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06-701 - Marshall v. West et al(CONSENT)


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06-701 - Marshall v. West et al(CONSENT)
May 24, 2007
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on is denied at this time. Plaintiff is granted leave until 6/1/07 to move to amend his complaint to allege a 1983 Fourth Amendment malicious prosecution claim as further set out in order. Any amended complaint shall be accompanied by a motion for leave to amend; (4) defendants' 5 motion to dismiss the state-law claims in Counts II and III is GRANTED and said claims are hereby dismissed with prejudice; (5) defendants' 5 motion to dismiss plaintiff's request for injunctive and declaratory relief is granted. Signed by Judge Ira De Ment on 5/24/07. (sl, )MEMORANDUM OPINION AND ORDER that defendants' 5 Motion to Dismiss is GRANTED in part and DENIED in part as follows: (1) defendants' motion to dismiss the 1983 First Amendment claim is granted and the claim is dismised with prejudice; (2) defendants' motion to dismiss the 1983 Fourth Amendment claims alleging an illegal traffic stop, false arrest, and unlawful search is denied; (3) defendants' 5 motion to dismiss the 1983 Fourth Amendment claim alleging malicious prosecuti
June 2, 2008
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MEMORANDUM OPINION AND ORDER that Hutson's 30 MOTION for Summary Judgment is granted and that West's 31 Motion for Summary Judgment is granted in part and denied in part. Signed by Honorable Ira De Ment on 6/2/08. (sl, )