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16-2048 - MANCINI et al v. CITY OF INDIANAPOLIS et al


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16-2048 - MANCINI et al v. CITY OF INDIANAPOLIS et al
January 6, 2017
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REPORT AND RECOMMENDATIONS re 12 -The Magistrate Judge recommends that the Court GRANT Defendants' motion to dismiss 12, DISMISS Plaintiffs' constitutional claims against all parties WITH PREJUDICE, and DISMISS Plaintiffs' Amended Complaint 11 WITHOUT PREJUDICE. Signed by Magistrate Judge Mark J. Dinsmore on 1/6/2017.(CBU)
September 26, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Ms. Mancini's Objection to Magistrate's Report and Recommendation (Filing No. 43) regarding the City's Motion to Dismiss is SUSTAINED in part and OVERRULED in part. The Motion to Dismiss (Filing No. 12) is GRANTED in part and DENIED in part. Defendants IMPD, Officer Defendants in their official capacities, Rick Hite, and all named police officers in their individual and official capacities are DISMISSED with prejudice. Ms. Mancini's Fourteenth Amendment claim against all Defendants is DISMISSED with prejudice. The remaining claims for trial in this case are the Fourth Amendment claim, pursuant to 42 U.S.C. ยง 1983 under Count I, and the Monell claim under Count II. See Entry for details. Signed by Judge Tanya Walton Pratt on 9/26/2017.(MEJ)