Parrish et al v. City of Mason, Ohio et al
| Ernest Boucher, Cheryl Boucher, S. O. and Lee Parrish |
| Mason City of, Daniel Fry and Sean McCormick |
| 1:2011cv00861 |
| December 9, 2011 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| BUTLER |
| Stephanie K. Bowman |
| S Arthur Spiegel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
61
OPINION AND ORDER denying 54 Defendants' Daubert Motion to Exclude Opinion Testimony of Cyril H Wecht M.D.; granting in part and denying in part 32 Motion for Summary Judgment, such that Plaintiffs' claims for excessive force, claims a gainst Defendant City of Mason, and state law claims all survive Defendants' challenges and are proper for consideration by a jury. The Court DENIES Defendant Officers qualified immunity because it was established law at the time that it is obj ectively unreasonable to use a taser against an immobilized suspect who is not resisting, and the facts of this matter could be viewed to show they applied gratuitous violence against Boucher. Finally the Court SETS this matter for a settlement conference on 4/24/2013 at 3:00 P.M., for final pretrial conference on 5/29/2013 at 3:00 P.M., and for a five-day jury trial to commence on 6/18/2013 on an on-deck basis. Signed by Judge S Arthur Spiegel on 3/21/2013. (km1)
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