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16-274 - WESTBROOK v. BENNINGTON et al

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16-274 - WESTBROOK v. BENNINGTON et al
March 24, 2016
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Entry Discussing Amended Complaint and Directing Further Proceedings : The Court understands the viable defendants in this action to be Diane Bennington and Danial Hahn (in their individual capacities), the City of Muncie and Delaware County Sheriff's Department. The clerk is directed to update the docket to reflect these four defendants have been named in the amended complaint. Mr. Westbrook shall have through April 14, 2016, to notify the Court if he believes the court has misunderstood the defendants or the claims in this action. Otherwise the Fourth Amendment claims against Diane Bennington and Danial Hahn, the City of Muncie and Delaware County Sheriff's Department shall proceed as submitted. If Mr. Westbrook seeks the Court's assistance in serving the defendants he should provide their mailing address by no later than April 14, 2016. If mailing addresses are not received by this date Mr. Westbrook will be expected to serve the defendants consistent with Rule 4 of the Federal Rules of Civil Procedure ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 3/24/2016. Copy sent via US Mail. (DW)
January 25, 2018
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ORDER granting in part and denying in part 89 Motion to Dismiss for Failure to State a Claim. The motion is granted to the extent that Bennington is entitled to judicial immunity and all claims alleged against her are dismissed. The motion is denied as to the Muncie City Court because the defenses asserted are not applicable to this municipal defendant. (Copy to Plaintiff via U.S. Mail) Signed by Judge William T. Lawrence on 1/25/2018. (JDC)
May 25, 2018
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Entry Discussing Motion for Joinder and Severing Claims - The plaintiff's motion for joinder of previously unknown defendants has been considered. For the reasons explained below, the claims against the newly named defendants shall be joined in this action, but immediately severed--along with the Delaware County Sheriff's Department--into a new action. The claims against the Sheriff of Delaware County and Bonita Smithers, Terri Hamilton, Chris Hoose, Jason Wentz, Anthony Ford, and Bridgett Martin are severed from this action. To effectuate this ruling, one new civil action from the Indianapolis Division shall be opened. The clerk is directed to terminate the Sheriff of Delaware County as a defendant on the docket in this action. The motion for joinder, Dkt. No. 148, is granted and claims against the newly joined defendants along with the Sheriff of Delaware County are immediately severed. This action docketed as No. 1:16-cv-274-WTL-DLP shall proceed only as to Daniel Hahn, Matthew Hollans, City of Muncie, Muncie Police Department and Muncie City Court. (SEE ENTRY). Copy to plaintiff via US Mail. Signed by Judge William T. Lawrence on 5/25/2018.(APD)