Bristow et al v. Mr. Vandayburg et al
| Lisa Gilroy |
| Mr. Vandayburg, Timothy Shook and Ross Wilbur |
| 1:2011cv00186 |
| January 26, 2011 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Richland |
| Patricia A. Gaughan |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
26
Memorandum Opinion and Order: Federal Defendant Timothy Shook's Motion for Summary Judgment is GRANTED. Judge Patricia A. Gaughan on 11/14/11. (LC,S) re 25
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Filing
19
Memorandum Opinion and Order: This matter is before the Court upon Defendants Ross Wilber, Timothy Shook and Alan Vandayburg's Motion to Dismiss or, Alternatively, Ross Wilber's Motion for Summary Judgment (Doc. 15 ) and the Motion to Dismiss Substituted Defendant United States of America (Doc. 17 ). This is a civil rights action. For the reasons that follow, the motion filed by Defendants Ross Wilber, Timothy Shook and Alan Vandayburg's is GRANTED in PART and DENIED i n PART. The motion filed by the United States is GRANTED. Defendants Wilber and Vandayburg point out that the complaint does not contain sufficient allegations to suggest that they were involved in the alleged wrongdoing. Plaintiff does not disput e this assertion. Having reviewed the complaint, the Court agrees. Accordingly, dismissal is warranted. Defendants' motion is GRANTED as to defendants Wilber and Vandayburg. For the reasons stated in this Court's Memorandum of Opinion an d Order dated February 3, 2011, the Court finds that the complaint states a claim against defendant Shook. Accordingly, defendants' motion is DENIED as to this defendant. The motion filed by the United States is GRANTED as plaintiff does not di spute that she failed to exhaust her administrative remedies. Thus, to the extent the complaint contains common law tort claims for false arrest and false imprisonment, those claims are dismissed for lack of jurisdiction. Judge Patricia A. Gaughan on 7/8/11. (LC,S)
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Filing
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Memorandum Opinion and Order: Plaintiffs' Motions to Proceed In Forma Pauperis are granted. As Bristow has not set forth a valid claim, she is dismissed pursuant to 28 U.S.C. § 1915(e). Gilroy's claim remains. The Clerk's Office is directed to forward the appropriate documents to the U.S. Marshal for service of process as to Gilroy's claim. The Clerk's Office shall include a copy of this order in the documents to be served upon Defendants. Judge Patricia A. Gaughan on 2/3/11. (LC,S) re 3 , 4
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