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16-10118 - Patrick et al v. Matthews et al


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16-10118 - Patrick et al v. Matthews et al
May 4, 2017
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ORDER: Defendant Mathewss motion to dismiss 17 and Defendant Wainscotts motion to dismiss 23 are granted. All of the claims against those Defendants are dismissed. Defendant Fapso's motion to dismiss 20 is granted in part and denied in part. Specifically, Plaintiffs' state law claims against Fapso are dismissed; Plaintiffs' ยง 1983 claim again Fapso will proceed. Plaintiffs' claim for indemnification based upon Fapso's alleged constitutional violations may proceed against Fapso's employer and potential indemnifier, presumably the City of North Chicago, but Plaintiffs have not formally named the City of North Chicago as a Defendant. Accordingly, to proceed with that claim, Plaintiffs must amend the Complaint to add a proper Defendant. The time for Plaintiffs to determine whether to file an amended complaint is extended to 5/8/2017. See the accompanying Statement for details. Signed by the Honorable Andrea R. Wood on 5/4/2017. Mailed notice (aw, )