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05-1153 - THE ESTATE OF BRIAN PERRY et al v. BOONE COUNTY SHERIFF et al


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05-1153 - THE ESTATE OF BRIAN PERRY et al v. BOONE COUNTY SHERIFF et al
June 7, 2006
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ENTRY denying 25 Motion to Dismiss Complaint for Failure to state a claim. Signed by Judge John Daniel Tinder on 6/7/06 -cm. (EAH, )
March 12, 2008
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ORDER On Motions for Summary Judgment: The Motion for Summary Judgment filed by Defendants 63 is GRANTED in part and DENIED in part. The claims against Boone County Jail Commander Teresa Brannon and Sheriff Dennis M. Brannon are DISMISSED with prejudice and they are dismissed as named defendants in this matter. Further, Plaintiffs section 1983 claims against the Boone County Sheriff are DISMISSED with prejudice. Only Plaintiffs state lawclaims remain against the Boone County Sheriff. The Motion for Summary Judgment filed by Defendant Doctor Patrick Doolan 66 is GRANTED in part and DENIED in part. Plaintiffs section 1983 claims against Doctor Doolan for deprivation of a liberty interest in continued familial relations and for failure to train are DISMISSED with prejudice. Further, the state law claims against Dr. Doolan are DISMISSED without prejudice. Only Plaintiffs section 1983 claim for deliberate indifference to Brian Perrys medical condition remains against Dr. Doolan. Signed by Judge Larry J. McKinney on 3/12/08. (PG)