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17-152 - Sweet v. Mesa, City of et al


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17-152 - Sweet v. Mesa, City of et al
June 1, 2018
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ORDER - IT IS THEREFORE ORDERED that the Motions to Dismiss of Defendant Langley (Docs. 77, 78), Defendant City of Mesa, Doane, Elmore, Cochran, and Gomez (Docs. 81, 83), and Defendant Brailsford (Docs. 82, 84) are GRANTED IN PART AND DENIED IN PART as follows: 1. Count One of the Sweet Complaint REMAINS as to all Defendants. Punitive damages claims are DISMISSED as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez. 2. Count Three of the Sweet Complaint REMAINS as to Defendant City of Mesa (in its official capacity) and Defendants Langley, Brailsford, Doane, Cochran, Elmore, and Gomez (in their individual capacities). 3. Count Four of the Sweet Complaint is DISMISSED WITHOUT PREJUDICE. 4. Count Five of the Sweet Complaint is DISMISSED WITHOUT PREJUDICE. 5. Count Six of the Sweet Complaint REMAINS as to all Defendants for claims by Laney Sweet, E.S., and N.S. Count Six of the Sweet Complaint is DISMISSED as to Defendants City of Mesa, Elmore, Doane, Cochran, Gomez, Langley and Brailsford for claims by the Estate of Daniel Shaver. 6. Count Seven of the Sweet Complaint is DISMISSED as to all Defendants. 7. Count Eight of the Sweet Complaint is DISMISSED as to all Defendants. 8. Count One of the Shaver Complaint is DISMISSED as to Defendants, Cochran, Doane, Elmore, and Gomez. Count One of the Shaver Complaint REMAINS as to Defendants City of Mesa, Langley, and Brailsford. 9. Count Two of the Shaver Complaint is DISMISSED as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez in their official capacity. Count Two of the Shaver Complaint REMAINS as to Defendant City of Mesa. 10. Count Three of the Shaver Complaint REMAINS as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez. (See document for complete details). Signed by Judge G Murray Snow on 6/1/18. (SLQ)