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17-359 - STOLTZFUS et al v. HUTCHINS et al


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17-359 - STOLTZFUS et al v. HUTCHINS et al
January 30, 2018
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ORDER - For the reasons described herein, the only remaining claims are: (1) false arrest claims related to the June 1, 2017 traffic stop by Mr. Stoltzfus and Mr. Riehl against Parke County Sheriff Deputies Shawn Clover and Geoffrey Canfield; and (2) Mr. Stoltzfus' excessive force claim against Deputy Clover. As such, the Court GRANTS the State Defendants' Motion to Dismiss, 19 and Mr. Lee's Motion to Dismiss, 43. The Parke County Defendants' Motion to Dismiss, 29 and the Rockville Defendants' Motion to Dismiss, 32, are GRANTED in part and DENIED in part, as follows: the Parke County Defendants' Motion to Dismiss is DENIED with respect to Plaintiffs' false arrest claims against Parke County Sheriff Deputies Shawn Clover and Geoffrey Canfield and Mr. Stoltzfus' excessive force claim against Deputy Clover, the Parke County Defendants' Motion to Dismiss is GRANTED in all other respects, the Rockville Defendants' Motion to Dismiss is DENIED with respect to Plaintiffs' false arrest claims against Rockville Police Officers Christopher Fisher and Rodney Smith, the Rockville Defendants' Motion to Dismiss is GRANTED in all other respects. Dismissal of all claims against the State Defendants is WITH PREJUDICE. Dismissal of all other claims set forth herein is WITHOUT PREJUDICE. Plaintiffs have thirty days to move to amend their complaint if they intend to continue to pursue the claims that have been dismissed without prejudice. Failure to file a motion to file an amended complaint within this time period will result in dismissal WITH PREJUDICE with respect to such claims. Given the potential for an amended complaint, the period of time within which Parke County Sheriff Deputies Shawn Clover and Geoffrey Canfield and Rockville Police Officers Christopher Fisher and Rodney Smith must answer is extended for a period of sixty days following this entry. No final judgment shall issue at this time (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 1/30/2018. Copy to Plaintiffs via US Mail. (DW)