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15-1016 - Gray v. Weselmann et al


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15-1016 - Gray v. Weselmann et al
April 15, 2016
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ORDER. Defendants' motion to dismiss 23 is GRANTED in part and DENIED in part. Counts One, Two, and Three are DISMISSED, and defendants Moultis, O'Connell, and Weselmann are dismissed as defendants in this case. Counts Four, Five, Six, and Seven against defendant United States shall remain subject to the parties' engagement in limited discovery and the Court's consideration of a motion for summary judgment to address the issues of probable cause and timeliness as described in this attached order. Signed by Judge Jeffrey A. Meyer on 4/15/2016. (Oakes, A.)
March 31, 2017
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RULING ON MOTION FOR SUMMARY JUDGMENT. Plaintiff has not shown a triable issue of fact on the issue of whether the United States lacked probable cause at the relevant time to support his arrest, detention, and prosecution for unlawful reentry into the United States. Because there is no genuine issue of fact remaining as to probable cause, plaintiff cannot prevail on any of the state law claims that he asserts against the United States under the Federal Tort Claims Act. Accordingly, the United States' motion for summary judgment (Doc. #42) is GRANTED. See the attached ruling. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/31/2017. (Gruber, Sarah)