order: This matter is before the Court upon Defendant Lee Lucas's Motion to Dismiss Based Upon the FTCAs Judgment Bar (Doc. 208 ). In the alternative, defendant Lucas moves for partial reconsideration of the Cour t's October 2, 2013 Memorandum of Opinion and Order. In response, plaintiff concedes that the FTCAs judgment bar requires dismissal of the Brady claim asserted against defendant Lucas. Plaintiff argues that, as such, reconsideration is moot. Upon review, the Court finds that dismissal is warranted in that the parties agree that the sole remaining claim in the case is subject to the FTCA's judgment bar. The Court further agrees that because this provides a basis for dismissal of the claim, the Court need not reach defendant's alternative arguments regarding reconsideration of the Court's October 2, 2013 Memorandum of Opinion and Order. The motion to dismiss is GRANTED. Judge Patricia A. Gaughan on 11/7/13. (LC,S)
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Filing
207
Memorandum Opinion and Order: This matter is before the Court upon Defendant Lee Lucas' Motion for Summary Judgment Dismissing Plaintiff Westerfield's Complaint (Doc. 184 ); the United States' Motion to Dismiss and for a Summa ry Judgment (Doc. 186 ); Defendant Charles Metcalf's Motion for Judgment on the Pleadings or Alternatively for Summary Judgment (Doc. 187 ); the Renewed Motion of Defendants Larry Faith and Matthew Mayer for Summary Judgment on Plaintiff' s State-Law Claims (Doc. 188 ); and the Motion of Defendant Richland County for Summary Judgment (Doc. 189 ). The motions filed by the United States (Doc. 186 ), Charles Metcalf (Doc. 187 ), Larry Faith and Matthew Mayer (Doc. 188 ), and Richl and County (Doc. 189 ) are granted in their entireties. The motion filed by defendant Lucas (Doc. 184 ) is GRANTED in PART and DENIED in PART. The sole remaining claim in this case is plaintiff's Brady claim as it relates to Count 30 filed against defendant Lucas. Judge Patricia A. Gaughan on 10/2/13. (LC,S)
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Filing
202
Memorandum Opinion and Order: Plaintiff's Motion to Amend his Complaint is DENIED. Judge Patricia A. Gaughan on 7/26/13. (Related doc 192 ) (LC,S) Modified text on 7/26/2013 (B,B).
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Filing
144
Memorandum Opinion and Order: This matter is before the Court upon Defendant Lee Lucas' Motion to Dismiss the Complaint/Motion for Summary Judgment on Qualified Immunity Grounds (Doc. 125 ). Also pending are Defendant Matt Mayer's Motion for Summary Judgment (Doc. 127 ), Defendant Larry Faith's Motion for Summary Judgment (Doc. 128 ), Motion of Defendant DEA Special Agent Robert Cross for Summary Judgment with Respect to Bivens Claims (Doc. 129 ), Officer Ansari's Motion for Summary Judgment (Doc. 130 ), and the Motion of Defendant Metcalf for Summary Judgment (Doc. 131 ). The motions filed by defendant Lucas and defendant Metcalf are GRANTED in PART and DENIED in PART. These defendants are entitled to qu alified immunity with respect to all alleged constitutional violations except Westerfield's Brady claim related to Count 30. The motions filed by defendants Cross, Ansari, Faith, and Mayer are GRANTED as these defendants are entitled to qualifi ed immunity with respect to all alleged constitutional violations. Having substituted the United States as the party in interest with respect to the state law claims, defendants Cross and Ansari are no longer parties to this action. The state law claims remain pending against defendants Metcalf, Faith, and Mayer. Judge Patricia A. Gaughan on 5/12/11. (LC,S)
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Filing
74
Memorandum Opinion and Order: The Motion of Defendant DEA Special Agent Robert Cross for Summary Judgment with Respect to Bivens Claims (Doc. 51 ), Officer Ansari's Motion for Summary Judgment (Doc. 52 ), Motion for Summary Judgment fil ed by defendants Larry Faith, Chuck Metcalf and Matt Mayer (Doc. 53 ), Defendant Lee Lucas' Motion for Summary Judgment (Doc. 55 ) and Motion of the United States, as substituted defendant, to Dismiss Common Law Tort Claims or, in the alternat ive, Motion for Summary Judgment with Response to Common Law Tort Claims (Doc. 56 ) are GRANTED. Summary judgment with respect to the constitutional claims is GRANTED on the grounds of qualified immunity. The state law claims are hereby DISMISSED. Judge Patricia A. Gaughan on 8/8/08. (LC,S)
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