Leonard et al v. Starkey et al
||Paula L. Leonard and Robert P. Leonard
||Sarah Starkey, Brenda Ware, Terry Walker, Julie Garvin, Cody Shingleton, James Medina and West Virginia Department of Health and Human Resources
||March 12, 2014
||US District Court for the Northern District of West Virginia
||Irene M. Keeley
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42:1983 Civil Rights Act
|Jury Demanded By:
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|January 24, 2017
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS STARKEY, WARE AND WALKER'S MOTION FOR SUMMARY JUDGMENT. The Court grants the Defendants Starkey, Ware and Walker's 123 Motion for Summary Judgment ; finding as moot 138 Motion in Limin e and 156 Motion for Leave to File. These defendants are dismissed from this action. All matters having now been dismissed, this matter is ORDERED STRICKEN from the active docket of this Court. The Clerk is directed to enter a separate judgment order in favor of all defendants in this matter. Signed by District Judge John Preston Bailey on 1/24/17. (Emailed to all counsel of record)(mh)
|January 14, 2016
MEMORANDUM OPINION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. The Court denies in part and grants in part the Defendants' 73 Motion to Dismiss. Therefore, the Court DENIES WITHOUT PREJUDICE the DH HR defendants Motion to Dismiss [Doc. 73], as to the § 1983 claims in Counts 1 and 2; DENIES WITHOUT PREJUDICE the Motion to Dismiss based on qualified immunity; GRANTS the DHHR defendants Motion to Dismiss and DISMISSES Counts 3 and 4 insofar as these Counts pertain to the DHHR defendants; DENIES the DHHR defendants Motion to Dismiss the civil conspiracy claim in Count 7 insofar as it pertains to § 1983 conspiracy; GRANTS the DHHR defendants Motion to Dism iss the civil conspiracy claims in Count 7 insofar as they pertain to all other claims except the Section 1983 conspiracy; and GRANTS the WVDHHRs Motion to Dismiss the vicarious liability claim in Count 8; accordingly, the WVDHHR is hereby DISMISSED from this action. Signed by District Judge John Preston Bailey on 1/14/16. (mh)
|December 8, 2015
MEMORANDUM OPINION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. The Court grants in part and denies in part defendants Shingleton and Medina's 77 Motion to Dismiss. The Court denies, without prejudice, Medina and Shingleton's Motion to Dismiss as to the 1983 unlawful entry claims in Counts 1 and 2; denies without prejudice the Motion to Dismiss based on immunity; grants Medina and Shingleton's Motion to Dismiss and Dismisses Counts 3 and 4 insofar as these Counts pertain to the deputy defendants; grants Medina and Shingleton's Motion to Dismiss and Dismisses the assault claim in Count 6; denies Medina and Shingleton's Motion to Dismiss the civil conspiracy claim in Count 7 insofar as it pertains to 1983 conspiracy; and grants Medina and Shingleton's Motion to Dismiss the civil conspiracy claims in Count 7 insofar as they pertain to all other claims except the Section 1983 conspiracy. Signed by District Judge John Preston Bailey on 12/8/15. (mh)
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