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17-2948 - PRATT v. MARION COUNTY SHERIFF et al


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17-2948 - PRATT v. MARION COUNTY SHERIFF et al
March 14, 2018
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ailed herein, the Court is GRANTS IN PART and DENIES IN PART the Sheriff's Office's Motion to Dismiss and dismisses Mr. Pratt's § 1983 and respondeat superior claims against the Sheriff's Office. The Sheriff's Office's Motion is DENIED with respect to Mr. Pratt's respondeat superior claims against it. For the reasons stated herein, the Sheriff's Office's Motion to Dismiss is GRANTED IN PART and DENIED IN PART, 16, and Mr. Pratt's 42 U.S.C. § 1983 claim against the Sheriff's Office is DISMISSED WITHOUT PREJUDICE. No final judgment shall issue. (See Order). Signed by Judge Jane Magnus-Stinson on 3/14/2018. (APD) Modified on 3/14/2018 to indicate order was amended (APD).***ORDER AMENDED. PLEASE SEE 33.***ORDER GRANTING IN PART MOTION TO DISMISS - Pending before the Court is Defendant Marion County Sheriff's Office's (the "Sheriff's Office") Motion to Dismiss for Failure to State a Claim. [Filing No. 16.] The Sheriff's Office seeks dismissal of the claims brought against it by Plaintiff Lee Pratt pursuant to 42 U.S.C. § 1983 and the state law doctrine of respondeat superior. [Filing No. 1.] For the reasons det
March 14, 2018
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AMENDED ORDER GRANTING IN PART MOTION TO DISMISS - This Order amends Filing No. 32 in order to accurately reflect that only Mr. Pratt's § 1983 claim is dismissed. Pending before the Court is Defendant Marion County Sheriff's Office's (the "Sheriff's Office") Motion to Dismiss for Failure to State a Claim. [Filing No. 16.] The Sheriff's Office seeks dismissal of the claims brought against it by Plaintiff Lee Pratt pursuant to 42 U.S.C. § 1983 and the state law doctrine of respondeat superior. [Filing No. 1.] For the reasons detailed herein, the Court is GRANTS IN PART and DENIES IN PART the Sheriff's Office's Motion to Dismiss and dismisses Mr. Pratt's § 1983 claim against the Sheriff's Office. For the reasons stated herein, the Sheriff's Office's Motion to Dismiss is GRANTED IN PART and DENIED IN PART, 16, and Mr. Pratt's 42 U.S.C. § 1983 claim against the Sheriff's Office is DISMISSED WITHOUT PREJUDICE. No final judgment shall issue. (See Order). Signed by Judge Jane Magnus-Stinson on 3/14/2018.(APD)