Vallejo v. City of Fort Worth et al
Brenda Vallejo |
City of Fort Worth, Fort Worth Police Department and M. J. Ochsendorf |
4:2017cv00629 |
July 31, 2017 |
US District Court for the Northern District of Texas |
Fort Worth Office |
Tarrant |
Reed C. O'Connor |
Other Civil Rights |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 92 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court finds that Ochsendorf's Motion to Dismiss (ECF No. 14 ), should be and is hereby GRANTED in part and DENIED in part. Accordingly, Plaintiffs' claims for deliberate ind ifference, loss of familial relationship, all state law claims including intentional infliction of emotional distress, and official capacity claims against Ochsendorf are DISMISSED with prejudice. Plaintiffs' only live claim remaining against Ochsendorf is an excessive force claim. The Court finds that the City of Fort Worth's and FWPD's Amended Motion to Dismiss (ECF No. 69 ) should be and is hereby GRANTED. Accordingly, Plaintiffs' claims against City and FWPD are DISMISSED with prejudice. (Ordered by Judge Mark Pittman on 6/19/2020) (tln) |
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