Hupp et al v. Cook et al
||Tiffanie Hupp, Riley Hupp and Clifford Myers
||Seth Cook, C.R. "Jay" Smithers and West Virginia State Police
||January 25, 2017
||US District Court for the Southern District of West Virginia
||Thomas E. Johnston
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|July 3, 2018
MEMORANDUM OPINION AND ORDER granting defendants' 92 MOTION for Summary Judgment; denying plaintiffs' 90 MOTION for Partial Summary Judgment; denying as moot 104 MOTION for Oral Argument and 116 MOTION to continue trial and jury selection. Signed by Judge Thomas E. Johnston on 7/3/2018. (cc: counsel of record; any unrepresented party) (taq)
|August 7, 2017
MEMORANDUM OPINION AND ORDER granting the 22 MOTION to Amend; the Court ORDERS that the First Amended Complaint, (ECF No. 22-1), be FILED as the operative pleading in this matter; granting in part and denying in part the 8 Motion to Dismiss; Counts IV, VI, VII, and VIII of the First Amended Complaint are DISMISSED to the extent brought against the State Police and its officers in their official capacities; Count VI is further DISMISSED en toto; the Fourteenth Amendment "maliciou s prosecution" claim alleged in Count III is also DISMISSED; as a natural consequence of these findings, directing that the State Police be removed as a party to this action. Signed by Judge Thomas E. Johnston on 8/7/2017. (cc: counsel of record; any unrepresented party) (taq)
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