Heddlesten v. Van Dyck et al
Kenneth R Heddlesten |
Phillip Paxton, Phillip Smith, Richard G Van Dyck, Lance Compton, Todd Anthony, David Stevens, Bret T Burns, Scott Biggs, Danny Sanders, Nita Newport and Tess Brown |
5:2011cv01352 |
November 14, 2011 |
US District Court for the Western District of Oklahoma |
Oklahoma City Office |
Comanche |
Robert Bacharach |
Stephen P. Friot |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 91 ORDER ADOPTING 85 Report and Recommendation, GRANTING 27 Motion to Dismiss filed by Nita Newport, GRANTING 44 Motion to Dismiss filed by Scott Biggs, Danny Sanders, Tess Brown, David Stevens, Bret T Burns, Richard G Van Dyck, DENYING [6 0] Motion for Summary Judgment filed by Kenneth R Heddlesten, DENYING 89 Motion for Extension of Time filed by Kenneth R Heddlesten. Plf's individual capacity claims against dfts Van Dyck, Stephens, Biggs & Burns are dismissed w/prejudice o n grounds of absolute immunity. Plf's individual capacity claims against dfts Newport & Sanders in Count I are dismissed w/o prejudice under Rooker-Feldman, Preiser & Heck, & plf's individual capacity claim against dft Newport in Count II is dismissed w/prejudice as untimely. Plf's unspecified claim against dft Brown is dismissed w/o prejudice & w/o leave to amend. Plf's official capacity claims against dfts Van Dyck, Stephens, Biggs, Burns, Brown, Sanders & Newport are dis missed w/o prejudice under the Eleventh Amendment. To the extent plf seeks relief on behalf of his wife, such claims are dismissed w/o prejudice for lack of standing. The dismissal of this action counts as a strike for purposes of 28 USC § 1915(g). Signed by Honorable Stephen P. Friot on 12/20/12. (llg) Modified on 12/20/2012 (llg). |
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