Thornsbury v. Crowe et al
| Carla Thornsbury |
| Brian Crowe and Montgomery County Sheriff |
| 3:2014cv00165 |
| May 22, 2014 |
| U.S. District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS (DOC. #16); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF'S SECOND CAUSE OF ACTION (DOC . #8); DISMISSING WITHOUT PREJUDICE PLAINTIFF'S STATE LAW CLAIM OF MALICIOUS PROSECUTION; GIVING PLAINTIFF 14 DAYS TO FILE A MOTION FOR LEAVE TO AMEND HER COMPLAINT; SUSTAINING DEFENDANTS' UNOPPOSED JOINT MOTION TO BIFURCATE CLAIMS AND STA Y DEFICIENT POLICY CLAIM (DOC. #11). Defendants' unopposed Joint Motion to Bifurcate Claims and Stay DeficientPolicy Claim, Doc. #11, is SUSTAINED. Defendants' Motion for Judgment on the Pleadings as to Plaintiff's Second Cause of Act ion, Doc. #8, is SUSTAINED IN PART and OVERRULED IN PART. Plaintiff's claim of malicious prosecution under Ohio law is DISMISSED WITHOUT PREJUDICE. Plaintiff shall have 14 days to move for leave to file an amended complaint, to clarify whether her malicious prosecution claim is brought under 42 U.S.C. § 1983. Signed by Judge Walter H Rice on 2/2/2015. (srb1)
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Filing
16
REPORT AND RECOMMENDATIONS: 8 Defendants' Motion for Judgment on the Pleadings as to Plaintiff's Second Cause of Action be GRANTED, in part, and DENIED in part; Plaintiff's claim of malicious prosecution under Ohio law be DISMISSE D without prejudice to renewal; Plaintiff be given 14 days to file a Motion to Amend her Complaint, in the event she seeks to do so; and, 11 Defendants' Joint Motion to Bifurcate Claims and Stay Deficient Policy Claim be GRANTED as unopposed. Objections to R&R due by 1/30/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 1-13-15. (mcm1)
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